Common use of Delay and Waiver Clause in Contracts

Delay and Waiver. No delay or omission in exercising any right, power, privilege or remedy under this Agreement or any other Loan Document, including any rights and remedies in connection with the occurrence of an Event of Default or Potential Default shall impair any such right, power, privilege or remedy of the Secured Parties, nor shall it be construed to be a waiver of any right, power, privilege or remedy or of any breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any waiver of any single right, power, privilege or remedy, or of any breach or default be deemed a waiver of any other right, power, privilege or remedy or of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Secured Parties of any right, power, privilege or remedy including any rights and remedies in connection with the occurrence of an Event of Default or Potential Default or of any other breach or default under this Agreement or any other Loan Document, or any waiver on the part of any of the Secured Parties of any provision or condition of this Agreement or any other Transaction Document, must be in writing and shall be effective only to the extent specifically set forth in such writing. All rights, powers, privileges and remedies, either under this Agreement or any other Loan Document or by law or otherwise afforded to any of the Secured Parties, shall be cumulative and not alternative and not exclusive of any other rights, powers, privileges and remedies that such Secured Parties may otherwise have.

Delay and Waiver. No delay or omission in exercising to exercise any right, power, privilege power or remedy under this Agreement or any other Loan Document, including any rights and remedies in connection with accruing upon the occurrence of an any Event of Default or Potential Default any other breach or default by a Borrower under this Agreement shall impair any such right, power, privilege power or remedy of the Secured PartiesDisbursement Agent, the Agent or any Lender nor shall it be construed to be a waiver of any right, power, privilege or remedy or of any such breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any waiver of any single right, power, privilege Event of Default or remedy, or of any other breach or default be deemed a waiver of any other right, power, privilege Event of Default or remedy or of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Secured Parties Disbursement Agent, the Agent or any Lender of any right, power, privilege or remedy including any rights and remedies in connection with the occurrence of an Event of Default or Potential Default or of any other breach or default under this Agreement or any other Loan DocumentAgreement, or any waiver on the part of any of the Secured Parties Disbursement Agent, the Agent or any Lender of any provision or condition of this Agreement or any other Transaction DocumentAgreement, must be in writing and shall be effective only to the extent in such writing specifically set forth in such writingforth. All rights, powers, privileges and remedies, either remedies under this Agreement or any other Loan Document or by law or otherwise afforded to any of the Secured PartiesDisbursement Agent, the Agent or any Lender shall be cumulative and not alternative alternative. The Agent on behalf of the Lenders (acting at the direction of the Required Lenders) and not exclusive of any other rightsparty hereto, powerson behalf of itself, privileges may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and remedies that specifically designates the breach waived, nor shall any such Secured Parties may otherwise havewaiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breach.

Delay and Waiver. No delay or omission in exercising any right, power, privilege or remedy under this Common Agreement or any other Loan Document, including any rights and remedies in connection with the occurrence of an Event of Default or Potential Default shall impair any such right, power, privilege or remedy of the Secured Credit Parties, nor shall it be construed to be a waiver of any right, power, privilege or remedy or of any breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any waiver of any single right, power, privilege or remedy, or of any breach or default be deemed a waiver of any other right, power, privilege or remedy or of any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Secured Credit Parties of any right, power, privilege or remedy including any rights and remedies in connection with the occurrence of an Event of Default or Potential Default or of any other breach or default under this Common Agreement or any other Loan Document, or any waiver on the part of any of the Secured Credit Parties of any provision or condition of this Common Agreement or any other Transaction Document, must be in writing and shall be effective only to the extent in such writing specifically set forth in such writingforth. All rights, powers, privileges and remedies, either under this Common Agreement or any other Loan Document or by law or otherwise afforded to any of the Secured Credit Parties, shall be cumulative and not alternative and not exclusive of any other rights, powers, privileges and remedies that such Secured Credit Parties may otherwise have.

Delay and Waiver. No delay or omission in exercising to exercise any right, power, privilege power or remedy under this Agreement or any other Loan Document, including any rights and remedies in connection with accruing upon the occurrence of an any Event of Default or Potential Event of Default or any other breach or default of the Company Group or any of them under any Facility Agreement or any Related Collateral Agreement shall impair any such right, power, privilege power or remedy of the Secured PartiesCredit Parties or the Intercreditor Agent, nor shall it be construed to be a waiver of any right, power, privilege or remedy or of any such breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any waiver of any single right, power, privilege Event of Default or remedy, Potential Event of Default or of any other breach or default be deemed a waiver of any other right, power, privilege Event of Default or remedy Potential Event of Default or of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Secured Credit Parties or the Intercreditor Agent of any right, power, privilege or remedy including any rights and remedies in connection with the occurrence of an Event of Default or Potential Event of Default or of any other breach or default under this Agreement, any Related Collateral Agreement or any other Loan DocumentFinancing Agreement, or any waiver on the part of any of the Secured Credit Parties or the Intercreditor Agent, of any provision or condition of this Agreement or any other Transaction Documentoperative document, must be in writing and shall be effective only to the extent specifically set forth in such writing. All rights, powers, privileges and remedies, either under this Agreement, under any Related Collateral Agreement or any other Loan Document Financing Agreement or by law or otherwise afforded to any of the Secured Parties, Credit Parties or the Intercreditor Agent shall be cumulative and not alternative and not exclusive (subject to any limitations on the exercise of any other rights, powers, privileges and such remedies that such Secured Parties may otherwise haveimposed under this Agreement).

Delay and Waiver. No delay or omission in exercising to exercise any right, power, privilege power or remedy under this Agreement or any other Loan Document, including any rights and remedies in connection with accruing upon the occurrence of an any Potential Event of Default or Potential Event of Default or any other breach or default of the Company under this Agreement shall impair any such right, power, privilege power or remedy of the Funding Agents, the Lenders, the Disbursement Agent or any other Secured Parties, Party nor shall it be construed to be a waiver of any right, power, privilege or remedy or of any such breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any waiver of any single rightPotential Event of Default, power, privilege Event of Default or remedy, or of any other breach or default be deemed a waiver of any other rightPotential Event of Default, power, privilege Event of Default or remedy or of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Secured Parties Funding Agents, the Lenders or the Disbursement Agent, of any rightPotential Event of Default, power, privilege or remedy including any rights and remedies in connection with the occurrence of an Event of Default or Potential Default or of any other breach or default under this Agreement or any other Loan DocumentAgreement, or any waiver on the part of any of the Secured Parties Funding Agents, the Lenders or the Disbursement Agent, of any provision or condition of this Agreement or any other Transaction DocumentAgreement, must be in writing and shall be effective only to the extent in such writing specifically set forth in such writingforth. All rightsNeither any waiver, powerspermit, privileges and remediesconsent or approval of any kind or character on the part of any of the Funding Agents, either the Lenders or the Disbursement Agent of any Potential Event of Default, Event of Default or other breach or default under this Agreement nor any waiver on the part of any of the Funding Agents, the Lenders or the Disbursement Agent of any provision or condition of this Agreement shall be effective or binding with respect to any other Loan Document Operative Document. All remedies under this Agreement or by law or otherwise afforded to any of the Secured PartiesFunding Agents, the Lenders or the Disbursement Agent shall be cumulative and not alternative and not exclusive of any other rights, powers, privileges and remedies that such Secured Parties may otherwise havealternative.

Delay and Waiver. No delay or omission in exercising any right, power, privilege or remedy under this Common Agreement or any other Loan Document, including any rights and remedies in connection with the occurrence of an Event of Default or Potential Default shall impair any such right, power, privilege or remedy of the Secured Credit Parties, nor shall it be construed to be a waiver of any right, power, privilege or remedy or of any breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any waiver of any single right, power, privilege or remedy, or of any breach or default be deemed a waiver of any other right, power, privilege or remedy or of any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Secured Credit Parties of any right, power, privilege or remedy including any rights and remedies in connection Confidential materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote such omission. 108 with the occurrence of an Event of Default or Potential Default or of any other breach or default under this Common Agreement or any other Loan Document, or any waiver on the part of any of the Secured Credit Parties of any provision or condition of this Common Agreement or any other Transaction Document, must be in writing and shall be effective only to the extent in such writing specifically set forth in such writingforth. All rights, powers, privileges and remedies, either under this Common Agreement or any other Loan Document or by law or otherwise afforded to any of the Secured Credit Parties, shall be cumulative and not alternative and not exclusive of any other rights, powers, privileges and remedies that such Secured Credit Parties may otherwise have.

Delay and Waiver. No delay or omission in exercising any right, power, privilege or remedy under this Agreement or any other Loan Document, including any rights and remedies in connection with the occurrence of an a Default or Event of Default or Potential Default shall impair any such right, power, privilege or remedy of the Secured Lender Parties, nor shall it be construed to be a waiver of any right, power, privilege or remedy or of any breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any waiver of any single right, power, privilege or remedy, or of any breach or default be deemed a waiver of any other right, power, privilege or remedy or of any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Secured Lender Parties of any right, power, privilege or remedy including any rights and remedies in connection with the occurrence of an a Default or Event of Default or Potential Default or of any other breach or default under this Agreement or any other Loan Document, or any waiver on the part of any of the Secured Lender Parties of any provision or condition of this Agreement or any other Transaction Loan Document, must be in writing and shall be effective only to the extent in such writing specifically set forth in such writingforth. All rights, powers, privileges and remedies, either under this Agreement or any other Loan Document or by law or otherwise afforded to any of the Secured Lender Parties, shall be cumulative and not alternative and not exclusive of any other rights, powers, privileges and remedies that such Secured Lender Parties may otherwise have.

Delay and Waiver. No delay or omission in exercising any right, power, privilege or remedy under this Loan Guarantee Agreement or any other Loan Financing Document, including any rights and remedies in connection with the occurrence of an Event of Default or Potential Event of Default shall impair any such right, power, privilege or remedy of DOE or the other Secured Parties, nor shall it be construed to be a waiver of any right, power, privilege or remedy or of any breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any waiver of any single right, power, privilege or remedy, or of any breach or default be deemed a waiver of any other right, power, privilege or remedy or of any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Secured Parties by DOE of any right, power, privilege or remedy including any rights and remedies in connection with the occurrence of an Event of Default or Potential Event of Default or of any other breach or default under this Loan Guarantee Agreement or any other Loan Financing Document, or any waiver on the part of any of the Secured Parties by DOE of any provision or condition of this Loan Guarantee Agreement or any other Transaction Document, must be in writing and shall be effective only to the extent in such writing specifically set forth in such writingforth. All rights, powers, privileges and remedies, either under this Loan Guarantee Agreement or any other Loan Financing Document or by law or otherwise afforded to any of the Secured PartiesDOE, shall be cumulative and not alternative and not exclusive of any other rights, powers, privileges and remedies that such Secured Parties DOE may otherwise have.

Delay and Waiver. No delay or omission in exercising any right, power, privilege or remedy under this Loan Guarantee Agreement or any other Loan Document, including any rights and remedies in connection with the occurrence of an Event of Default or Potential Default shall impair any such right, power, privilege or remedy of the Secured Credit Parties, nor shall it be construed to be a waiver of any right, power, privilege or remedy or of any breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any waiver of any single right, power, privilege or remedy, or of any breach or default be deemed a waiver of any other right, power, privilege or remedy or of any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Secured Credit Parties of any right, power, privilege or remedy including any rights and remedies in connection with the occurrence of an Event of Default or Potential Default or of any other breach or default under this Loan Guarantee Agreement or any other Loan Document, or any waiver on the part of any of the Secured Credit Parties of any provision or condition of this Loan Guarantee Agreement or any other Transaction Document, must be in writing and shall be effective only to the extent in such writing specifically set forth in such writingforth. All rights, powers, privileges and remedies, either under this Loan Guarantee Agreement or any other Loan Document or by law or otherwise afforded to any of the Secured Credit Parties, shall be cumulative and not alternative and not exclusive of any other rights, powers, privileges and remedies that such Secured Credit Parties may otherwise have.

Delay and Waiver. No delay or omission in exercising any right, power, privilege or remedy (x) under this Agreement or any other Loan Document or (y) by any Lender Party under any Existing Collateral Security Document, including any rights and remedies in connection with the occurrence of an a Default or Event of Default or Potential Default shall impair any such right, power, privilege or remedy of the Secured Lender Parties, nor shall it be construed to be a waiver of any right, power, privilege or remedy or of any breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any waiver of any single right, power, privilege or remedyremedy (x) under this Agreement or any other Loan Document or (y) by any Lender Party under any Existing Collateral Security Document, or of any breach or default be deemed a waiver of any other right, power, privilege or remedy or of any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Secured Lender Parties of any right, power, privilege or remedy including any rights and remedies in connection with the occurrence of an a Default or Event of Default or Potential Default or of any other breach or default under this Agreement or any other Loan Transaction Document, or any waiver on the part of any of the Secured Lender Parties of any provision or condition of this Agreement or any other Transaction Document, must be in writing and shall be effective only to the extent in such writing specifically set forth in such writingforth. All rights, powers, privileges and remedies, either remedies (x) under this Agreement or any other Loan Document or (y) of any Lender Party under any Existing Collateral Security Document, either under this Agreement or any other Transaction Document or by law Law or otherwise afforded to any of the Secured Lender Parties, shall be cumulative and not alternative and not exclusive of any other rights, powers, privileges and remedies that such Secured Lender Parties may otherwise have.

Delay and Waiver. No delay or omission in exercising any right, power, privilege or remedy under this Agreement or any other Loan Document, including any rights and remedies in connection with the occurrence of an Event of Default or Potential Default shall impair any such right, power, privilege or remedy of the Secured PartiesCollateral Agent, nor shall it be construed to be a waiver of any right, power, privilege or remedy or of any breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any waiver of any single right, power, privilege or remedy, or of any breach or default be deemed a waiver of any other right, power, privilege or remedy or of any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Secured Parties Collateral Agent of any right, power, privilege or remedy including any rights and remedies in connection with the occurrence of an Event of Default or Potential Default or of any other breach or default under this Agreement or any other Loan Document, or any waiver on the part of any of the Secured Parties Collateral Agent of any provision or condition of this Agreement or any other Transaction Document, must be in writing and shall be effective only to the extent in such writing specifically set forth in such writingforth. All rights, powers, privileges and remedies, either under this Agreement or any other Loan Document or by law or otherwise afforded to any of the Secured PartiesCollateral Agent, shall be cumulative and not alternative and not exclusive of any other rights, powers, privileges and remedies that such Secured Parties the Collateral Agent may otherwise have.