Common use of Delay and Waiver Clause in Contracts

Delay and Waiver. No delay or omission in exercising, and no course of dealing with respect to, any right, power, privilege or remedy under this Guaranty 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 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 therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the 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 Guaranty or any other Loan Document, or any waiver on the part of any of the Credit Parties of any provision or condition of this Guaranty, must be in writing and shall be effective only to the extent in such writing specifically set forth.

Appears in 7 contracts

Samples: Equity Funding Agreement, Equity Funding Agreement (BrightSource Energy Inc), Equity Funding Agreement (BrightSource Energy Inc)

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Delay and Waiver. No delay or omission in exercising, and no course of dealing with respect to, exercising any right, power, privilege or remedy under this Guaranty 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 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 therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the 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 Guaranty Common Agreement or any other Loan Document, or any waiver on the part of any of the Credit Parties of any provision or condition of this GuarantyCommon Agreement or any other Transaction Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. 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 Credit Parties, shall be cumulative and not alternative and not exclusive of any other rights, powers, privileges and remedies that such Credit Parties may otherwise have.

Appears in 4 contracts

Samples: Common Agreement (Beacon Power Corp), Common Agreement (Beacon Power Corp), Common Agreement (First Wind Holdings Inc.)

Delay and Waiver. No delay or omission in exercising, and no course of dealing with respect to, exercising any right, power, privilege or remedy under this Guaranty 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 Credit 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 therefore theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Credit 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 Guaranty Agreement or any other Loan Document, or any waiver on the part of any of the Credit Secured Parties of any provision or condition of this GuarantyAgreement or any other Transaction Document, must be in writing and shall be effective only to the extent specifically set forth in such writing specifically set forthwriting. 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.

Appears in 4 contracts

Samples: Loan Guarantee Agreement (Georgia Power Co), Loan Guarantee Agreement (Oglethorpe Power Corp), Loan Guarantee Agreement (Georgia Power Co)

Delay and Waiver. No delay or omission in exercising, and no course of dealing with respect to, exercising any right, power, privilege or remedy under this Guaranty 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 Credit Collateral Trustee 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 therefore or thereafter occurring. Any waiverAll rights, permitpowers, consent or approval of any kind or character on the part of any of the Credit Parties of any rightprivileges and remedies, 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 either under this Guaranty Agreement or any other Loan Document, Document or any waiver on the part of by law or otherwise afforded to any of the Credit Parties Collateral Trustee or the other Secured Parties, shall be cumulative and not alternative and not exclusive of any provision other rights, powers, privileges and remedies that any of the Collateral Trustee or condition of this Guaranty, must be in writing and shall be effective only to the extent in such writing specifically set forthother Secured Parties may otherwise have.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Tesla Motors Inc), Loan Arrangement and Reimbursement Agreement (Tesla Motors Inc)

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Delay and Waiver. No delay or omission in exercising, and no course of dealing with respect to, exercising any right, power, privilege or remedy under this Guaranty 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 Credit 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 therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Credit 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 Guaranty Loan Guarantee Agreement or any other Loan Financing Document, or any waiver on the part of any of the Credit Parties by DOE of any provision or condition of this GuarantyLoan 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. All rights, powers, privileges and remedies, either under this Loan Guarantee Agreement or any other Financing Document or by law or otherwise afforded to DOE, shall be cumulative and not alternative and not exclusive of any other rights, powers, privileges and remedies that DOE may otherwise have.

Appears in 1 contract

Samples: Loan Guarantee Agreement (NRG Yieldco, Inc.)

Delay and Waiver. No delay or omission in exercising, and no course of dealing with respect to, exercising any right, power, privilege or remedy under this Guaranty 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 Credit 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 therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Credit 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 Guaranty Agreement or any other Loan Document, or any waiver on the part of any of the Credit Parties Collateral Agent of any provision or condition of this GuarantyAgreement or any other Transaction Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All rights, powers, privileges and remedies, either under this Agreement or any other Loan Document or by law or otherwise afforded to the Collateral Agent, shall be cumulative and not alternative and not exclusive of any other rights, powers, privileges and remedies that the Collateral Agent may otherwise have.

Appears in 1 contract

Samples: Equity Pledge Agreement (Us Geothermal Inc)

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