Common use of DELAY NOT WAIVER; REMEDIES ARE CUMULATIVE Clause in Contracts

DELAY NOT WAIVER; REMEDIES ARE CUMULATIVE. No failure on the part of Buyer to exercise, and no delay in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by Buyer of any right, power or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy. All rights and remedies of Buyer provided for herein are cumulative and in addition to any and all other rights and remedies provided by law, the Program Documents and the other instruments and agreements contemplated hereby and thereby, and are not conditional or contingent on any attempt by Buyer to exercise any of its rights under any other related document. Buyer may exercise at any time after the occurrence of an Event of Default one or more remedies, as they so desire, and may thereafter at any time and from time to time exercise any other remedy or remedies.

Appears in 27 contracts

Samples: Master Repurchase Agreement (Ready Capital Corp), Master Repurchase Agreement (Caliber Home Loans, Inc.), Master Repurchase Agreement (Velocity Financial, LLC)

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DELAY NOT WAIVER; REMEDIES ARE CUMULATIVE. No failure on the part of Buyer to exercise, and no delay in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by Buyer of any right, power or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy. All rights and remedies of Buyer provided for herein are cumulative and in addition to any and all other rights and remedies provided by law, the Program Documents and the other instruments and agreements contemplated hereby and thereby, and are not conditional or contingent on any attempt by Buyer to exercise any of its rights under any other related document. Buyer may exercise at any time after the occurrence of an Event of Default one or more remedies, as they it so desiredesires, and may thereafter at any time and from time to time exercise any other remedy or remedies.

Appears in 20 contracts

Samples: Master Repurchase Agreement (New Century Financial Corp), Repurchase Agreement (Spirit Finance Corp), Repurchase Agreement (Novastar Financial Inc)

DELAY NOT WAIVER; REMEDIES ARE CUMULATIVE. No failure on the part of Buyer to exercise, and no delay in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by Buyer of any right, power or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy. All rights and remedies of Buyer provided for herein are cumulative and in addition to any and all other rights and remedies provided by law, the Program Documents and the other instruments and agreements contemplated hereby and thereby, and are not conditional or contingent on any attempt by Buyer to exercise any of its rights under any other related document. Buyer may exercise at any time after the occurrence of an Event of Default that has not been waived by Buyer in its sole discretion in writing one or more remedies, as they so desire, and may thereafter at any time and from time to time exercise any other remedy or remedies.

Appears in 3 contracts

Samples: Custodial Agreement (Walter Investment Management Corp), Master Repurchase Agreement (Walter Investment Management Corp), Master Repurchase Agreement (Walter Investment Management Corp)

DELAY NOT WAIVER; REMEDIES ARE CUMULATIVE. No failure on the part of Buyer Buyers to exercise, and no delay in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by Buyer Buyers of any right, power or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy. All rights and remedies of Buyer Buyers provided for herein are cumulative and in addition to any and all other rights and remedies provided by law, the Program Documents and the other instruments and agreements contemplated hereby and thereby, and are not conditional or contingent on any attempt by Buyer Buyers to exercise any of its their rights under any other related document. Buyer Buyers may exercise at any time after the occurrence of an Event of Default one or more remedies, as they so desire, and may thereafter at any time and from time to time exercise any other remedy or remedies.

Appears in 3 contracts

Samples: Master Repurchase Agreement (ECC Capital CORP), Master Repurchase Agreement (New York Mortgage Trust Inc), Master Repurchase Agreement (Novastar Financial Inc)

DELAY NOT WAIVER; REMEDIES ARE CUMULATIVE. No failure on the part of the Buyer to exercise, and no delay in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by the Buyer of any right, power or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy. All rights and remedies of the Buyer provided for herein are cumulative and in addition to any and all other rights and remedies provided by law, the Program Documents and the other instruments and agreements contemplated hereby and thereby, and are not conditional or contingent on any attempt by the Buyer to exercise any of its rights under any other related document. The Buyer may exercise at any time after the occurrence occurrence, and during the continuance, of an Event of Default Default, one or more remedies, as they it so desiredesires, and may thereafter at any time and from time to time exercise any other remedy or remedies.

Appears in 2 contracts

Samples: Master Repurchase Agreement (American Business Financial Services Inc /De/), Master Repurchase Agreement (American Business Financial Services Inc /De/)

DELAY NOT WAIVER; REMEDIES ARE CUMULATIVE. No failure on the part of the Buyer to exercise, and no delay in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by the Buyer of any right, power or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy. All rights and remedies of the Buyer provided for herein are cumulative and in addition to any and all other rights and remedies provided by law, the Program Documents and the other instruments and agreements contemplated hereby and thereby, and are not conditional or contingent on any attempt by the Buyer to exercise any of its rights under any other related document. The Buyer may exercise at any time after the occurrence of an Event of Default one or more remedies, as they it so desiredesires, and may thereafter at any time and from time to time exercise any other remedy or remedies.

Appears in 2 contracts

Samples: Master Repurchase Agreement (New Century Financial Corp), Master Repurchase Agreement (New Century Financial Corp)

DELAY NOT WAIVER; REMEDIES ARE CUMULATIVE. No failure on the part of Buyer to exercise, and no delay in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by Buyer of any right, power or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy. All rights and remedies of Buyer provided for herein are cumulative and in addition to any and all other rights and remedies provided by law, the Program Documents Agreements and the other instruments and agreements contemplated hereby and thereby, and are not conditional or contingent on any attempt by Buyer to exercise any of its rights under any other related document. Buyer may exercise at any time after the occurrence of an a Servicer Termination Event of Default one or more remedies, as they so desire, and may thereafter at any time and from time to time exercise any other remedy or remedies.

Appears in 1 contract

Samples: Master Repurchase Agreement (Walter Investment Management Corp)

DELAY NOT WAIVER; REMEDIES ARE CUMULATIVE. No failure on the part of Buyer to exercise, and no delay in exercising, and no course of dealing with respect to, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by Buyer of any right, power or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy. All rights and remedies of Buyer provided for herein are cumulative and in addition to any and all other rights and remedies provided by law, the Program Documents and the other instruments and agreements contemplated hereby and thereby, and are not conditional or contingent on any attempt by Buyer to exercise any of its rights under any other related document. Buyer may exercise at any time after the occurrence of an Event of Default one or more remedies, as they it so desiredesires, and may thereafter at any time and from time to time exercise any other remedy or remedies.

Appears in 1 contract

Samples: Master Repurchase Agreement (UWM Holdings Corp)

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DELAY NOT WAIVER; REMEDIES ARE CUMULATIVE. No failure on the part of Buyer to exercise, and no delay in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by Buyer of any right, power or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy. All rights and remedies of Buyer provided for herein are cumulative and in addition to any and all other rights and remedies provided by law, the Program Documents and the other instruments and agreements contemplated hereby and thereby, and are not conditional or contingent on any attempt by Buyer to exercise any of its rights under any other related document. Buyer may exercise at any time after the occurrence of an Event of Default one or more remedies, as they Buyer so desiredesires, and may thereafter at any time and from time to time exercise any other remedy or remediesremedies afforded Buyer hereunder, under any Program Document or law.

Appears in 1 contract

Samples: Master Repurchase Agreement (Centex Land Vista Ridge Lewisville III General Partner, LLC)

DELAY NOT WAIVER; REMEDIES ARE CUMULATIVE. No failure on the part of any Buyer to exercise, and no delay in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by any Buyer of any right, power or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy. All rights and remedies of Buyer the Buyers provided for herein are cumulative and in addition to any and all other rights and remedies provided by law, the Program Documents and the other instruments and agreements contemplated hereby and thereby, and are not conditional or contingent on any attempt by Buyer to exercise any of its rights under any other related document. Each Buyer may exercise at any time after the occurrence of an Event of Default one or more remedies, as they it so desiredesires, and may thereafter at any time and from time to time exercise any other remedy or remedies.

Appears in 1 contract

Samples: Master Repurchase Agreement (Novastar Financial Inc)

DELAY NOT WAIVER; REMEDIES ARE CUMULATIVE. No failure on the part of Buyer Agent to exercise, and no delay by Agent in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by Buyer Agent of any right, power or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy. All rights and remedies of Buyer Agent provided for herein are cumulative and in addition to any and all other rights and remedies provided by law, the Program Documents and the other instruments and agreements contemplated hereby and thereby, and are not conditional or contingent on any attempt by Buyer Agent to exercise any of its rights under any other related document. Buyer Agent may exercise at any time after the occurrence of an Event of Default one or more remediesremedies permitted hereunder, as they it so desiredesires, and may thereafter at any time and from time to time exercise any other remedy or remediesremedies permitted hereunder.

Appears in 1 contract

Samples: Master Repurchase Agreement (DITECH HOLDING Corp)

DELAY NOT WAIVER; REMEDIES ARE CUMULATIVE. No failure on the part of the Buyer to exercise, and no delay in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by the Buyer of any right, power or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy. All rights and remedies of the Buyer provided for herein are cumulative and in addition to any and all other rights and remedies provided by law, the Program Documents and the other instruments and agreements contemplated hereby and thereby, and are not conditional or contingent on any attempt by the Buyer to exercise any of its rights under any other related document. The Buyer may exercise at any time after the occurrence of an Event of Default one or more remedies, as they so desire, and may thereafter at any time and from time to time exercise any other remedy or remedies.

Appears in 1 contract

Samples: Master Repurchase Agreement (New Century Financial Corp)

DELAY NOT WAIVER; REMEDIES ARE CUMULATIVE. No failure on the part of Buyer to exercise, and no delay in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by Buyer of any right, power or remedy hereunder preclude any other or further farther exercise thereof or the exercise of any other right, power or remedy. All rights and remedies of Buyer provided for herein are cumulative and in addition to any and all other rights and remedies provided by law, the Program Documents and the other instruments and agreements contemplated hereby and thereby, and are not conditional or contingent on any attempt by Buyer to exercise any of its rights under any other related document. Buyer may exercise at any time after the occurrence of an Event of Default one or more remedies, as they it so desiredesires, and may thereafter at any time and from time to time exercise any other remedy or remedies.

Appears in 1 contract

Samples: Master Repurchase Agreement (MortgageIT Holdings, Inc.)

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