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

DELAY NOT WAIVER; REMEDIES ARE CUMULATIVE. No failure on the part of Purchaser to exercise, and no delay by Purchaser in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by Purchaser 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 Purchaser 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 Purchaser to exercise any of its rights under any other related document. Purchaser may exercise at any time after the occurrence of an Event of Default one or more remedies permitted hereunder, as it so desires, and may thereafter at any time and from time to time exercise any other remedy or remedies permitted hereunder.

Appears in 15 contracts

Samples: Master Repurchase Agreement (Mr. Cooper Group Inc.), Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (UWM Holdings Corp)

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DELAY NOT WAIVER; REMEDIES ARE CUMULATIVE. No failure on the part of Purchaser Buyer to exercise, and no delay by Purchaser 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 Purchaser 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 Purchaser 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 Purchaser Buyer to exercise any of its rights under any other related document. Purchaser Buyer may exercise at any time after the occurrence of an Event of Default one or more remedies permitted hereunderremedies, as it so desires, and may thereafter at any time and from time to time exercise any other remedy or remedies permitted hereunderremedies. An Event of Default will be deemed to be continuing unless expressly waived by Buyer in writing.

Appears in 7 contracts

Samples: Master Repurchase Agreement (Rocket Companies, Inc.), Master Repurchase Agreement (Rocket Companies, Inc.), Master Repurchase Agreement (Rocket Companies, Inc.)

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

Appears in 2 contracts

Samples: Master Repurchase Agreement (PHH Corp), Master Repurchase Agreement (PHH Corp)

DELAY NOT WAIVER; REMEDIES ARE CUMULATIVE. No failure on the part of Purchaser to exercise, and no delay by Purchaser in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by Purchaser 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 Purchaser 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 Purchaser to exercise any of its rights under any other related document. Purchaser may exercise at any time after the occurrence and during the continuation of an Event of Default one or more remedies permitted hereunder, as it so desires, and may thereafter at any time and from time to time exercise any other remedy or remedies permitted hereunder.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Home Point Capital Inc.), Master Repurchase Agreement (Home Point Capital Inc.)

DELAY NOT WAIVER; REMEDIES ARE CUMULATIVE. No failure on the part of Purchaser Purchasers to exercise, and no delay by Purchaser Purchasers in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by Purchaser Purchasers 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 Purchaser Purchasers 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 Purchaser Purchasers to exercise any of its their rights under any other related document. Either Purchaser may exercise at any time after the occurrence of an Event of Default one or more remedies permitted hereunder, as it so desires, and may thereafter at any time and from time to time exercise any other remedy or remedies permitted hereunder.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Nationstar Mortgage Holdings Inc.), Master Repurchase Agreement (Nationstar Mortgage Holdings Inc.)

DELAY NOT WAIVER; REMEDIES ARE CUMULATIVE. No failure on the part of Purchaser to exercise, and no delay by Purchaser in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by Purchaser 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 Purchaser 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 Purchaser to exercise any of its rights under any other related document. The Purchaser may exercise at any time after the occurrence of an Event of Default one or more remedies permitted hereunder, as it so desires, and may thereafter at any time and from time to time exercise any other remedy or remedies permitted hereunder.

Appears in 2 contracts

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

DELAY NOT WAIVER; REMEDIES ARE CUMULATIVE. No failure on the part of Purchaser the Buyer to exercise, and no delay by Purchaser 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 Purchaser the Buyer of any right, power or remedy hereunder under any Repurchase Document preclude any other or further exercise thereof or the exercise of any other right, power or remedy. All rights and remedies of Purchaser the Buyer provided for herein are cumulative and in addition to any and all other rights and remedies provided by law, the Program Repurchase Documents and the other instruments and agreements contemplated hereby and thereby, and are not conditional or contingent on any attempt by Purchaser the Buyer to exercise any of its rights under any other related document. Purchaser The Buyer may exercise at any time after the occurrence of an Event of Default one or more remedies permitted hereunderremedies, as it they so desiresdesire, and may thereafter at any time and from time to time exercise any other remedy or remedies permitted hereunderremedies.

Appears in 2 contracts

Samples: Master Repurchase Agreement (PennyMac Mortgage Investment Trust), Master Repurchase Agreement (Pennymac Financial Services, Inc.)

DELAY NOT WAIVER; REMEDIES ARE CUMULATIVE. No failure on the part of Purchaser to exercise, and no delay by Purchaser in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by Purchaser 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 Purchaser 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 Purchaser to exercise any of its their rights under any other related document. Purchaser may exercise at any time after the occurrence of an Event of Default one or more remedies permitted hereunder, as it so desires, and may thereafter at any time and from time to time exercise any other remedy or remedies permitted hereunder.

Appears in 1 contract

Samples: Master Repurchase Agreement (Home Loan Servicing Solutions, Ltd.)

DELAY NOT WAIVER; REMEDIES ARE CUMULATIVE. No failure on the part of Purchaser Buyer to exercise, and no delay by Purchaser in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by Purchaser 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 Subject to the limitations of Section 19(k) of this Agreement, all rights and remedies of Purchaser 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 Purchaser Buyer to exercise any of its rights under any other related document. Purchaser Buyer may exercise at any time after the occurrence of an Event of Default or an Event of Termination one or more remedies permitted hereunderremedies, as it so desires, and may thereafter at any time and from time to time exercise any other remedy or remedies permitted hereunderremedies.

Appears in 1 contract

Samples: Master Repurchase Agreement (Novastar Financial Inc)

DELAY NOT WAIVER; REMEDIES ARE CUMULATIVE. No failure on the part of Purchaser Agent to exercise, and no delay by Purchaser Agent in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by Purchaser 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 Purchaser 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 Purchaser Agent to exercise any of its rights under any other related document. Purchaser Agent may exercise at any time after the occurrence of an Event of Default one or more remedies permitted hereunder, as it so desires, and may thereafter at any time and from time to time exercise any other remedy or remedies permitted hereunder.

Appears in 1 contract

Samples: Master Repurchase Agreement (DITECH HOLDING Corp)

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DELAY NOT WAIVER; REMEDIES ARE CUMULATIVE. No failure on the part of Purchaser Buyer or Agent to exercise, and no delay by Purchaser 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 Purchaser 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 Purchaser Buyer or 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 Purchaser Buyer or Agent to exercise any of its rights under any other related document. Purchaser Buyer and Agent may exercise at any time after the occurrence of an Event of Default one or more remedies permitted hereunderremedies, as it so desires, and may thereafter at any time and from time to time exercise any other remedy or remedies permitted hereunderremedies. An Event of Default will be deemed to be continuing unless expressly waived by Buyer (or Agent on behalf of Buyer) in writing.

Appears in 1 contract

Samples: Master Repurchase Agreement (Rocket Companies, Inc.)

DELAY NOT WAIVER; REMEDIES ARE CUMULATIVE. No failure on the part of Purchaser the Buyers to exercise, and no delay by Purchaser in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by Purchaser the 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 Subject to the limitations set forth in Section 19(k), all rights and remedies of Purchaser 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 Purchaser the Buyers to exercise any of its their rights under any other related document. Purchaser The Buyers may exercise at any time after the occurrence of an Event of Default or an Event of Termination one or more remedies permitted hereunderremedies, as it they so desiresdesire, and may thereafter at any time and from time to time exercise any other remedy or remedies permitted hereunderremedies.

Appears in 1 contract

Samples: Master Repurchase Agreement (Novastar Financial Inc)

DELAY NOT WAIVER; REMEDIES ARE CUMULATIVE. No failure on the part of Purchaser Buyer to exercise, and no delay by Purchaser 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 Purchaser 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 Purchaser 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 Purchaser Buyer to exercise any of its rights under any other related document. Purchaser Buyer may exercise at any time after the occurrence of an Event of Default one or more remedies permitted hereunderremedies, as it so desires, and may thereafter at any time and from time to time exercise any other remedy or remedies permitted hereunderremedies. An Event of Default will be deemed to be continuing unless expressly waived by Xxxxx in writing.

Appears in 1 contract

Samples: Master Repurchase Agreement (Rocket Companies, Inc.)

DELAY NOT WAIVER; REMEDIES ARE CUMULATIVE. No failure on the part of Purchaser Buyer to exercise, and no delay by Purchaser 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 Purchaser 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 Purchaser 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 Purchaser Buyer to exercise any of its rights under any other related document. Purchaser Buyer may exercise at any time after the occurrence of an Event of Default one or more remedies permitted hereunderremedies, as it so desires, and may thereafter at any time and from time to time exercise any other remedy or remedies permitted hereunderremedies.

Appears in 1 contract

Samples: Master Repurchase Agreement (UWM Holdings Corp)

DELAY NOT WAIVER; REMEDIES ARE CUMULATIVE. No failure on the part of Purchaser the Agent or any Buyer to exercise, and no delay by Purchaser in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by Purchaser the Agent or 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 Purchaser the Agent and 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 Purchaser the Agent or any Buyer to exercise any of its rights under any other related document. Purchaser The Agent and any Buyer may exercise at any time after the occurrence of an Event of Default one or more remedies permitted hereunderremedies, as it so desires, and may thereafter at any time and from time to time exercise any other remedy or remedies permitted hereunderremedies.

Appears in 1 contract

Samples: Master Repurchase Agreement (Spirit Finance Corp)

DELAY NOT WAIVER; REMEDIES ARE CUMULATIVE. No failure on the part of Purchaser Purchasers to exercise, and no delay by Purchaser Purchasers in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by Purchaser Purchasers 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 Purchaser Purchasers 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 Purchaser Purchasers to exercise any of its their rights under any other related document. Purchaser Purchasers may exercise at any time after the occurrence of an Event of Default one or more remedies permitted hereunder, as it so desires, and may thereafter at any time and from time to time exercise any other remedy or remedies permitted hereunder.

Appears in 1 contract

Samples: Master Repurchase Agreement (Caliber Home Loans, Inc.)

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