Common use of Failure or Indulgence Not Waiver; Remedies Cumulative Clause in Contracts

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 71 contracts

Samples: Credit Agreement (Mosaic Co), Credit Agreement (Mosaic Co), Credit Agreement (Jones Financial Companies LLLP)

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Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an any Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 61 contracts

Samples: Credit Agreement (U.S. Silica Holdings, Inc.), Credit Agreement (U.S. Silica Holdings, Inc.), Credit Agreement (EngageSmart, LLC)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 21 contracts

Samples: Senior Pik Credit Agreement (IntraLinks Holdings, Inc.), Credit Agreement (Behringer Harvard Opportunity REIT I, Inc.), Credit Agreement (Sunrise Medical Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an the Agent or any Lender or any holder of any Note in the exercise of any power, right or privilege hereunder hereunder, under a Guarantee or under any other Loan Document the Notes shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and Agreement, under a Guarantee or the other Loan Documents Notes are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.

Appears in 7 contracts

Samples: Senior Bridge Loan Credit Agreement (Equinix Inc), Senior Secured Credit Agreement (Central European Media Enterprises LTD), Senior Subordinated Credit Agreement (Bio Rad Laboratories Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any the other Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and or the other Loan Documents are cumulative to, to and not exclusive of, any rights or remedies otherwise available.

Appears in 7 contracts

Samples: Credit Agreement (Owens-Illinois Group Inc), Secured Credit Agreement (Oi Levis Park STS Inc), Secured Credit Agreement (Owens Illinois Group Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an the Administrative Agent or any other Lender in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.

Appears in 6 contracts

Samples: Restructuring Support Agreement (Washington Prime Group, L.P.), Credit Agreement (Reckson Associates Realty Corp), Credit Agreement (Reckson Associates Realty Corp)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Agent or any the Lender in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.

Appears in 6 contracts

Samples: Credit Agreement (Trace International Holdings Inc), Term Loan Agreement (Kaynar Holdings Inc), Margin Loan Credit Agreement (Trace International Holdings Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.

Appears in 5 contracts

Samples: Revolving Credit Agreement (Arden Realty Inc), Term Loan Agreement (Arden Realty Limited Partnership), Revolving Credit Agreement (Arden Realty Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Administrative Agent, Collateral Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 4 contracts

Samples: Credit Agreement (Dominos Pizza Government Services Division Inc), Credit Agreement (Dominos Inc), Credit Agreement (Granite Broadcasting Corp)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an the Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.

Appears in 4 contracts

Samples: Credit Agreement (Dyncorp), Credit Facility Agreement (JPS Textile Group Inc /De/), Credit Agreement (American Classic Voyages Co)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Agent either Administrative Agent, any Lender or any Lender Issuing Bank in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.

Appears in 4 contracts

Samples: Credit Agreement (Foamex Capital Corp), Credit Agreement (Foamex Capital Corp), Credit Agreement (Foamex Capital Corp)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Agent any Bank or lender of any Lender Loan in the exercise of any power, right or privilege hereunder or under any other Loan Document the Loans shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and or the other Loan Documents Loans are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.

Appears in 3 contracts

Samples: Credit Agreement (Textron Inc), Credit Agreement (Textron Inc), 364 Day Credit Agreement (Textron Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an any Agent or any Lender in the exercise of any power, right or privilege hereunder under this Agreement, the Notes or under any of the other Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement Agreement, the Notes and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.

Appears in 3 contracts

Samples: Credit Agreement (General Inspection Laboratories Inc), Credit Agreement (General Inspection Laboratories Inc), Credit Agreement (Stellex Industries Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No Except as otherwise expressly provided in this Agreement or any other Loan Document, no failure or delay on the part of an Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, therein nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.

Appears in 3 contracts

Samples: Credit Agreement (Manufactured Home Communities Inc), Term Loan Agreement (Manufactured Home Communities Inc), Term Loan Credit Agreement (Manufactured Home Communities Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an the Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder under this Agreement, the Notes or under any of the other Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement Agreement, the Notes and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.

Appears in 3 contracts

Samples: Credit Agreement (Watson Pharmaceuticals Inc), Credit Agreement (Watson Pharmaceuticals Inc), Credit Agreement (Watson Pharmaceuticals Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.. 154

Appears in 2 contracts

Samples: Credit Agreement (Grand Canal Shops Mall Construction LLC), Credit Agreement (CFP Holdings Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Agent Agents or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 2 contracts

Samples: Credit Agreement (Clark Refining & Marketing Inc), Credit Agreement (Clark Refining & Marketing Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 2 contracts

Samples: Senior Subordinated Loan Agreement (Falcon Financial Investment Trust), Convertible Term Loan Agreement (Banyan Strategic Realty Trust)

Failure or Indulgence Not Waiver; Remedies Cumulative. No ----------------------------------------------------- failure or delay on the part of an Agent any Agent, any Lender or any Lender Issuing Bank in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.

Appears in 2 contracts

Samples: Credit Agreement (International Technology Corp), Credit Agreement (International Technology Corp)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Agent the Agent, any Lender or any Lender Issuing Bank in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude any other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.

Appears in 2 contracts

Samples: Credit Agreement (Freedom Chemical Co), Credit Agreement (Freedom Chemical Co)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Agent the Agent, any Lender or any Lender Issuing Bank in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, with and not exclusive of, of any rights or remedies otherwise available.

Appears in 2 contracts

Samples: Credit Agreement (Aviation Sales Co), Credit Agreement (Timco Aviation Services Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No ----------------------------------------------------- failure or delay on the part of an Agent the Administrative Agent, any other Lender or any Lender other Agent in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.

Appears in 2 contracts

Samples: Credit Agreement (Simon Property Group L P /De/), Credit Agreement (Simon Property Group L P /De/)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.. 144

Appears in 2 contracts

Samples: Credit Agreement (Mitel Corp), Credit Agreement (Anthony Crane Holdings Capital Corp)

Failure or Indulgence Not Waiver; Remedies Cumulative. No ----------------------------------------------------- failure or delay on the part of an the Administrative Agent or any other Lender in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.

Appears in 1 contract

Samples: Credit Agreement (Reckson Associates Realty Corp)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an any Agent or any Term Loan Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Credit Agreement (Switch & Data, Inc.)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default Event of Default or Unmatured Event of Default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Credit Agreement (Paragon Group Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Agent the Payment and Disbursement Agent, any other Lender or any Lender other Agent in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.

Appears in 1 contract

Samples: Credit Agreement (Simon Property Group L P /De/)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an any Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.. 140

Appears in 1 contract

Samples: Credit Agreement (Arterial Vascular Engineering Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Agent the Collateral Agent, any Lender or any Lender Issuing Bank in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.

Appears in 1 contract

Samples: Credit Agreement (Fairchild Corp)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an the Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude any other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.

Appears in 1 contract

Samples: Term Loan Agreement (Reckson Associates Realty Corp)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude any other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Revolving Line of Credit Agreement (Hawaiian Telcom Holdco, Inc.)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Collateral Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: General Security Agreement (Ultralife Batteries Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be 101 109 construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.

Appears in 1 contract

Samples: Credit Agreement (Pacific Gulf Properties Inc)

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Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Agent or the Administrative Agent, any other Lender in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.

Appears in 1 contract

Samples: Credit Agreement (SPG Realty Consultants Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Agent any Agent, any Holder or any Lender Holder in the exercise of any power, right or privilege hereunder or under any other Loan Document Note shall impair such power, right or privilege or be construed to be a waiver of any default Default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and or the other Loan Documents Note are cumulative to, to and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Note Purchase Agreement (Vacasa, Inc.)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Agent the Agent, any Lender or any Lender Issuing Bank in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilegeprivi lege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.

Appears in 1 contract

Samples: Credit Agreement (Muehlstein Holding Corp)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Agent the Payment and Disbursement Agent, any other Lender or any Lender other Co-Agent in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.

Appears in 1 contract

Samples: Credit Agreement (Simon Debartolo Group Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Agent or any the Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Credit Agreement (Smartalk Teleservices Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an the Collateral Agent or any Lender or any holder of any Note in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the or any other Loan Documents Document are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.

Appears in 1 contract

Samples: Loan Agreement (Elgar Holdings Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege 178 preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Credit Agreement (Goss Graphic Systems Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Agent the Agent, the Issuing Bank or any Lender in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude any other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.

Appears in 1 contract

Samples: Credit Agreement (Anntaylor Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an the Agent or any Lender Purchaser in the exercise of any power, right or privilege hereunder or under any other Loan Document the Securities shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and or the other Loan Documents Securities are cumulative to, to and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Core-Mark Holding Company, Inc.)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or -107- 114 acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.

Appears in 1 contract

Samples: Revolving Credit Agreement (Price Enterprises Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.. 153

Appears in 1 contract

Samples: Credit Agreement (Isle of Capri Casinos Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.. Marshalling;

Appears in 1 contract

Samples: Revolving Credit Agreement (United Artists Theatre Circuit Inc /Md/)

Failure or Indulgence Not Waiver; Remedies Cumulative. No ----------------------------------------------------- failure or delay on the part of an Agent the Agent, any Lender or any Lender Issuing Bank in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (American Eco Corp)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an the Agent or any other Lender in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.

Appears in 1 contract

Samples: Revolving Credit Agreement (Prometheus Senior Quarters LLC)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, 81 -75- right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Credit Agreement (Atlas Air Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an any Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude any other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Credit Agreement (Autotote Corp)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.. 148

Appears in 1 contract

Samples: Credit Agreement (DMW Worldwide Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Agent Agent, any Lender or any Designated Bid Lender in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.

Appears in 1 contract

Samples: Credit Agreement (Spieker Properties Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Agent Senior Agent, or any Senior Lender or Subordinated Creditor in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Security Agreement (Recoton Corp)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.. 101 109

Appears in 1 contract

Samples: Credit Agreement (Atlas Air Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of an Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Security Agreement (Cherokee International Corp)

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