Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Lender or the holder of the Notes or the Trustee in the exercise of any 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 right, power or privilege. All rights and remedies existing under this Agreement, the Notes or any other Loan Document are cumulative to and not exclusive of any rights or remedies otherwise available.
Appears in 20 contracts
Samples: Senior Secured Loan Agreement (R&b Falcon Corp), Senior Secured Loan Agreement (RBF Finance Co), Senior Secured Loan Agreement (RBF Finance Co)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Lender or the holder of the Notes or the Trustee in the exercise of any power, right or privilege under any of the Loan 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 right, power or privilege. All rights and remedies existing under this Agreement, the Notes or any other Loan Document Documents are cumulative to and not exclusive of any rights or remedies otherwise available.
Appears in 17 contracts
Samples: Loan Agreement (BrightSource Energy Inc), Loan Agreement (KBS Real Estate Investment Trust, Inc.), Loan Agreement (KBS Real Estate Investment Trust, Inc.)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Lender any Holder or the holder of the Notes or the Trustee Collateral Agent in the exercise of any power, right or privilege hereunder or under any 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 right, power or privilege. All rights and remedies existing under this Agreement, Agreement and the Notes or any other Loan Document Note Documents are cumulative to and not exclusive of of, any rights or remedies otherwise available.
Appears in 11 contracts
Samples: Note Purchase Agreement (Cubic Energy Inc), Purchase Agreement (NextWave Wireless Inc.), Exchange Agreement (NextWave Wireless Inc.)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Lender or the holder of the Notes or the Trustee any Holder in the exercise of any power, right or privilege hereunder or under any other Warrant 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 rightpower, power right or privilege. All rights and remedies existing under this Agreement, Agreement and the Notes or any other Loan Document Warrant Documents are cumulative to to, and not exclusive of of, any rights or remedies otherwise available.
Appears in 8 contracts
Samples: Warrant Agreement (Consolidated Delivery & Logistics Inc), Warrant Agreement (Thane International Inc), Warrant Agreement (Video Update Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Lender or the holder of the Notes or the Trustee in the exercise of any power, right or privilege under any of the Loan 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 right, power or privilege. All rights and remedies existing under this Agreement, the Notes or any other Loan Document Documents are cumulative to and not exclusive of any rights or remedies otherwise available.
Appears in 6 contracts
Samples: Credit Agreement (Muehlstein Holding Corp), Term Loan Agreement (Kaynar Holdings Inc), Credit Agreement (Muehlstein Holding Corp)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Lender or the holder of the Notes or the Trustee 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 rightpower, power right or privilege. All rights and remedies existing under this Agreement, Agreement and the Notes or any other Loan Document Documents are cumulative to to, and not exclusive of of, any rights or remedies otherwise available.
Appears in 6 contracts
Samples: Junior Subordinated Loan Agreement (Falcon Financial Investment Trust), Credit Agreement (Viasource Communications Inc), Convertible Note Agreement (SFX Broadcasting Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Lender or the any holder of the Notes or the Trustee any Note in the exercise of any power, right or privilege hereunder or under 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 right, power or privilege. All rights and remedies existing under this Agreement, Agreement and the Notes or any other Loan Document are cumulative to to, and not exclusive of of, any rights or remedies otherwise available.
Appears in 6 contracts
Samples: Collateral Loan Agreement, Collateral Loan Agreement (CNL Lifestyle Properties Inc), Collateral Loan Agreement (Strategic Storage Trust, Inc.)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Lender or the holder of the Notes or the Trustee Noteholder in the exercise of any power, right or privilege hereunder or under this Note 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 right, power or privilege. All rights and remedies existing under this Agreement, the Notes or any other Loan Document Note are cumulative to and not exclusive of of, any rights or remedies otherwise available.
Appears in 4 contracts
Samples: Credit Agreement (Sprague Resources LP), Credit Agreement (Sprague Resources LP), Credit Agreement (Sprague Resources LP)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Agent or any Lender or the holder of the Notes or the Trustee in the exercise of any power, right or privilege under any of the Loan 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 right, power or privilege. All rights and remedies existing under this Agreement, the Notes or any other Loan Document Documents are cumulative to and not exclusive of any rights or remedies otherwise available.
Appears in 4 contracts
Samples: Credit Facility Agreement (JPS Textile Group Inc /De/), Credit Agreement (Dyncorp), Credit Agreement (Dyncorp)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the any Lender or the any holder of the Notes or the Trustee any Note in the exercise of any power, right or privilege hereunder or under the Note 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 right, power or privilege. All rights and remedies existing under this Agreement, Agreement or the Notes or any other Loan Document Note are cumulative to and not exclusive of of, any rights or remedies otherwise available.
Appears in 3 contracts
Samples: Secured Term Loan Agreement (MSX International Inc), Senior Subordinated Credit Agreement (Gerber Childrenswear Inc), Subordinated Credit Agreement (Lower Road Associates LLC)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any Lender, the Lender Administrative Agent or the any holder of the Notes or the Trustee any Note in the exercise of any power, right or privilege hereunder or under any Note 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 right, power or privilege. All rights and remedies existing under this Agreement, the Notes Agreement or any other Loan Document Notes are cumulative to and not exclusive of of, any rights or remedies otherwise available.
Appears in 3 contracts
Samples: Credit Agreement (Mattel Inc /De/), Credit Agreement (Mattel Inc /De/), Credit Agreement (Mattel Inc /De/)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Lender or the holder of the Notes or the Trustee in the exercise of any power, right or privilege hereunder or under 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 right, power or privilege. All rights and remedies existing under this Agreement, Agreement or the Notes or any other Loan Document are cumulative to and not exclusive of of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Senior Subordinated Loan Agreement (GTCR Fund Vii Lp), Junior Subordinated Loan Agreement (U S Aggregates Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Lender or the holder of the Notes or the Trustee in the exercise of any power, right or privilege hereunder 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 rightpower, power right or privilege. All rights and remedies existing under this Agreement, the Notes or any other Loan Document Agreement are cumulative to to, and not exclusive of of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Security Agreement (Invuity, Inc.), Pledge Agreement (Viewcast Com Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the any Lender or the any holder of the Notes or the Trustee any Note in the exercise of any power, right or privilege hereunder or under 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 right, power or privilege. All rights and remedies existing under this Agreement, Agreement or the Notes or any other Loan Document are cumulative to to, and not exclusive of of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Possession Credit Agreement (Wherehouse Entertainment Inc), Credit Agreement (Blue Bird Corp)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the any Lender or the holder of the Notes or the Trustee in the exercise of any power, right or privilege hereunder or under the Notes shall impair such power, right or privilege or be construed to be a waiver of any 25- 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 right, power or privilege. All rights and remedies existing under this Agreement, Agreement or the Notes or any other Loan Document are cumulative to and not exclusive of of, any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Lender or the holder of the Notes or the Trustee in the exercise of any power, right or privilege hereunder or under the Note 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 right, power or privilege. All rights and remedies existing under this Agreement, Agreement or the Notes or any other Loan Document Note are cumulative to and not exclusive of of, any rights or remedies otherwise available.
Appears in 1 contract
Samples: Senior Subordinated Loan Agreement (Synagro Technologies Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Lender or the holder of the Notes or the Trustee Beneficiary in the exercise of any power, right or privilege hereunder 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 rightpower, power right or privilege. All rights and remedies existing under this Agreement, the Notes or any other Loan Document Agreement are cumulative to to, and not exclusive of of, any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Lender or the holder of the Notes or the Trustee any Noteholder in the exercise of any power, right or privilege hereunder or under 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 right, power or privilege. All rights and remedies existing under this Agreement, Agreement or the Notes or any other Loan Document are cumulative to and not exclusive of of, any rights or remedies otherwise available.
Appears in 1 contract