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 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.

Appears in 75 contracts

Samples: Credit Agreement (Express Scripts Holding Co.), Credit Agreement (Unified Grocers, Inc.), Credit Agreement (Express Scripts Holding Co.)

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Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent 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 18 contracts

Samples: Revolving Credit and Term Loan Agreement (Washington Prime Group, L.P.), Senior Secured Term Loan Agreement (Washington Prime Group, L.P.), Term Loan Agreement (Washington Prime Group, L.P.)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the 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.

Appears in 17 contracts

Samples: Credit Agreement (Taylor Morrison Home Corp), Credit Agreement (Taylor Morrison Home Corp), 364 Day Credit Agreement (Taylor Morrison Home Corp)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of 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 12 contracts

Samples: Credit Agreement (CPG Partners Lp), Term Loan Agreement (Chelsea Property Group Inc), Credit Agreement (Chelsea Property Group Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent 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 5 contracts

Samples: Credit Agreement (Nacco Industries Inc), Credit Agreement (Nacco Industries Inc), Credit Agreement (Foamex Capital Corp)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or 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 3 contracts

Samples: Credit Agreement (Anthony Crane Rental Lp), Credit Agreement (Anthony Crane Rental Holdings Lp), Revolving Credit Agreement (Anthony Crane Holdings Capital Corp)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender in the exercise of any power, right right, or privilege hereunder or under any other Loan Document shall impair such power, right 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 right, or privilege preclude other or further exercise thereof or of any other power, right 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 3 contracts

Samples: Credit Agreement (Trammell Crow Co), Credit Agreement (Trammell Crow Co), Credit Agreement (Trammell Crow Co)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of 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.

Appears in 2 contracts

Samples: Credit Agreement (Dole Food Company Inc), Credit Agreement (Dole Food Company Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or Agent, any Lender or the 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 (NMHG Holding Co), Credit Agreement (Barneys New York Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of 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.. 115

Appears in 2 contracts

Samples: Credit Agreement (Danielson Holding Corp), Credit Agreement (Covanta Energy Corp)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative 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 190 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 and Guaranty Agreement (Lincoln Electric Holdings Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Term 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 Term Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Term Loan Agreement (Loews Cineplex Entertainment Corp)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of 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 133 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 (Grand Palais Riverboat Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Revolving 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 Revolving Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Revolving Loan Credit Agreement (JCS Realty Corp)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative 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 100 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 (Beasley Broadcast Group Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of 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.. 127

Appears in 1 contract

Samples: Credit Agreement (Wj Communications Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of 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 113 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 (Prime Hospitality Corp)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative 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 Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Revolving 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 Revolving Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.. 154

Appears in 1 contract

Samples: Revolving Loan Credit Agreement (Amscan Holdings Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent Agent, L/C Issuer 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 1 contract

Samples: Credit Agreement (Boyds Collection LTD)

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Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative 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.. 129

Appears in 1 contract

Samples: Credit Agreement (Decrane Holdings Co)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such -116- 124 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 (Zilog Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent Agent, either CoAgent 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 (Insilco Corp/De/)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative 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.. 116

Appears in 1 contract

Samples: Credit Agreement (Itron Inc /Wa/)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of 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 1 contract

Samples: Credit Agreement (Granite Broadcasting Corp)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of 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 128 136 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 (FWT Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender Agent, for the benefit of the Secured Parties, in the exercise of any power, right right, or privilege hereunder or under any other Loan Document shall impair such power, right 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 right, or privilege preclude any other or further exercise thereof or of any other power, right 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: Pledge Agreement (American Realty Capital Properties, Inc.)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative 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.. 127

Appears in 1 contract

Samples: Credit Agreement (Audio International Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative 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.. 136

Appears in 1 contract

Samples: Credit Agreement (LTM Holdings Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of 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.. 161

Appears in 1 contract

Samples: Multicurrency Credit Agreement (Goss Holdings Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent Agent, any 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 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 (Anixter International Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative any Agent or any Lender in the exercise of any power, right right, or privilege hereunder or under any other Loan Document shall impair such power, right 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 right, or privilege preclude other or further exercise thereof or of any other power, right 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 (Trammell Crow Co)

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