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 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 (R&b Falcon Corp), Senior Secured Loan Agreement (RBF Finance Co)

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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 18 contracts

Samples: Loan Agreement (BrightSource Energy Inc), Loan Agreement (KBS Real Estate Investment Trust II, 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.), Note Purchase 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 in the exercise of any power, right or privilege hereunder or under the Note or 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 right, power or privilege. All rights and remedies existing under this Loan Agreement, the Notes or any Note and the other Loan Document Documents are cumulative to to, and not exclusive of of, any rights or remedies otherwise available.

Appears in 8 contracts

Samples: Loan and Security Agreement (Lightstone Value Plus Real Estate Investment Trust, Inc.), Loan and Security Agreement (Lightstone Value Plus Real Estate Investment Trust, Inc.), Loan Agreement (Investors Real Estate Trust)

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 (Banque Paribas), Warrant Agreement (Exeter Capital Partners IV, L.P.), Warrant Agreement (Video Update 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 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 the any Lender or the any holder of the Notes or the Trustee a Note in the exercise of any power, right or privilege hereunder or under a 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 a Note are cumulative to and not exclusive of of, any rights or remedies otherwise available.

Appears in 3 contracts

Samples: Senior Credit Agreement (Digital Brands Group, Inc.), Senior Credit Agreement (Hylete), Senior Credit Agreement (Denim LA, Inc.)

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 any Bank 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 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: 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 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 Transaction 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 Transaction Documents are cumulative to to, and not exclusive of of, any rights or remedies otherwise available.

Appears in 2 contracts

Samples: Note and Warrant Purchase Agreement (Ladish Co Inc), Securities Purchase Agreement (Affiliated Managers Group 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 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: Loan Agreement (Invuity, Inc.), Pledge Agreement (Viewcast Com Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Lender or the any holder of the any 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 Credit Agreement (Cb Commercial Real Estate Services Group Inc), Senior Subordinated Credit Agreement (Cb Commercial Holdings 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 Lenders 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

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 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: Loan and Security Agreement (Imc Mortgage Co)

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 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 to, and not exclusive of of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Term Loan 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 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

Samples: Stock Pledge Agreement (Alzamend Neuro, Inc.)

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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 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 right, power or privilege. All rights and remedies existing under this Agreement, Agreement or the Notes or any other Loan Document Securities are cumulative to and not exclusive of of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Senior Subordinated Loan Agreement (Symmetry Medical Inc.)

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 any other 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, 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

Samples: Credit Agreement (Courtside Acquisition Corp)

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 Loan 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 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 Agreement are cumulative to and not exclusive of of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Credit Agreement (Burlington Industries Inc /De/)

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

Samples: Senior Subordinated Loan Agreement (SMTC 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 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 Agreement are cumulative to to, and not exclusive of of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Intercreditor Agreement (Palm Harbor Homes Inc /Fl/)

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 1 contract

Samples: Note Purchase Agreement (Zhang Liang)

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

Samples: Note Purchase Agreement (Alarmguard Holdings Inc)

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 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 right, power or privilege. All rights and remedies existing under this Agreement, Agreement or the Notes or any other Loan Document Loans are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 1 contract

Samples: 364 Day Term Loan Credit Agreement (Textron 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 right, or privilege preclude any other or further exercise thereof or of any other power, right, power 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

Samples: Pledge and Security Agreement (GTJ REIT, Inc.)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the any Lender or the holder 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 Note are cumulative to and not exclusive of of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Third Secured Term Loan Agreement (MSX International 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 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 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, the Notes or any other Loan Document the Letters of Credit are cumulative to to, and not exclusive of of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Credit Agreement (Borg Warner Security Corp)

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