Common use of Failure or Indulgence Not Waiver Clause in Contracts

Failure or Indulgence Not Waiver. No failure or delay on the part of Bank or any holder of notes issued hereunder, in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 or any note (s) issued in connection with a Loan that Bank may make hereunder, are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 8 contracts

Samples: Credit Agreement (Omp Inc), Credit Agreement (Motorvac Technologies Inc), Credit Agreement Exhibit 99 (Dense Pac Microsystems Inc)

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Failure or Indulgence Not Waiver. No failure or delay on the part of Bank or any holder of notes issued hereunder, in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 or any note (snote(s) issued in connection with a Loan that Bank may make hereunder, are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 7 contracts

Samples: Credit Agreement (Mp3 Com Inc), Credit Agreement (Tekelec), Credit Agreement (PDF Solutions Inc)

Failure or Indulgence Not Waiver. No failure or delay on the part of Bank or any holder of notes any note issued hereunderby Borrower to Bank, in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 or any note (s) issued in connection with a Loan loan that Bank may make hereunder, are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 6 contracts

Samples: Credit Agreement (Collateral Therapeutics Inc), Credit Terms and Conditions (Alpha Microsystems), Credit Agreement (Photomatrix Inc/ Ca)

Failure or Indulgence Not Waiver. No failure or delay on the part of your Bank or any holder of notes Notes issued hereunder, in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 or agreement of any note (s) issued in connection with a Loan loan that your Bank may make hereunder, are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 3 contracts

Samples: Terms and Agreement (National Insurance Group /Ca/), National Insurance Group /Ca/, National Insurance Group /Ca/

Failure or Indulgence Not Waiver. No failure or delay on the part of Bank or any holder of notes Note issued hereunder, in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 or any note (s) the Note issued in connection with a Loan the Indebtedness that Bank may make hereunder, are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 2 contracts

Samples: Credit Agreement (Earthshell Container Corp), Credit Agreement (Earthshell Container Corp)

Failure or Indulgence Not Waiver. No failure or delay on the part of Bank or any holder of notes issued hereunderBank, in the exercise of any power, right or privilege hereunder or under any Loan Document, shall operate as a waiver thereof, nor shall any single or partial exercise thereof or of any such powerother right, right power or privilege preclude other or further exercise thereof or of any other right, power or privilege. All rights and remedies existing under this Agreement or any note (s) issued in connection with a Loan that Bank may make hereunder, hereunder are cumulative to, and not exclusive of, any other rights or remedies otherwise availableprovided in any of the Loan Documents or at law or in equity.

Appears in 2 contracts

Samples: Loan Agreement (Rowecom Inc), Loan Agreement (Variagenics Inc)

Failure or Indulgence Not Waiver. No failure or delay on the part of Bank or any holder of notes Notes issued hereunder, in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 privilegethereof. All rights and remedies existing under this Agreement agreement or any note (s) not issued in connection with a Loan loan that Bank may make hereunder, are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 2 contracts

Samples: Security and Loan Agreement (Power Integrations Inc), Security and Loan Agreement (Power Integrations Inc)

Failure or Indulgence Not Waiver. No failure or delay on the part of Bank the Bank, or any holder of notes issued hereunder, the Note in the exercise of any power, right or privilege hereunder or under the Note shall operate as a waiver thereof, nor shall any and no single or partial exercise of any such power, right or privilege shall preclude other or further exercise thereof or of any other right, power or privilege. All rights and remedies existing under this Agreement or any note (s) issued in connection with a Loan that Bank may make hereunder, and the Note are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 2 contracts

Samples: Credit Agreement (Baker Hughes Inc), Credit Agreement (Baker Hughes Inc)

Failure or Indulgence Not Waiver. No failure or delay on the part of Bank or any holder of notes issued hereunder, in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 or any note (s) issued in connection with a Loan that Bank may make hereunder, are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 2 contracts

Samples: Credit Agreement (Main Street & Main Inc), Credit Agreement (Trega Biosciences Inc)

Failure or Indulgence Not Waiver. No failure or delay on the part of your Bank or any holder of notes issued or Notes Issued hereunder, in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 any note (s) not issued in connection with a Loan loan that your Bank may make hereunder, are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Security and Loan Agreement (Datametrics Corp)

Failure or Indulgence Not Waiver. No failure or delay on the part of Bank or any holder of notes issued hereunder, the Notes in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 or any note (s) issued in connection with a Loan that Bank may make hereunder, and the Notes are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Revolving Credit Agreement (Advanced Marketing Services Inc)

Failure or Indulgence Not Waiver. No failure or delay on the part of your Bank or any holder of notes Notes issued hereunder, in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 any note (s) issued in connection with a Loan loan that your Bank may make hereunder, are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Loan and Security Agreement (Lifeminders Com Inc)

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Failure or Indulgence Not Waiver. No failure or delay on the part of Bank or any holder of notes Notes issued hereunder, in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 any note (s) not issued in connection with a Loan loan that Bank may make hereunder, hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Security and Loan Agreement (Alpha Microsystems)

Failure or Indulgence Not Waiver. No failure or delay on the part of Bank or any holder of notes the Notes issued hereunder, in the exercise of any power, right or privilege hereunder or under any of the Loan Documents, shall operate as a waiver thereof, 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 or any note (s) issued in connection with a of the Loan that Bank may make hereunderDocuments, are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Loan Agreement (Premier Power Renewable Energy, Inc.)

Failure or Indulgence Not Waiver. No failure or delay on the part of your Bank or any holder of notes issued or Notes Issued hereunder, in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 any note (s) not issued in connection with a Loan loan that your Bank may make hereunder, are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Security and Loan Agreement (Microtel International Inc)

Failure or Indulgence Not Waiver. No failure or delay on the part of Bank or any holder of notes any note issued hereunderby Borrower to Bank, in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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. CREDIT AGREEMENT JUNE 17, 1998 All rights and remedies existing under this Agreement or any note (s) issued in connection with a Loan loan that Bank may make hereunder, are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Credit Agreement (Alliance Pharmaceutical Corp)

Failure or Indulgence Not Waiver. No failure or delay on the part of Bank or any holder of notes Notes issued hereunder, in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 or any note (s) issued in connection with a Loan loan that Bank may make hereunder, are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Credit Agreement (Tekelec)

Failure or Indulgence Not Waiver. No failure or delay on the part of your Bank or any holder of notes Notes issued hereunder, in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 any note (s) issued in connection with a Loan loan that your Bank may make hereunder, are cumulative to, and not exclusive of, any rights or remedies otherwise available. 2.

Appears in 1 contract

Samples: Active Power Inc

Failure or Indulgence Not Waiver. No failure or delay on the part of your Bank or any holder of notes Notes issued hereunder, in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 any note (s) issued in connection with a Loan loan that your Bank may make hereunder, are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Security and Loan Agreement (Silicon Laboratories Inc)

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