Common use of Failure or Indulgency Not Waiver Clause in Contracts

Failure or Indulgency Not Waiver. No failure or delay on the part of the Holder 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 privileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 26 contracts

Samples: Senior Subordinated Secured Convertible Note (Onstream Media CORP), Senior Subordinated Secured Convertible Note (Onstream Media CORP), Note Purchase Agreement (Onstream Media CORP)

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Failure or Indulgency Not Waiver. No failure or delay on the part of the Holder hereof 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 privilegesprivilege. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 16 contracts

Samples: Promissory Note (Gold Swap Inc), Promissory Note (Gold Swap Inc), Promissory Note (Gold Swap Inc)

Failure or Indulgency Not Waiver. No failure or delay on the part of the Holder 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 privileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise availableprivilege.

Appears in 14 contracts

Samples: Convertible Promissory Note Agreement (P Com Inc), Convertible Term Debenture (Fastcomm Communications Corp), Warrant Agreement (Fastcomm Communications Corp)

Failure or Indulgency Not Waiver. No failure or delay on the part of the any Holder 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 privileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise availableprivilege.

Appears in 10 contracts

Samples: Convertible Note Agreement (Merlin Software Technologies International Inc), Securities Purchase Agreement (Icc Technologies Inc), Convertible Note (Lumenon Innovative Lightwave Technology Inc)

Failure or Indulgency Not Waiver. No failure or delay on the part of the Holder hereof 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 the exercise of any other right, power or privilegesprivilege. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 9 contracts

Samples: Convertible Note (Nyiax, Inc.), Convertible Note (Nyiax, Inc.), Convertible Note (Nyiax, Inc.)

Failure or Indulgency Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right right, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or of privilege preclude other or further exercise thereof or of any other right, power or privilegesprivilege. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 8 contracts

Samples: Promissory Note (Apd Antiquities, Inc.), Promissory Note (Apd Antiquities, Inc.), Convertible Promissory Note (Apd Antiquities, Inc.)

Failure or Indulgency Not Waiver. No failure or delay on the part of the Holder 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 privilegesprivilege. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 5 contracts

Samples: Convertible Note (Skinny Nutritional Corp.), Convertible Note Purchase Agreement (NCT Group Inc), Note Consolidation Agreement (NCT Group Inc)

Failure or Indulgency Not Waiver. No failure or delay on the -------------------------------- part of the Holder 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 privileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 4 contracts

Samples: Note Purchase Agreement (U S Bioscience Inc), Note Purchase Agreement (Cephalon Inc), Senior Convertible Note (Napro Biotherapeutics Inc)

Failure or Indulgency Not Waiver. No failure or delay on the part of the Holder or the Company 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 privileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 2 contracts

Samples: Convertible Note (Insmed Inc), Convertible Note Agreement (Zix Corp)

Failure or Indulgency Not Waiver. No failure or delay on the part of the Holder Lender 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 privileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise availableprivilege.

Appears in 2 contracts

Samples: Secured Promissory Note (SPIRE Corp), Secured Promissory Note (SPIRE Corp)

Failure or Indulgency Not Waiver. No failure or delay on the part of the Holder hereof 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 the exercise of any other right, power power, or privilegesprivilege. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Convertible Note Agreement (BRB Foods Inc.)

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Failure or Indulgency Not Waiver. No failure or delay on the part of the Holder hereof 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 privilegesprivilege. All rights and remedies remedied existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Convertible Note (Omnicomm Systems Inc)

Failure or Indulgency Not Waiver. No failure or delay on the part of -------------------------------- the Holder 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 privileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise availableprivilege.

Appears in 1 contract

Samples: Convertible Term Debenture (Knickerbocker L L Co Inc)

Failure or Indulgency Not Waiver. No failure or delay on --------------------------------- the part of the Holder 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 privileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Note Purchase Agreement (Dwango North America Corp)

Failure or Indulgency Not Waiver. No failure or delay on the part of the Holder hereof 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 privilegesprivilege. All rights and remedies existing hereunder are cumulative to, and not exclusive of, ; any rights or remedies otherwise available.

Appears in 1 contract

Samples: Convertible Note (Sims Communications Inc)

Failure or Indulgency Not Waiver. No failure or delay on -------------------------------- the part of the Holder 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 privileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Note Purchase Agreement (Dwango North America Corp)

Failure or Indulgency Not Waiver. No failure or delay on the part of the -------------------------------- any Holder 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 privileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise availableprivilege.

Appears in 1 contract

Samples: Securities Purchase Agreement (Knickerbocker L L Co Inc)

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