Common use of No Implied Waiver; Cumulative Remedies Clause in Contracts

No Implied Waiver; Cumulative Remedies. No course of dealing and no delay or failure of the Lenders in exercising any right, power or privilege under this Agreement, the Notes or any other Loan Document shall affect any other or future exercise thereof or exercise of any other right, power or privilege; nor shall any single or partial exercise of any such right, power or privilege or any abandonment or discontinuance of steps to enforce such a right, power or privilege preclude any further exercise thereof or of any other right, power or privilege. The rights and remedies of the Lenders under this Agreement, the Term Notes and the other Loan Documents are cumulative and not exclusive of any rights or remedies which the Lenders have hereunder or thereunder or at law or in equity or otherwise. The Lenders may exercise their rights and remedies against the Borrowers, the Guarantors and the Collateral as the Lenders may elect, and regardless of the existence or adequacy of any other right or remedy.

Appears in 3 contracts

Samples: Credit Agreement (Decorative Home Accents Inc), Credit Agreement (Decorative Home Accents Inc), Credit Agreement (Decorative Home Accents Inc)

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No Implied Waiver; Cumulative Remedies. No course of dealing and no delay or failure of the Lenders or the Agent in exercising any right, power or privilege under this Agreement, the Notes or any other Loan Document shall affect any other or future exercise thereof or exercise of any other right, power or privilege; nor shall any single or partial exercise of any such right, power or privilege or any abandonment or discontinuance of steps to enforce such a right, power or privilege preclude any further exercise thereof or of any other right, power or privilege. The rights and remedies of the Lenders or the Agent under this Agreement, the Term Notes and the other Loan Documents are cumulative and not exclusive of any rights or remedies which the Lenders or the Agent have hereunder or thereunder or at law or in equity or otherwise. The Lenders or the Agent may exercise their rights and remedies against the Borrowers, the Guarantors Borrower and the Collateral as the Lenders and the Agent may elect, and regardless of the existence or adequacy of any other right or remedy.

Appears in 3 contracts

Samples: Revolving Credit and Security Agreement (Cityscape Financial Corp), Revolving Credit and Security Agreement (Cityscape Financial Corp), Revolving Credit Agreement (Jacobson Stores Inc)

No Implied Waiver; Cumulative Remedies. No course of dealing and no delay or failure of the Lenders or the Agent in exercising any right, power or privilege under this Agreement, the Notes any Note or any other Loan Related Document shall affect any other or future exercise thereof or exercise of any other right, power or privilege; nor shall any single or partial exercise of any such right, power or privilege or any abandonment or discontinuance of steps to enforce such a right, power or privilege preclude any further exercise thereof or of any other right, power or privilege. The rights and remedies of the Lenders or the Agent under this Agreement, the Term Notes and the other Loan Related Documents are cumulative and not exclusive of any rights or remedies which the Lenders or the Agent have hereunder or thereunder or at law or in equity or otherwise. The Lenders or the Agent may exercise their rights and remedies against the Borrowers, the Guarantors Borrower and the Collateral as the Lenders and the Agent may elect, and regardless of the existence or adequacy of any other right or remedy.

Appears in 3 contracts

Samples: Revolving Credit and Term Loan Agreement (Golden Books Family Entertainment Inc), Revolving Credit and Term Loan Agreement (Golden Books Family Entertainment Inc), Revolving Credit and Term Loan Agreement (Golden Books Family Entertainment Inc)

No Implied Waiver; Cumulative Remedies. No course of dealing and no delay or failure of the Lenders or the Agent in exercising any right, power or privilege under this Agreement, the Notes or any other Loan Related Document shall affect any other or future exercise thereof or exercise of any other right, power or privilege; nor shall any single or partial exercise of any such right, power or privilege or any abandonment or discontinuance of steps to enforce such a right, power or privilege preclude any further exercise thereof or of any other right, power or privilege. The rights and remedies of the Lenders or the Agent under this Agreement, the Term Notes and the other Loan Related Documents are cumulative and not exclusive of any rights or remedies which the Lenders or the Agent have hereunder or thereunder or at law or in equity or otherwise. The Lenders or the Agent may exercise their rights and remedies against the Borrowers, the Guarantors Borrower and the Collateral as the Lenders and the Agent may elect, and regardless of the existence or adequacy of any other right or remedy.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Weiners Stores Inc), Revolving Credit Agreement (Weiners Stores Inc)

No Implied Waiver; Cumulative Remedies. No course of dealing and no delay or failure of the Lenders or the Agent in exercising any right, power or privilege under this Agreement, the Notes or any other Loan Related Document shall affect any other or future exercise thereof or exercise of any other right, power or privilege; nor shall any single or partial exercise of any such right, power or privilege or any abandonment or discontinuance of steps to enforce such a right, power or privilege preclude any further exercise thereof or of any other right, power or privilege. The rights and remedies of the Lenders or the Agent under this Agreement, the Term Notes and the other Loan Related Documents are cumulative and not exclusive of any rights or remedies which the Lenders or the Agent have hereunder or thereunder or at law or in equity or otherwise. The Lenders or the Agent may exercise their rights and remedies against the Borrowers, the Guarantors Borrowers and the Collateral as the Lenders and the Agent may elect, and regardless of the existence or adequacy of any other right or remedy.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Planet Hollywood International Inc), Revolving Credit Agreement (Hechinger Co)

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No Implied Waiver; Cumulative Remedies. No course of dealing and no delay or failure of the Lenders or the Agent in exercising any right, power or privilege under this Agreement, the Notes or any other Loan Document shall affect any other or future exercise thereof or exercise of any other right, power or privilege; nor shall any single or partial exercise of any such right, power or privilege or any abandonment or discontinuance of steps to enforce such a right, power or privilege preclude any further exercise thereof or of any other right, power or privilege. The rights and remedies of the Lenders or the Agent under this Agreement, the Term Notes and the other Loan Documents are cumulative and not exclusive of any rights or remedies which the Lenders or the Agent have hereunder or thereunder or at law or in equity or otherwise. The Lenders or the Agent may exercise their rights and remedies against the Borrowers, the Guarantors Borrowers and the Collateral as the Lenders and the Agent may elect, and regardless of the existence or adequacy of any other right or remedy.

Appears in 1 contract

Samples: Credit Agreement (Gs Technologies Operating Co Inc)

No Implied Waiver; Cumulative Remedies. No course of dealing and no delay or failure of the Lenders Lender in exercising any right, power or privilege under this Agreement, the Notes Note or any other Loan Related Document shall affect any other or future exercise thereof or exercise of any other right, power or privilege; nor shall any single or partial exercise of any such right, power or privilege or any abandonment or discontinuance of steps to enforce such a right, power or privilege preclude any further exercise thereof or of any other right, power or privilege. The rights and remedies of the Lenders Lender under this Agreement, the Term Notes Note and the other Loan Related Documents are cumulative and not exclusive of any rights or remedies which the Lenders have hereunder or Lender has thereunder or at law or in equity or otherwise. The Lenders Lender may exercise their its rights and remedies against the Borrowers, the Guarantors Obligors and the Collateral as the Lenders Lender may elect, and regardless of the existence or adequacy of any other right or remedy.

Appears in 1 contract

Samples: Revolving Credit Agreement (Discovery Zone Inc)

No Implied Waiver; Cumulative Remedies. No course of dealing and no delay or failure of the Lenders Lender in exercising any right, power or privilege under this Agreement, the Notes or any other Loan Related Document shall affect any other or future exercise thereof or exercise of any other right, power or privilege; nor shall any single or partial exercise of any such right, power or privilege or any abandonment or discontinuance of steps to enforce such a right, power or privilege preclude any further exercise thereof or of any other right, power or privilege. The rights and remedies of the Lenders Lender under this Agreement, the Term Notes and the other Loan Related Documents are cumulative and not exclusive of any rights or remedies which the Lenders have hereunder or Lender has thereunder or at law or in equity or otherwise. The Lenders Lender may exercise their its rights and remedies against the Borrowers, the Guarantors Borrowers and the Collateral as the Lenders Lender may elect, and regardless of the existence or adequacy of any other right or remedy.

Appears in 1 contract

Samples: Secondary Revolving Credit Agreement (Planet Hollywood International Inc)

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