No Implied Waiver etc. No delay or failure of the Bank, or any holder of the Note in exercising any right, power or privilege hereunder shall affect such right, power or privilege; and no single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or privilege shall preclude any further exercise thereof or of any other right, power or privilege. The rights and remedies hereunder of the Bank and any holder of the Note are cumulative and not exclusive of any rights or remedies which it or they would otherwise have. Any amendment, waiver, permit, consent or approval of any kind or character on the part of the Bank of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing and shall be effective only to the extent in such writing specifically set forth.
Appears in 1 contract
No Implied Waiver etc. No delay or failure of the Bank, Agent or any holder of the Note Issuing Bank in exercising any right, power or privilege hereunder shall affect such right, power or privilege; and no nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or privilege shall preclude any further exercise thereof or of any other right, power or privilege. The rights and remedies hereunder of the Bank Agent and any holder of the Note Issuing Banks are cumulative and not exclusive of any rights or remedies which which, it or they would otherwise have. Any amendment, waiver, permit, consent or approval of any kind or character on the part of the Agent or an Issuing Bank of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing and shall be effective only to the extent in such writing specifically set forth.
Appears in 1 contract
Samples: Letter of Credit Facility and Reimbursement Agreement (Xl Capital LTD)
No Implied Waiver etc. No course of dealing and delay or failure of the Agent or any Bank, or any the holder of the any Note in exercising any right, power or privilege hereunder shall affect such right, power or privilege; and no nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or privilege shall preclude any further exercise thereof or of any other right, power or privilege. The rights and remedies hereunder of the Agent or any Bank and any holder of the Note are cumulative and not exclusive of any rights or remedies which which, it or they would otherwise have. Any amendment, waiver, permit, consent or approval of any kind or character on the part of the each Bank of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing and shall be effective only to the extent in such writing specifically set forth.
Appears in 1 contract
No Implied Waiver etc. No delay or failure of the Bank, or any holder of the Note Bank in exercising any right, power or privilege hereunder shall affect such right, power or privilege; and no nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or privilege shall preclude any further exercise thereof or of any other right, power or privilege. The rights and remedies hereunder of the Bank and any holder of the Note are cumulative and not exclusive of any rights or remedies which which, it or they would otherwise have. Any amendment, waiver, permit, consent or approval of any kind or character on the part of the Bank of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing and shall be effective only to the extent in such writing specifically set forth.
Appears in 1 contract
Samples: Letter of Credit Facility and Reimbursement Agreement (Xl Capital LTD)
No Implied Waiver etc. No delay or failure of the a Bank, or any the holder of the any Note in exercising any right, power or privilege hereunder shall affect such right, power or privilege; and no nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or privilege shall preclude any further exercise thereof or of any other right, power or privilege. The rights and remedies hereunder of the a Bank and any holder of the Note are cumulative and not exclusive of any rights or remedies which which, it or they would otherwise have. Any amendment, waiver, permit, consent or approval of any kind or character on the part of the each Bank of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing and shall be effective only to the extent in such writing specifically set forth.
Appears in 1 contract