No Implied Waivers; Cumulative Remedies; Writing Required. No course of dealing and no delay or failure of the Bank in exercising any right, power, remedy or privilege under this Agreement or any other Loan Document shall affect any other or future exercise thereof or operate as a waiver thereof, nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power, remedy or privilege preclude any further exercise thereof or of any other right, power, remedy or privilege. The rights and remedies of the Bank under this Agreement and any other Loan Documents are cumulative and not exclusive of any rights or remedies which they would otherwise have. Any 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 specifically set forth in such writing.
Appears in 4 contracts
Samples: Credit Agreement (Moog Inc.), Credit Agreement (Moog Inc.), Credit Agreement (Moog Inc.)
No Implied Waivers; Cumulative Remedies; Writing Required. No course of dealing and no delay or failure of the Bank Lender in exercising any right, power, remedy or privilege under this Agreement or any other Loan Document shall affect any other or future exercise thereof or operate as a waiver thereof, ; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power, remedy or privilege preclude any further exercise thereof or of any other right, power, remedy or privilege. The rights and remedies of the Bank Lender under this Agreement and any the other Loan Documents are cumulative and not exclusive of any rights or remedies which they would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of the Bank Lender of any provision of, or any breach or default under under, this Agreement or any such waiver of any provision or condition of this Agreement other Loan Document must be in writing and shall be effective only to the extent specifically set forth in such writing.
Appears in 3 contracts
Samples: Bridge Loan Agreement (VDC Corp LTD), Loan Agreement (North American Technologies Group Inc /Mi/), Loan Agreement (North American Technologies Group Inc /Mi/)
No Implied Waivers; Cumulative Remedies; Writing Required. No course of dealing and no delay or failure of the Bank Lender in exercising any right, power, remedy or privilege under this Agreement or any other Loan Document shall affect any other or future exercise thereof or operate as a waiver thereof, nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power, remedy or privilege preclude any further exercise thereof or of any other right, power, remedy or privilege. The rights and remedies of the Bank Lender under this Agreement and any other Loan Documents Document are cumulative and not exclusive of any rights or remedies which they would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of the Bank Lender 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 specifically set forth in such writing.
Appears in 3 contracts
Samples: Credit Agreement (ExOne Co), Credit Agreement (ExOne Co), Credit Agreement (ExOne Co)
No Implied Waivers; Cumulative Remedies; Writing Required. No course of dealing and no delay or failure of the Agent or any Bank in exercising any right, power, remedy or privilege under this Agreement or any other Loan Document shall affect any other or future exercise thereof or operate as a waiver thereof, nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power, remedy or privilege preclude any further exercise thereof or of any other right, power, remedy or privilege. The rights and remedies of Agent and the Bank Banks under this Agreement and any other Loan Documents are cumulative and not exclusive of any rights or remedies which they would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of the any 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 specifically set forth in such writing.
Appears in 2 contracts
Samples: Credit Agreement (Interface Security Systems, L.L.C.), Credit Agreement (Interface Security Systems Holdings Inc)
No Implied Waivers; Cumulative Remedies; Writing Required. No course of dealing and no delay or failure of the Bank Trustee in exercising any right, power, power or remedy or privilege under this Agreement or any other Loan Document the Indenture shall affect any other or future exercise thereof or operate as a waiver thereof, nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power, power or remedy or privilege preclude any further exercise thereof or of any other right, power, remedy power or privilegeremedy. The rights and remedies of the Bank Trustee under this Agreement and any other Loan Documents the Indenture are cumulative and not exclusive of any rights or remedies which they it would otherwise have, including, without limitation, any rights and remedies under any other agreement. Any waiver, permit, consent or approval of any kind or character on the part of the Bank Trustee of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement and the Indenture must be in writing and shall be effective only to the extent in such writing specifically set forth in such writingforth.
Appears in 2 contracts
Samples: Senior Security Agreement (Forster Drilling Corp), Subordinated Security Agreement (Forster Drilling Corp)
No Implied Waivers; Cumulative Remedies; Writing Required. No course of dealing and no delay or failure of the Bank Agent or any Lender in exercising any right, power, remedy or privilege under this Agreement or any other Loan Document shall will affect any other or future exercise thereof or operate as a waiver thereof, nor shall will any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power, remedy or privilege preclude any further exercise thereof or of any other right, power, remedy or privilege. The rights and remedies of the Bank Agent and Lenders under this Agreement and any other Loan Documents Document are cumulative and not exclusive of any rights or remedies which they would could otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of the Bank of any Lender with respect to any breach or default under this Agreement any Loan Document or any such waiver of any provision or condition of this Agreement any Loan Document must be in writing and shall will be effective only to the extent specifically set forth in such writing.
Appears in 2 contracts
Samples: Construction Loan Agreement (Cottonwood Multifamily Opportunity Fund, Inc.), Construction Loan Agreement (Investors Real Estate Trust)
No Implied Waivers; Cumulative Remedies; Writing Required. No course of dealing and no delay or failure of the Bank Lender in exercising any right, power, remedy or privilege under this Agreement or any other Loan Document shall will affect any other or future exercise thereof or operate as a waiver thereof, nor shall will any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power, remedy or privilege preclude any further exercise thereof or of any other right, power, remedy or privilege. The rights and remedies of the Bank Lender under this Agreement and any other Loan Documents Document are cumulative and not exclusive of any rights or remedies which they would could otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of the Bank of Lender with respect to any breach or default under this Agreement any Loan Document or any such waiver of any provision or condition of this Agreement any Loan Document must be in writing and shall will be effective only to the extent specifically set forth in such writing.
Appears in 2 contracts
Samples: Construction Loan Agreement, Construction Loan Agreement (CNL Growth Properties, Inc.)
No Implied Waivers; Cumulative Remedies; Writing Required. No course of dealing and no delay or failure of the Bank Agent or any Lender in exercising any right, power, remedy or privilege under this Agreement or any other Loan Credit Document shall affect any other or future exercise thereof or operate as a waiver thereof, nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power, remedy or privilege preclude any further exercise thereof or of any other right, power, remedy or privilege. The rights and remedies of the Bank Agent and Lenders under this Agreement and any other Loan Documents Credit Document are cumulative and not exclusive of any rights or remedies which they would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of the Bank any Lender 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 specifically set forth in such writing.
Appears in 1 contract
Samples: Credit Agreement (CastleRock Security Holdings, Inc.)
No Implied Waivers; Cumulative Remedies; Writing Required. No course of dealing and no delay or failure of the Bank in exercising any right, power, remedy or privilege under this Agreement or any other the Loan Document shall affect any other or future exercise thereof or operate as a waiver thereof, nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power, remedy or privilege preclude any further exercise thereof or of any other right, power, remedy or privilege. The rights and remedies of the Bank under this Agreement and any other Loan Documents are cumulative and not exclusive of any rights or remedies which they would otherwise have. Any waiver, permit, 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 specifically set forth in such writing.
Appears in 1 contract
No Implied Waivers; Cumulative Remedies; Writing Required. No course of dealing and no delay or failure of the Bank Lender in exercising any right, power, remedy or privilege under this Agreement or any other the Loan Document shall affect any other or future exercise thereof or operate as a waiver thereof, nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power, remedy or privilege preclude any further exercise thereof or of any other right, power, remedy or privilege. The rights and remedies of the Bank Lender under this Agreement and any other Loan Documents are cumulative and not exclusive of any rights or remedies which they would otherwise have. Any waiver, permit, permit consent or approval of any kind or character on the part of the Bank Lender 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 specifically set forth in such writing.
Appears in 1 contract
Samples: Term Loan Agreement
No Implied Waivers; Cumulative Remedies; Writing Required. No course of dealing and no delay or failure of the Bank Lender in exercising any right, power, remedy or privilege under this Agreement or any other Loan Document shall affect any other or future exercise thereof or operate as a waiver thereof, ; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power, remedy or privilege preclude any further exercise thereof or of any other right, power, remedy or privilege. The rights and remedies of the Bank Lender under this Agreement and any other Loan Documents are cumulative and not exclusive of any rights or remedies which they would otherwise havehave and may be exercised multiple times. Any waiver, permit, consent or approval of any kind or character on the part of the Bank Lender 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 specifically set forth in such writing.
Appears in 1 contract
Samples: Loan Agreement (Pinnacle Foods Inc)
No Implied Waivers; Cumulative Remedies; Writing Required. No course of dealing and no delay or failure of the any Bank in exercising any right, power, remedy or privilege under this Agreement or any other Loan Document shall affect any other or future exercise thereof or operate as a waiver thereof, ; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power, remedy or privilege preclude any further exercise thereof or of any other right, power, remedy or privilege. The rights and remedies of the Bank Banks under this Agreement and any other Loan Documents are cumulative and not exclusive of any rights or remedies which they would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of the any 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 specifically set forth in such writing.
Appears in 1 contract
Samples: Discretionary Credit Agreement (Aristech Chemical Corp)
No Implied Waivers; Cumulative Remedies; Writing Required. No course of dealing and no delay or failure of the Bank in exercising any right, power, remedy or privilege under this Agreement or any other Loan Document shall affect any other or future exercise thereof or operate as a waiver thereof, nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power, remedy or privilege preclude any further exercise thereof or of any other right, power, remedy or privilege. The rights and remedies of the Bank under this Agreement and any other Loan Documents are cumulative and not exclusive of any rights or remedies which they would otherwise have. Any 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 specifically set forth in such writing.
Appears in 1 contract
No Implied Waivers; Cumulative Remedies; Writing Required. No course of dealing and no delay or failure of the Bank Lender in exercising any right, power, remedy or privilege under this Agreement or any other Loan Document shall will affect any other or future exercise thereof or operate as a waiver thereof, nor shall will any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power, remedy or privilege preclude any further exercise thereof or of any other right, power, remedy or privilege. The rights and remedies of the Bank Lender under this Agreement and any other Loan Documents Document are cumulative and not exclusive of any rights or remedies which they would it could otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of the Bank of Lender with respect to any breach or default under this Agreement any Loan Document or any such waiver of any provision or condition of this Agreement any Loan Document must be in writing and shall will be effective only to the extent specifically set forth in such writing.
Appears in 1 contract
Samples: Construction and Mini Perm Loan Agreement (HMG Courtland Properties Inc)
No Implied Waivers; Cumulative Remedies; Writing Required. No course of dealing and no delay or failure of the Agent or any Bank in exercising any right, power, remedy or privilege under this Agreement or any other Loan Document shall affect any other or future exercise thereof or operate as a waiver thereof, nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power, remedy or privilege preclude any further exercise thereof or of any other right, power, remedy or privilege. The rights and remedies of the Bank Agent and the Banks under this Agreement and any other Loan Documents are cumulative and not exclusive of any rights or remedies which they would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of the any 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 specifically set forth in such writing.. Reimbursement and Indemnification of Banks by the Borrower;
Appears in 1 contract
Samples: Credit Agreement (Compudyne Corp)
No Implied Waivers; Cumulative Remedies; Writing Required. No course of dealing and no delay or failure of the Bank in exercising any right, power, remedy or privilege under this Agreement or any other Loan Document shall affect any other or future exercise thereof or operate as a waiver thereof, ; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power, remedy or privilege preclude any further exercise thereof or of any other right, power, remedy or privilege. The rights and remedies of the Bank under this Agreement and any other Loan Documents are cumulative and not exclusive of any rights or remedies which they would otherwise have. Any 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 specifically set forth in such writing.
Appears in 1 contract
Samples: Credit Agreement (Integra Inc)
No Implied Waivers; Cumulative Remedies; Writing Required. No course of dealing and no delay or failure of the Bank Lender in exercising any right, power, remedy or privilege under this Agreement or any other Loan Document shall affect any other or future exercise thereof or operate as a waiver thereof, nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power, remedy or privilege preclude any further exercise thereof or of any other right, power, remedy or privilege. The rights and remedies of the Bank Lender under this Agreement and any other Loan Documents are cumulative and not exclusive of any rights or remedies which they would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of the Bank any Lender 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 specifically set forth in such writing.
Appears in 1 contract
Samples: Loan Agreement (Corporate Property Associates 17 - Global INC)