We use cookies on our site to analyze traffic, enhance your experience, and provide you with tailored content.

For more information visit our privacy policy.

Common use of No Implied Waivers; Cumulative Remedies; Writing Required Clause in Contracts

No Implied Waivers; Cumulative Remedies; Writing Required. No --------------------------------------------------------- course of dealing and no delay or failure of the Administrative Agent, any Agent or any Bank in exercising any right, power or 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 Administrative Agent, each 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 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 5 contracts

Samples: Revolving Credit Facility (Mariner Post Acute Network Inc), Revolving Credit Facility (Mariner Post Acute Network Inc), Term Loan Facility (Mariner Post Acute Network Inc)

No Implied Waivers; Cumulative Remedies; Writing Required. No --------------------------------------------------------- course of dealing and no delay or failure of the Administrative Agent, any Agent or any Bank Lender in exercising any right, power or 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 Administrative Agent, each Agent and the Banks Lenders 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 any 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 4 contracts

Samples: Credit Agreement (Arch Coal Inc), Revolving Credit Facility (Arch Coal Inc), Revolving Credit Facility (Arch Coal Inc)

No Implied Waivers; Cumulative Remedies; Writing Required. No --------------------------------------------------------- course of dealing and no delay or failure of the Administrative Agent, any Agent or any Bank Lender in exercising any right, power or 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 Administrative Agent, each Agent and the Banks Lenders 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 any 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: Revolving Credit and Letter of Credit Issuance Agreement (Carbide Graphite Group Inc /De/), Credit Agreement (Igate Capital Corp), Credit Agreement (Mastech Corp)

No Implied Waivers; Cumulative Remedies; Writing Required. No --------------------------------------------------------- course of dealing and no delay or failure of the Administrative Agent, any Agent or any Bank in exercising any right, power or 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 Administrative Agent, each 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 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 3 contracts

Samples: Credit Agreement (Arch Coal Inc), Revolving Credit Facility (Arch Coal Inc), Term Loan Credit Agreement (Arch Coal Inc)

No Implied Waivers; Cumulative Remedies; Writing Required. No --------------------------------------------------------- course of dealing and no delay or failure of the Administrative Agent, any Agent the Co-Agents or any Bank Lender in exercising any right, power or 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 Administrative Agent, each Agent the Co-Agents and the Banks Lenders 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 any 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 2 contracts

Samples: Revolving Credit and Letter of Credit Issuance Agreement (Rti International Metals Inc), Revolving Credit and Letter of Credit Issuance Agreement (Rmi Titanium Co)

No Implied Waivers; Cumulative Remedies; Writing Required. No --------------------------------------------------------- course of dealing and no delay or failure of the Administrative Agent, any Agent the Documentation Agents or any Bank Lender in exercising any right, power or 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 Administrative Agent, each Agent the Documentation Agents and the Banks Lenders 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 any 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: Revolving Credit and Letter of Credit Issuance Agreement (Rti International Metals Inc)

No Implied Waivers; Cumulative Remedies; Writing Required. No --------------------------------------------------------- course of dealing and no delay or failure of the Administrative Agent, any Agent or any Bank in exercising any right, power or 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 NAI-0000000000v6 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 Administrative Agent, each 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 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: Credit Agreement (Triumph Group Inc)

No Implied Waivers; Cumulative Remedies; Writing Required. No --------------------------------------------------------- course of dealing and no delay or failure of the Documentation Agents, the Administrative Agent, any Agent or any Bank in exercising any right, power or 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 Administrative Agent, each Agent the Issuing Letter of Credit Banks 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 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: Credit Agreement (Big Lots Inc)

No Implied Waivers; Cumulative Remedies; Writing Required. No --------------------------------------------------------- course of dealing and no delay or failure of the Administrative Agent, any Agent or any Bank in exercising any right, power or 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 Administrative Agent, each 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 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: Credit Agreement (Mariner Post Acute Network Inc)

No Implied Waivers; Cumulative Remedies; Writing Required. No --------------------------------------------------------- course of dealing and no delay or failure of the Administrative Agent, any Agent or the Collateral Agent or any Bank Lender in exercising any right, power or 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 Administrative Agent, each Agent and the Banks 104 Collateral Agent and the Lenders 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 any 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: Credit Agreement (Newtech Corp)

No Implied Waivers; Cumulative Remedies; Writing Required. No --------------------------------------------------------- course of dealing and no delay or failure of the Administrative Agent, any Agent or any Bank in exercising any right, power or power, remedy or privilege under this Agreement or CREDIT AGREEMENT 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 Administrative Agent, each 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 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: Credit Agreement (Internet Capital Group Inc)