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 Agent, any Lender, the L/C Issuer or the Swingline 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 Agent, the Lenders, the L/C Issuer and the Swingline 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 Agent, any Lender, the L/C Issuer or the Swingline 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: Pitt Des Moines Inc

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No Implied Waivers; Cumulative Remedies; Writing Required. No course of dealing and no delay or failure of the Administrative Agent, the Syndication Agent, the Real Estate Administrative Agent, any Swing Lender, the L/C Issuer any Lender or the Swingline Lender Issuing Bank in exercising any right, power, remedy or privilege under this Agreement (including without limitation Article IX hereof) 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, the LendersSyndication Agent, the L/C Issuer Real Estate Administrative Agent, the Lenders and the Swingline Lender Issuing Bank under this Agreement (including without limitation Article IX hereof) 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 Agent, any Lender, the L/C Issuer Lender or the Swingline Lender Issuing Bank of any breach or default under this Agreement (including without 110 limitation Article IX hereof) or any such waiver of any provision or condition of this Agreement (including without limitation Article IX whereof) 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 (Borders Group Inc)

No Implied Waivers; Cumulative Remedies; Writing Required. No course of dealing and no delay or failure of the Administrative Agent, the Arranger, the Documentation Agent, any Lender, the L/C Issuer Swing Lender or the Swingline any Lender in exercising any right, power, remedy or privilege under this Agreement (including without limitation Article VIII hereof) 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, the LendersArranger, the L/C Issuer Documentation Agent and the Swingline Lender Lenders under this Agreement (including without limitation Article VIII hereof) 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 Agent, any Lender, the L/C Issuer or the Swingline Lender of any breach or default under this Agreement (including without limitation Article VIII hereof) or any such waiver of any provision or condition of this Agreement (including without limitation Article VIII whereof) must be in writing and shall be effective only to the extent specifically set forth in such writing.

Appears in 1 contract

Samples: Multicurrency Credit Agreement (Borders Group Inc)

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No Implied Waivers; Cumulative Remedies; Writing Required. No course of dealing and no delay or failure of the Documentation Agent, the Administrative Agent or any Lender, the L/C Issuer or the Swingline Lender 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 Documentation Agent, the LendersAdministrative Agent, the L/C Issuer Syndication Agent, the Managing Agents, the Issuing Letter of Credit Banks and the Swingline Lender 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 Agent, any Lender, the L/C Issuer or the Swingline Lender 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 (Consolidated Stores Corp /De/)

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