No Implied Waivers; Remedies Not Exclusive. No failure by the Agent or any Secured Party to exercise, and no delay in exercising and no course of dealing with respect to, any right or remedy under any Security Document shall operate as a waiver thereof; nor shall any single or partial exercise by the Agent or any Secured Party of any right or remedy under any Loan Document preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies specified in the Loan Documents are cumulative and are not exclusive of any other rights or remedies provided by law.
Appears in 17 contracts
Samples: Credit Agreement (NMI Holdings, Inc.), Abl Security Agreement, Revolving Credit Security Agreement
No Implied Waivers; Remedies Not Exclusive. No failure by the Collateral Agent or any Secured Party to exercise, and no delay in exercising and no course of dealing with respect to, any right or remedy under any Security Document shall operate as a waiver thereof; nor shall any single or partial exercise by the Collateral Agent or any Secured Party of any right or remedy under any Loan Document preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies specified in the Loan Documents are cumulative and are not exclusive of any other rights or remedies provided by law.
Appears in 15 contracts
Samples: Amendment and Restatement Agreement (Advanced Disposal Services, Inc.), Credit Agreement (Windstream Services, LLC), Guarantee and Collateral Agreement (Retrophin, Inc.)
No Implied Waivers; Remedies Not Exclusive. No failure by the Collateral Agent or any Secured Party to exercise, and no delay in exercising and no course of dealing with respect to, any right or remedy under any Security Related Document shall operate as a waiver thereof; nor shall any single or partial exercise by the Collateral Agent or any Secured Party of any right or remedy under any Loan Related Document preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies specified in the Loan Related Documents are cumulative and are not exclusive of any other rights or remedies provided by law.
Appears in 13 contracts
Samples: Borrower Security Agreement (United States Steel Corp), Subsidiary Security Agreement (United States Steel Corp), Canadian Security Agreement (United States Steel Corp)
No Implied Waivers; Remedies Not Exclusive. No failure by the Collateral Agent or any Secured Party to exercise, and no delay in exercising and no course of dealing with respect to, any right or remedy under any Security Pledge Document shall operate as a waiver thereof; nor shall any single or partial exercise by the Collateral Agent or any Secured Party of any right or remedy under any Loan Document preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies specified in the Loan Documents are cumulative and are not exclusive of any other rights or remedies provided by law.
Appears in 12 contracts
Samples: Foreign Pledge Agreement (Nortel Networks LTD), Foreign Pledge Agreement (Nortel Networks LTD), Foreign Pledge Agreement (Nortel Networks Corp)
No Implied Waivers; Remedies Not Exclusive. No failure by the Administrative Agent or any Secured Party to exercise, and no delay in exercising and no course of dealing with respect to, any right or remedy under any Security Document shall operate as a waiver thereof; nor shall any single or partial exercise by the Administrative Agent or any Secured Party of any right or remedy under any Loan Document preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies specified in the Loan Documents are cumulative and are not exclusive of any other rights or remedies provided by law.
Appears in 11 contracts
Samples: Credit Agreement (Tapestry, Inc.), Credit Agreement (Energizer Holdings, Inc.), Guarantee and Security Agreement (Cloud Peak Energy Inc.)
No Implied Waivers; Remedies Not Exclusive. No failure by the Administrative Agent or any Secured Party to exercise, and no delay in exercising and no course of dealing with respect to, any right or remedy under any Security Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise by the Administrative Agent or any Secured Party of any right or remedy under any Loan Document preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies specified in the Loan Documents are cumulative and are not exclusive of any other rights or remedies provided by law.
Appears in 6 contracts
Samples: Security Agreement (Lyondell Chemical Co), Security Agreement (Lyondell Chemical Co), Security Agreement (Equistar Chemicals Lp)
No Implied Waivers; Remedies Not Exclusive. No failure by the Administrative Agent or any Secured Party to exercise, and no delay in exercising and no course of dealing with respect to, any right or remedy under any Security Credit Document shall operate as a waiver thereof; nor shall any single or partial exercise by the Administrative Agent or any Secured Party of any right or remedy under any Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies specified in the Loan Credit Documents are cumulative and are not exclusive of any other rights or remedies provided by law.
Appears in 6 contracts
Samples: Security Agreement (FS Global Credit Opportunities Fund-A), Security Agreement (American Capital, LTD), Security Agreement (FS Investment Corp II)
No Implied Waivers; Remedies Not Exclusive. No failure by the Administrative Agent or any Secured Party to exercise, and no delay in exercising and no course of dealing with respect to, any right or remedy under any Security Collateral Document shall operate as a waiver thereof; nor shall any single or partial exercise by the Administrative Agent or any Secured Party of any right or remedy under any Loan Document preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies specified in the Loan Documents are cumulative and are not exclusive of any other rights or remedies provided by law.
Appears in 5 contracts
Samples: Security Agreement, Security Agreement (LyondellBasell Industries N.V.), Credit Agreement (Kinetic Concepts Inc)
No Implied Waivers; Remedies Not Exclusive. No failure by the Agent or any Secured Party to exercise, and no delay in exercising and no course of dealing with respect to, any right or remedy under any Security Document shall operate as a waiver thereof; nor shall any single or partial exercise by the Agent or any Secured Party of any right or remedy under any Loan Document preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies specified in the Loan Documents are cumulative and are not exclusive of any other rights or remedies provided by law.
Appears in 5 contracts
Samples: Guarantee and Pledge Agreement, Guarantee and Pledge Agreement, Guarantee and Pledge Agreement
No Implied Waivers; Remedies Not Exclusive. No failure by the Agent or any Secured Party Parties to exercise, and no delay in exercising and no course of dealing with respect to, any right or remedy under any Security Document shall operate as a waiver thereof; nor shall any single or partial exercise by the Agent or any Secured Party Parties of any right or remedy under any Loan Document preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies specified in the Loan Documents are cumulative and are not exclusive of any other rights or remedies provided by law.
Appears in 4 contracts
Samples: Guarantee, Pledge and Proceeds Application Agreement, Master Transaction Agreement, Guarantee, Pledge and Proceeds Application Agreement (American International Group Inc)
No Implied Waivers; Remedies Not Exclusive. No failure by the Administrative Agent or any Secured Guaranteed Party to exercise, and no delay in exercising and no course of dealing with respect to, any right or remedy under any Security Document shall this Agreement will operate as a waiver thereof; nor shall will any single or partial exercise by the Administrative Agent or any Secured Guaranteed Party of any right or remedy under any Loan Document preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies specified in the Loan Documents are cumulative and are not exclusive of any other rights or remedies provided by law.
Appears in 3 contracts
Samples: Guarantee Agreement (FGL Holdings), Guarantee Agreement (Fidelity & Guaranty Life), Guarantee Agreement (Montpelier Re Holdings LTD)
No Implied Waivers; Remedies Not Exclusive. No failure by the Agent Collateral Representative or any Secured Party to exercise, and no delay in exercising and no course of dealing with respect to, any right or remedy under any Security Document shall operate as a waiver thereof; nor shall any single or partial exercise by the Agent Collateral Representative or any Secured Party of any right or remedy under any Loan Note Document preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies specified in the Loan Note Documents are cumulative and are not exclusive of any other rights or remedies provided by law.
Appears in 3 contracts
Samples: Note Purchase Agreement (Navisite Inc), Note Purchase Agreement (Cmgi Inc), Guarantee and Security Agreement (Navisite Inc)
No Implied Waivers; Remedies Not Exclusive. No failure by the Collateral Agent or any Secured Party Parties to exercise, and no delay in exercising and no course of dealing with respect to, any right or remedy under any Security Document shall operate as a waiver thereof; nor shall any single or partial exercise by the Collateral Agent or any Secured Party Parties of any right or remedy under any Loan Document Secured Agreement preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies specified in the Loan Documents Secured Agreements are cumulative and are not exclusive of any other rights or remedies provided by law.
Appears in 3 contracts
Samples: Pledge Agreement (Qwest Capital Funding Inc), Security and Pledge Agreement (Qwest Capital Funding Inc), Security and Pledge Agreement (Qwest Services Corp)
No Implied Waivers; Remedies Not Exclusive. No failure by the Collateral Agent or any Secured Party to exercise, and no delay in exercising and no course of dealing with respect to, any right or remedy under any Security Document this Agreement shall operate as a waiver thereof; nor shall any single or partial exercise by the Collateral Agent or any Secured Party of any right or remedy under any Loan Document the Credit Agreement or this Agreement preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies specified in the Loan Documents Credit Agreement and this Agreement are cumulative and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Pledge Agreement (Unova Inc), Pledge Agreement (Unova Inc)
No Implied Waivers; Remedies Not Exclusive. No failure by the Agent or any other Secured Party to exercise, and no delay in exercising and no course of dealing with respect to, any right or remedy under any Security Document shall operate as a waiver thereof; nor shall any single or partial exercise by the Agent or any other Secured Party of any right or remedy under any Loan Transaction Document preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies specified in the Loan Transaction Documents are cumulative and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Security Agreement (FS Multi-Alternative Income Fund), Security Agreement (Advent Claymore Convertible Securities & Income Fund)
No Implied Waivers; Remedies Not Exclusive. No failure by on the part of the Collateral Agent or any other Secured Party to exercise, and no delay in exercising and no course of dealing with respect to, any right or remedy under any Security Document this Agreement shall operate as a waiver thereof; nor shall any single or partial exercise by the Collateral Agent or any Secured Party of any such right or remedy under any Loan Note Document preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies specified in the Loan Documents under this Agreement are cumulative and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Security Agreement (Protalix BioTherapeutics, Inc.), Security Agreement (Protalix BioTherapeutics, Inc.)
No Implied Waivers; Remedies Not Exclusive. No failure by the Collateral Agent or any Secured Party to exercise, and no delay in exercising and no course of dealing with respect to, any right or remedy under any Security Document shall operate as a waiver thereof; nor shall any single or partial exercise by the Collateral Agent or any Secured Party of any right or remedy under any Loan Notes Document preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies specified in the Loan Notes Documents are cumulative and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Security Agreement (LyondellBasell Industries N.V.), Security Agreement (LyondellBasell Industries N.V.)
No Implied Waivers; Remedies Not Exclusive. No failure by the Collateral Agent or any Secured Party to exercise, and no delay in exercising and no course of dealing with respect to, any right or remedy under any Security Document shall operate as a waiver thereof; nor shall any single or partial exercise by the Collateral Agent or any Secured Party of any right or remedy under this Agreement or any Loan other Note Document preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies specified in the Loan Note Documents are cumulative and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Security Agreement (Cloud Peak Energy Inc.), Security Agreement (Cloud Peak Energy Inc.)
No Implied Waivers; Remedies Not Exclusive. No failure by the Collateral Agent or any Secured Party to exercise, and no delay in exercising and no course of dealing with respect to, any right or remedy under any Security Document shall operate as a waiver thereof; nor shall any single or partial exercise by the Collateral Agent or any Secured Party of any right or remedy under any Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies specified in the Loan Credit Documents are cumulative and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Security Agreement (Metaldyne Performance Group Inc.), Security Agreement (American Reprographics CO)
No Implied Waivers; Remedies Not Exclusive. No failure by the Collateral Agent or any Secured Party to exercise, and no delay in exercising and no course of dealing with respect to, any right or remedy under any Security Collateral Document shall operate as a waiver thereof; nor shall any single or partial exercise by the Collateral Agent or any Secured Party of any right or remedy under any Loan Financing Document preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies specified in the Loan Financing Documents are cumulative and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Credit Agreement (Kindred Healthcare Inc), Credit Agreement (Kindred Healthcare, Inc)
No Implied Waivers; Remedies Not Exclusive. No failure by the Agent or any Secured Party to exercise, and no delay in exercising and no course of dealing with respect to, any right or remedy under any Security Document shall operate as a waiver thereof; nor shall any single or partial exercise by the Agent or any Secured Party of any right or remedy under in connection with any Loan Document of the Secured Obligations preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies specified in connection with the Loan Documents Secured Obligations are cumulative and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Loan Implementation Agreement (Hoku Scientific Inc), Loan Implementation Agreement (Tianwei New Energy Holdings Co., LTD)
No Implied Waivers; Remedies Not Exclusive. No failure by the Administrative Agent or any Secured Guaranteed Party to exercise, and no delay in exercising and no course of dealing with respect to, any right or remedy under any Security Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise by the Administrative Agent or any Secured Guaranteed Party of any right or remedy under any Loan Document preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies specified in the Loan Documents are cumulative and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Holdings Guaranty (Spectrum Brands, Inc.), Subsidiary Guaranty (Spectrum Brands, Inc.)
No Implied Waivers; Remedies Not Exclusive. No failure by the Collateral Agent or any Secured Party to exercise, and no delay in exercising and no course of dealing with respect to, any right or remedy under any Security Document shall operate as a waiver thereof; nor shall any single or partial exercise by the Collateral Agent or any Secured Party of any right or remedy under any Loan Secured Notes Document preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies specified in the Loan Secured Notes Documents are cumulative and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
No Implied Waivers; Remedies Not Exclusive. No failure by the Collateral Agent or any other Secured Party to exercise, and no delay in exercising and no course of dealing with respect to, any right or remedy under any Security Document shall operate as a waiver thereof; nor shall any single or partial exercise by the Collateral Agent or any other Secured Party of any right or remedy under any Loan Transaction Document preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies specified in the Loan Transaction Documents are cumulative and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Security Agreement (Guggenheim Taxable Municipal Managed Duration Trust)
No Implied Waivers; Remedies Not Exclusive. No failure by the Collateral Agent or any Secured Party to exercise, and no delay in exercising and no course of dealing with respect to, any right or remedy under any Security Collateral Document or other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise by the Collateral Agent or any Secured Party of any right or remedy under any Loan Document preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies specified in the Loan Documents are cumulative and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
No Implied Waivers; Remedies Not Exclusive. No failure by the Agent or any Secured Party to exercise, and no delay in exercising and no course of dealing with respect to, any right or remedy under any Security Document or other Note Document shall operate as a waiver thereof; nor shall any single or partial exercise by the Agent or any Secured Party of any right or remedy under any Loan Note Document preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies specified in the Loan Note Documents are cumulative and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
No Implied Waivers; Remedies Not Exclusive. No failure by the Collateral Agent or any Secured Party to exercise, and no delay in exercising and no course of dealing with respect to, any right or remedy under any Security Document shall operate as a waiver thereof; nor shall any single or partial exercise by the Collateral Agent or any Secured Party of any right or remedy under any Loan Noteholder Document preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies specified in the Loan Noteholder Documents are cumulative and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
No Implied Waivers; Remedies Not Exclusive. No failure by the Agent or any Secured Party to exercise, and no delay in exercising and no course of dealing with respect to, any right or remedy under any Security Document shall operate as a waiver thereof; nor shall any single or partial exercise by the Agent or any Secured Party of any right or remedy under any Loan Note Document preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies specified in the Loan Note Documents are cumulative and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
No Implied Waivers; Remedies Not Exclusive. No failure by the Agent or any Secured Party to exercise, and no delay in exercising and no course of dealing with respect to, any right or remedy under any Security Collateral Document shall operate as a waiver thereof; nor shall any single or partial exercise by the Agent or any Secured Party of any right or remedy under any Loan Document preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies specified in the Loan Documents are cumulative and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
No Implied Waivers; Remedies Not Exclusive. No failure by the Collateral Agent or any Secured Party to exercise, and no delay in exercising and no course of dealing with respect to, any right or remedy under any Security Document shall operate as a waiver thereof; nor shall any single or partial exercise by the Collateral Agent or any Secured Party of any right or remedy under any Loan Secured Debt Document preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies specified in the Loan Secured Debt Documents are cumulative and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Indenture (Molycorp, Inc.)
No Implied Waivers; Remedies Not Exclusive. No failure by the Administrative Agent or any Secured Guaranteed Party to exercise, and no delay in exercising and no course of dealing with respect to, any right or remedy under any Security Document this Agreement shall operate as a waiver thereof; nor shall any single or partial exercise by the Administrative Agent or any Secured Guaranteed Party of any right or remedy under any Loan Document preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies specified in the Loan Documents are cumulative and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
No Implied Waivers; Remedies Not Exclusive. No failure by the Agent Collateral Trustee or any Secured Party to exercise, and no delay in exercising and no course of dealing with respect to, any right or remedy under any Security Document shall operate as a waiver thereof; nor shall any single or partial exercise by the Agent Collateral Trustee or any Secured Party of any right or remedy under any Loan Security Document preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies specified in the Loan Security Documents are cumulative and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
No Implied Waivers; Remedies Not Exclusive. No failure by the a Collateral Agent or any Secured Party to exercise, and no delay in exercising and no course of dealing with respect to, any right or remedy under any Security Document shall operate as a waiver thereof; nor shall any single or partial exercise by the a Collateral Agent or any Secured Party of any right or remedy under any Loan Security Document preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies specified in the Loan Security Documents are cumulative and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Collateral Agency Agreement (NXP Manufacturing (Thailand) Co., Ltd.)
