Common use of No Waiver; Amendments; Cumulative Remedies Clause in Contracts

No Waiver; Amendments; Cumulative Remedies. No delay or omission of the Administrative Agent or any Lender to exercise any right or remedy granted under this Pledge Agreement shall impair such right or remedy or be construed to be a waiver of any Default or an acquiescence therein, and any single or partial exercise of any such right or remedy shall not preclude any other or further exercise thereof or the exercise of any other right or remedy. Except in the case of releases of Collateral in accordance with Section 11.09 of the Credit Agreement, no waiver, amendment or other variation of the terms, conditions or provisions of this Pledge Agreement whatsoever shall be valid unless in writing signed by the Administrative Agent with the concurrence or at the direction of the Lenders required under Section 12.02 of the Credit Agreement and then only to the extent in such writing specifically set forth. All rights and remedies contained in this Pledge Agreement or by law afforded shall be cumulative and all shall be available to the Administrative Agent and the Secured Parties until the Indebtedness has been paid in full.

Appears in 2 contracts

Samples: Pledge Agreement, Pledge Agreement (Vista Proppants & Logistics Inc.)

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No Waiver; Amendments; Cumulative Remedies. No delay or omission of the Administrative Collateral Agent or any Lender Secured Party to exercise any right or remedy granted under this Pledge Security Agreement shall impair such right or remedy or be construed to be a waiver of any Potential Default or an acquiescence therein, and any single or partial exercise of any such right or remedy shall not preclude any other or further exercise thereof or the exercise of any other right or remedy. Except in the case of releases of Collateral in accordance with Section 11.09 of the Credit Agreement, no No waiver, amendment or other variation of the terms, conditions or provisions of this Pledge Security Agreement whatsoever shall be valid unless in writing signed by the Administrative Collateral Agent (with the concurrence consent of the Required Lenders or, to the extent required by Section 11.1 [Modifications, Amendments or at Waivers] of the direction Credit Agreement, all of the Lenders required under Section 12.02 of and the Credit Agreement Issuing Lender (and in compliance with the Intercreditor Agreement)) and then only to the extent in such writing specifically set forth. All rights and remedies contained in this Pledge Security Agreement or by law afforded shall be cumulative and all shall be available to the Administrative Collateral Agent and until the Secured Parties until the Indebtedness has Obligations have been paid in full. No notice to or demand on any Grantor in any case shall entitle such Grantor or any other Grantor to any other or further notice or demand in similar or other circumstances.

Appears in 2 contracts

Samples: Credit Agreement (Stoneridge Inc), Credit Agreement (Stoneridge Inc)

No Waiver; Amendments; Cumulative Remedies. No delay or omission of the Administrative Agent Mortgagee or any Lender Secured Party to exercise any right or remedy granted under this Pledge Agreement Mortgage shall impair such right or remedy or be construed to be a waiver of any Default or an acquiescence therein, and any single or partial exercise of any such right or remedy shall not preclude any other or further exercise thereof or the exercise of any other right or remedy. Except in the case of releases of Collateral in accordance with Section 11.09 of the Credit Agreement, no No waiver, amendment or other variation of the terms, conditions or provisions of this Pledge Agreement Mortgage whatsoever shall be valid unless in writing signed by the Administrative Agent with the concurrence or at the direction of the Lenders required under Section 12.02 of the Credit Agreement Mortgagee and then only to the extent in such writing specifically set forth. All rights and remedies contained in this Pledge Agreement Mortgage or by law afforded shall be cumulative and all shall be available to the Administrative Agent Mortgagee and the Secured Parties until the Indebtedness has Obligations have been paid in full. No notice to or demand on Mortgagor in any case shall entitle Mortgagor to any other or further notice or demand in similar or other circumstances.

Appears in 2 contracts

Samples: Indenture (Edgen Group Inc.), Indenture (Edgen Murray II, L.P.)

No Waiver; Amendments; Cumulative Remedies. No delay or omission of the Administrative Agent or any Lender to exercise any right or remedy granted under this Pledge Agreement shall impair such right or remedy or be construed to be a waiver of any Default or an acquiescence therein, and any single or partial exercise of any such right or remedy shall not preclude any other or further exercise thereof or the exercise of any other right or remedy. Except No notice to or demand on any Grantor in the any case shall, of releases of Collateral itself, entitle such Grantor to any other or further notice or demand in accordance with Section 11.09 of the Credit Agreement, no similar or other circumstances. No waiver, amendment or other variation of the terms, conditions or provisions of this Pledge Agreement whatsoever shall be valid unless in writing signed by the Administrative Agent with the concurrence or at the direction of the Lenders required under Section 12.02 of the Credit Agreement and then only to the extent in such writing specifically set forth. All rights and remedies contained in this Pledge Agreement or by law afforded shall be cumulative and all shall be available to the Administrative Agent and the Secured Parties until the Indebtedness has have been paid in fullPaid In Full.

Appears in 2 contracts

Samples: Guaranty and Pledge Agreement (Approach Resources Inc), Credit Agreement (Approach Resources Inc)

No Waiver; Amendments; Cumulative Remedies. No delay or omission of the Administrative Collateral Agent or any Lender Secured Party to exercise any right or remedy granted under this Pledge Security Agreement shall impair such right or remedy or be construed to be a waiver of any Default or an acquiescence therein, and any single or partial exercise of any such right or remedy shall not preclude any other or further exercise thereof or the exercise of any other right or remedy. Except in the case of releases of Collateral in accordance with Section 11.09 of the Credit Agreement, no No waiver, amendment or other variation of the terms, conditions or provisions of this Pledge Security Agreement whatsoever shall be valid unless in writing signed by the Administrative Collateral Agent with the concurrence or at the direction of the Lenders required under Section 12.02 of the Credit Agreement and then only to the extent in such writing specifically set forth. All rights and remedies contained in this Pledge Security Agreement or by law afforded shall be cumulative and all shall be available to the Administrative Collateral Agent and the Secured Parties until the Indebtedness has Secured Obligations have been paid in fullfull (other than contingent indemnification obligations for which no claim has been made and Letters of Credit which have been terminated, cash-collateralized or back-stopped in a manner acceptable to the Collateral Agent and the Issuing Bank in their reasonable discretion).

Appears in 1 contract

Samples: Pledge and Security Agreement (Chefs' Warehouse, Inc.)

No Waiver; Amendments; Cumulative Remedies. No delay or omission of the Administrative Agent or any Lender Secured Party to exercise any right or remedy granted under this Pledge Security Agreement shall impair such right or remedy or be construed to be a waiver of any Default or an acquiescence therein, and any single or partial exercise of any such right or remedy shall not preclude any other or further exercise thereof or the exercise of any other right or remedy. Except in the case of releases of Collateral in accordance with Section 11.09 of the Credit Agreement, no No waiver, amendment or other variation of the terms, conditions or provisions of this Pledge Security Agreement whatsoever shall be valid unless in writing signed by the Administrative Agent with the concurrence or at the direction of the Lenders required under Section 12.02 9.02 of the Credit Agreement (and in compliance with the Intercreditor Agreement) and then only to the extent in such writing specifically set forth. All rights and remedies contained in this Pledge Security Agreement or by law afforded shall be cumulative and all shall be available to the Administrative Agent and the Secured Parties until the Indebtedness has Secured Obligations have been paid in full. No notice to or demand on any Grantor in any case shall entitle such Grantor or any other Grantor to any other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Pledge and Security Agreement (Smithfield Foods Inc)

No Waiver; Amendments; Cumulative Remedies. No delay or omission of the Administrative Agent Noteholder Representative or any Lender Noteholder to exercise any right or remedy granted under this Pledge and Security Agreement shall impair such right or remedy or be construed to be a waiver of any Default or an acquiescence therein, and any single or partial exercise of any such right or remedy shall not preclude any other or further exercise thereof or the exercise of any other right or remedy. Except in the case of releases of Collateral in accordance with Section 11.09 of the Credit Agreement, no No waiver, amendment or other variation of the terms, conditions or provisions of this Pledge and Security Agreement whatsoever shall be valid unless in writing signed by the Administrative Agent Noteholder Representative with the concurrence or at the direction of the Lenders Noteholders to the extent required under Section 12.02 17 of the Credit Note Purchase Agreement and then only to the extent in such writing specifically set forth. All rights and remedies contained in this Pledge and Security Agreement or by law afforded shall be cumulative and all shall be available to the Administrative Agent Noteholder Representative and the Secured Parties until the Indebtedness has Notes Obligations have been paid in full.

Appears in 1 contract

Samples: Pledge and Security Agreement (Tetra Technologies Inc)

No Waiver; Amendments; Cumulative Remedies. No delay or omission of the Administrative Agent or any Lender Secured Party to exercise any right or remedy granted under this Pledge Security Agreement shall impair such right or remedy or be construed to be a waiver of any Default or an acquiescence therein, and any single or partial exercise of any such right or remedy shall not preclude any other or further exercise thereof or the exercise of any other right or remedy. Except in for the case execution and delivery of releases of Collateral in accordance with a Joinder Agreement pursuant to Section 11.09 5.13 of the Credit AgreementAgreement and Section 8.16 hereof, no waiver, amendment or other variation of the terms, conditions or provisions of this Pledge Security Agreement whatsoever shall be valid unless in writing signed by the Administrative Agent with the concurrence or at the direction of the Lenders required under Section 12.02 9.02 of the Credit Agreement (and in compliance with the Intercreditor Agreement) and then only to the extent in such writing specifically set forth. All rights and remedies contained in this Pledge Security Agreement or by law afforded shall be cumulative and all shall be available to the Administrative Agent and the Secured Parties until the Indebtedness has Secured Obligations have been paid in full. No notice to or demand on any Grantor in any case shall entitle such Grantor or any other Grantor to any other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Pledge and Security Agreement (Smithfield Foods Inc)

No Waiver; Amendments; Cumulative Remedies. No delay or omission of the Administrative Agent or any Lender to exercise any right or remedy granted under this Pledge Security Agreement shall impair such right or remedy or be construed to be a waiver of any Event of Default or an acquiescence therein, and any single or partial exercise of any such right or remedy shall not preclude any other or further exercise thereof or the exercise of any other right or remedy. Except in the case of releases of Collateral in accordance with Section 11.09 of the Credit Agreement, no No waiver, amendment or other variation of the terms, conditions or provisions of this Pledge Security Agreement whatsoever shall be valid unless in writing signed by the Administrative Agent with the concurrence or at the direction of the Lenders required under Section 12.02 of the Credit Agreement Lender and then only to the extent in such writing specifically set forth. All rights and remedies contained in this Pledge Security Agreement or by law afforded shall be cumulative and all shall be available to the Administrative Agent and the Secured Parties Lender until the Indebtedness has Guaranteed Obligations have been paid in full. All rights, agreements, and covenants of, and waivers given by, Grantor in this Security are in addition to any and all rights, agreements, covenants, and waivers in the Prior Security Agreements.

Appears in 1 contract

Samples: Credit Agreement (Supreme Industries Inc)

No Waiver; Amendments; Cumulative Remedies. No delay or omission of the Administrative Agent or any Lender to exercise any right or remedy granted under this Parent Pledge Agreement shall impair such right or remedy or be construed to be a waiver of any Default or an acquiescence therein, and any single or partial exercise of any such right or remedy shall not preclude any other or further exercise thereof or the exercise of any other right or remedy. Except in the case of releases of Collateral in accordance with Section 11.09 of the Credit Agreement, no No waiver, amendment or other variation of the terms, conditions or provisions of this Parent Pledge Agreement whatsoever (other than any Amendment) shall be valid unless in writing signed by the Administrative Agent with the concurrence or at the direction of the Lenders required under Section 12.02 11.10 of the Credit Agreement and then only to the extent in such writing specifically set forth. All rights and remedies contained in this Parent Pledge Agreement or by law afforded shall be cumulative and all shall be available to the Administrative Agent and the Secured Parties until the Indebtedness has Obligations have been paid in full.

Appears in 1 contract

Samples: Pledge and Limited Guaranty Agreement (FlexEnergy Green Solutions, Inc.)

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No Waiver; Amendments; Cumulative Remedies. No delay or omission of the Administrative Agent or any Lender other Secured Party to exercise any right or remedy granted under this Pledge Security Agreement shall impair such right or remedy or be construed to be a waiver of any Default or an acquiescence therein, and any single or partial exercise of any such right or remedy shall not preclude any other or further exercise thereof or the exercise of any other right or remedy. Except in the case of releases of Collateral in accordance with Section 11.09 of the Credit Agreement, no No waiver, amendment or other variation of the terms, conditions or provisions of this Pledge Security Agreement whatsoever shall be valid unless in writing signed by the Administrative Agent with the concurrence or at the direction of the Lenders required under Section 12.02 of the Credit Agreement and each Grantor and then only to the extent in such writing specifically set forth; provided that, the addition of any Subsidiary as a Grantor hereunder pursuant to Section 8.21 shall not require receipt of any consent from or execution of any documentation by any other Grantor party hereto. All rights and remedies contained in this Pledge Security Agreement or by law afforded shall be cumulative and all shall be available to the Administrative Agent and the other Secured Parties until the Indebtedness has Secured Obligations have been paid in full.

Appears in 1 contract

Samples: Credit Agreement (Ethan Allen Interiors Inc)

No Waiver; Amendments; Cumulative Remedies. No delay or omission of the Administrative Agent or any Lender other Secured Party to exercise any right or remedy granted under this Pledge Security Agreement shall impair such right or remedy or be construed to be a waiver of any Default or an acquiescence therein, and any single or partial exercise of any such right or remedy shall not preclude any other or further exercise thereof or the exercise of any other right or remedy. Except in the case of releases of Collateral in accordance with Section 11.09 of the Credit Agreement, no No waiver, amendment or other variation of the terms, conditions or provisions of this Pledge Security Agreement whatsoever shall be valid unless in writing signed by the Administrative Agent with the concurrence or at the direction of the Lenders required under Section 12.02 of the Credit Agreement and each Grantor and then only to the extent in such writing specifically set forth; provided that, the addition of any Subsidiary as a Grantor hereunder pursuant to Section 8.21 shall not require receipt of any consent from or execution of any documentation by any other Grantor party hereto. All rights and remedies contained in this Pledge Security Agreement or by law afforded shall be cumulative and all shall be available to the Administrative Agent and the other Secured Parties until the Indebtedness has Secured Obligations have been paid Paid in fullFull.

Appears in 1 contract

Samples: Credit Agreement (Ethan Allen Interiors Inc)

No Waiver; Amendments; Cumulative Remedies. No delay or omission of the Administrative Collateral Agent or any Lender Secured Party to exercise any right or remedy granted under this Pledge Security Agreement shall impair such right or remedy or be construed to be a waiver of any Default or an acquiescence therein, and any single or partial exercise of any such right or remedy shall not preclude any other or further exercise thereof or the exercise of any other right or remedy. Except in the case of releases of Collateral in accordance with Section 11.09 of the Credit Agreement, no No waiver, amendment or other variation of the terms, conditions or provisions of this Pledge Security Agreement whatsoever shall be valid unless in writing signed by the Administrative Collateral Agent (and in compliance with the concurrence or at the direction of the Lenders required under Section 12.02 of the Credit Agreement Intercreditor Agreements) and then only to the extent in such writing specifically set forth. All rights and remedies contained in this Pledge Security Agreement or by law afforded shall be cumulative and all shall be available to the Administrative Collateral Agent and the Secured Parties until the Indebtedness has Secured Obligations have been paid in full. No notice to or demand on any Grantor in any case shall entitle such Grantor or any other Grantor to any other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Indenture (EM Holdings LLC)

No Waiver; Amendments; Cumulative Remedies. No delay or omission of the Administrative Agent or any Lender Secured Party to exercise any right or remedy granted under this Pledge Security Agreement shall impair such right or remedy or be construed to be a waiver of any Default or an acquiescence therein, and any single or partial exercise of any such right or remedy shall not preclude any other or further exercise thereof or the exercise of any other right or remedy. Except in for the case execution and delivery of releases of Collateral in accordance with a Joinder Agreement pursuant to Section 11.09 5.14 of the Credit AgreementAgreement and Section 8.16 hereof, no waiver, amendment or other variation of the terms, conditions or provisions of this Pledge Security Agreement whatsoever shall be valid unless in writing signed by the Administrative Agent with the concurrence or at the direction of the Lenders required under Section 12.02 9.02 of the Credit Agreement (and in compliance with the Intercreditor Agreement) and then only to the extent in such writing specifically set forth. All rights and remedies contained in this Pledge Security Agreement or by law afforded shall be cumulative and all shall be available to the Administrative Agent and the Secured Parties until the Indebtedness has Secured Obligations have been paid in full. No notice to or demand on any Grantor in any case shall entitle such Grantor or any other Grantor to any other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Pledge and Security Agreement (Smithfield Foods Inc)

No Waiver; Amendments; Cumulative Remedies. No delay or omission of the Administrative Collateral Agent or any Lender Secured Party to exercise any right or remedy granted under this Pledge Security Agreement shall impair such right or remedy or be construed to be a waiver of any Default or an acquiescence therein, and any single or partial exercise of any such right or remedy shall not preclude any other or further exercise thereof or the exercise of any other right or remedy. Except in the case of releases of Collateral in accordance with Section 11.09 of the Credit Agreement, no No waiver, amendment or other variation of the terms, conditions or provisions of this Pledge Security Agreement whatsoever shall be valid unless in writing signed by the Administrative Collateral Agent in accordance with the concurrence or at the direction provisions of the Lenders required under Section 12.02 of Term Debt Intercreditor Agreement (and in compliance with the Credit Agreement Intercreditor Agreement) and then only to the extent in such writing specifically set forth. All rights and remedies contained in this Pledge Security Agreement or by law afforded shall be cumulative and all shall be available to the Administrative Collateral Agent and the Secured Parties until the Indebtedness has Secured Obligations have been paid in full. No notice to or demand on any Grantor in any case shall entitle such Grantor or any other Grantor to any other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Pledge and Security Agreement (Smithfield Foods Inc)

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