No Waiver By Conduct; Remedies Cumulative. No course of dealing on the part of the Agent or the Lenders, nor any delay or failure on the part of the Agent or the Lenders in exercising any right, power or privilege hereunder or under this Agreement or any other Loan Documents shall operate as a waiver of such rights, power or privilege or otherwise prejudice their rights and remedies hereunder or under this Agreement or any other Loan Document; nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege. No right or remedy conferred upon or reserved to the Agent or the Lenders under this Agreement or under any other Loan Document is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative and in addition to every other right or remedy granted thereunder or now or hereafter existing under any applicable law. Every right and remedy granted by this Agreement or under any other Loan Document or by applicable law to the Agent or the Lenders may be exercised from time to time and as often as may be deemed expedient by the Agent or the Lenders and, unless contrary to the express provisions of this Agreement or the other Loan Documents, irrespective of the occurrence or continuance of any Default or Event of Default.
Appears in 5 contracts
Samples: Revolving Credit Agreement (Ag-Chem Equipment Co Inc), Short Term Revolving Credit Agreement (Ag-Chem Equipment Co Inc), Short Term Revolving Credit Agreement (Ag-Chem Equipment Co Inc)
No Waiver By Conduct; Remedies Cumulative. No course of dealing on the part of the Agent or the Lenders, nor any delay or failure on the part of the Agent or the Lenders in exercising any right, power or privilege hereunder or under this Agreement or any other Loan Documents Document shall operate as a waiver of such rightsright, power or privilege or otherwise prejudice their the Agent’s or the Lenders’ rights and remedies hereunder or under this Agreement or any other Loan Document; nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege. No right or remedy conferred upon or reserved to the Agent or the Lenders under this Agreement or under any other Loan Document Document, is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative and in addition to every other right or remedy granted thereunder or now or hereafter existing under any applicable law. Every right and remedy granted by this Agreement or under any other Loan Document or by applicable law to the Agent or the Lenders may be exercised from time to time and as often as may be deemed expedient by the Agent or the Lenders and, unless contrary to the express provisions of this Agreement or the other Loan Documents, irrespective of the occurrence or continuance of any Default or Event of DefaultLenders.
Appears in 4 contracts
Samples: Credit Agreement, Credit Agreement (QC Holdings, Inc.), Credit Agreement (QC Holdings, Inc.)
No Waiver By Conduct; Remedies Cumulative. No course of dealing on the part of the Agent or the Lendersany Bank, nor any delay or failure on the part of the Agent or the Lenders any Bank in exercising any right, power or privilege hereunder or under this Agreement or any other Loan Documents shall operate as a waiver of such rightsright, power or privilege or otherwise prejudice their the Agent's or such Bank's rights and remedies hereunder or under this Agreement or any other Loan Documenthereunder; nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege. No right or remedy conferred upon or reserved to the Agent or the Lenders any Bank under this Agreement Agreement, the Notes or under any other Loan Security Document is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative and in addition to every other right or remedy granted thereunder or now or hereafter existing under any applicable law. Every right and remedy granted by this Agreement Agreement, the Notes or under any other Loan Security Document or by applicable law to the Agent or the Lenders any Bank may be exercised from time to time and as often as may be deemed expedient by the Agent or the Lenders any Bank and, unless contrary to the express provisions of this Agreement Agreement, the Notes or the other Loan Documentsany Security Document, irrespective of the occurrence or continuance of any Default or Event of Default.
Appears in 3 contracts
Samples: Credit and Intercreditor Agreement (Amcast Industrial Corp), Credit and Intercreditor Agreement (Amcast Industrial Corp), Credit Agreement (National Wine & Spirits Inc)
No Waiver By Conduct; Remedies Cumulative. No course of dealing on the part of the Agent or the Lendersany Lender, nor any delay or failure on the part of the Agent or the Lenders any Lender in exercising any right, power or privilege hereunder or under this Agreement or any other Loan Documents shall operate as a waiver of such rightsright, power or privilege or otherwise prejudice their the Agent's or such Lender's rights and remedies hereunder or under this Agreement or any other Loan Documenthereunder; nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege. No right or remedy conferred upon or reserved to the Agent or the Lenders any Lender under this Agreement Agreement, the Notes or under any other Loan Security Document is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative and in addition to every other right or remedy granted thereunder or now or hereafter existing under any applicable law. Every right and remedy granted by this Agreement Agreement, the Notes or under any other Loan Security Document or by applicable law to the Agent or the Lenders any Lender may be exercised from time to time and as often as may be deemed expedient by the Agent or the Lenders any Lender and, unless contrary to the express provisions of this Agreement Agreement, the Notes or the other Loan Documentsany Security Document, irrespective of the occurrence or continuance of any Default or Event of Default.
Appears in 2 contracts
Samples: Credit Agreement (Aetna Industries Inc), Credit Agreement (MS Acquisition)
No Waiver By Conduct; Remedies Cumulative. No course of dealing on the part of the Agent or the LendersBanks, nor any delay or failure on the part of the Agent or the Lenders Banks in exercising any right, power or privilege hereunder or under this Agreement or any other Loan Documents Document shall operate as a waiver of such rightsright, power or privilege or otherwise prejudice their the Agent’s or the Banks’ rights and remedies hereunder or under this Agreement or any other Loan Document; nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege. No right or remedy conferred upon or reserved to the Agent or the Lenders Banks under this Agreement or under any other Loan Document Document, is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative and in addition to every other right or remedy granted thereunder or now or hereafter existing under any applicable law. Every right and remedy granted by this Agreement or under any other Loan Document or by applicable law to the Agent or the Lenders Banks may be exercised from time to time and as often as may be deemed expedient by the Agent or the Lenders and, unless contrary to the express provisions of this Agreement or the other Loan Documents, irrespective of the occurrence or continuance of any Default or Event of DefaultBanks.
Appears in 1 contract
Samples: Credit Agreement (QC Holdings, Inc.)
No Waiver By Conduct; Remedies Cumulative. No course of dealing on the part of the either Agent or the Lendersany Lender, nor any delay or failure on the part of the either Agent or the Lenders any Lender in exercising any right, power or privilege hereunder or under this Agreement or any other Loan Documents shall operate as a waiver of such rightsright, power or privilege or otherwise prejudice their either Agent's or such Lender's rights and remedies hereunder or under this Agreement or any other Loan Documenthereunder; nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege. No right or remedy conferred upon or reserved to the either Agent or the Lenders any Lender under this Agreement Agreement, the Notes or under any other Loan Security Document is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative and in addition to every other right or remedy granted thereunder or now or hereafter existing under any applicable law. Every right and remedy granted by this Agreement Agreement, the Notes or under any other Loan Security Document or by applicable law to the either Agent or the Lenders any Lender may be exercised from time to time and as often as may be deemed expedient by the either Agent or the Lenders any Lender and, unless contrary to the express provisions of this Agreement Agreement, the Notes or the other Loan Documentsany Security Document, irrespective of the occurrence or continuance of any Default Unmatured Event or Event of Default.
Appears in 1 contract
Samples: Loan Agreement (Iae Inc)
No Waiver By Conduct; Remedies Cumulative. No course of dealing on the part of the Administrative Agent or the Lendersany Lender, nor any delay or failure on the part of the Administrative Agent or the Lenders any Lender in exercising any right, power or privilege hereunder or under this Agreement or any other Loan Documents shall operate as a waiver of such rightsright, power or privilege or otherwise prejudice their the Administrative Agent's or such Lender's rights and remedies hereunder or under this Agreement or any other Loan Documenthereunder; nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege. No right or remedy conferred upon or reserved to the Administrative Agent or the Lenders any Lender under this Agreement Agreement, any of the Notes, or under any other Loan Document Guaranty is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative and in addition to every other right or remedy granted thereunder or now or hereafter existing under any applicable law. Every right and remedy granted by this Agreement or under Agreement, any other Loan Document of the Notes, any Guaranty, or by applicable law to the Administrative Agent or the Lenders any Lender may be exercised from time to time and as often as may be deemed expedient by the Administrative Agent or the Lenders any Lender and, unless contrary to the express provisions of this Agreement Agreement, the Notes, or the other Loan Documentsany Guaranty, irrespective of the occurrence or continuance of any Default or Event of Default.
Appears in 1 contract
Samples: Short Term Credit Agreement (National Auto Credit Inc /De)
No Waiver By Conduct; Remedies Cumulative. No course of dealing on the part of the Administrative Agent or the Lendersany Bank, nor any delay or failure on the part of the Administrative Agent or the Lenders any Bank in exercising any right, power or privilege hereunder or under this Agreement or any other Loan Documents hereunder, shall operate as a waiver of such rightsright, power or privilege or otherwise prejudice their the Administrative Agent's or such Bank's rights and remedies hereunder or under this Agreement or any other Loan Documenthereunder; nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No right or remedy conferred upon or reserved to the Administrative Agent or the Lenders any Bank under this Agreement Agreement, any promissory note issued hereunder or under any other Loan Support Document is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative and in addition to every other right or remedy granted thereunder or now or hereafter existing under any applicable law. Every right and remedy granted by this Agreement Agreement, any promissory note issued hereunder or under any other Loan Support Document or by applicable law to the Administrative Agent or the Lenders any Bank may be exercised from time to time and as often as may be deemed expedient by the Administrative Agent or the Lenders any Bank and, unless contrary to the express provisions of this Agreement Agreement, any promissory note issued hereunder or the other Loan Documentsany Support Document, irrespective of the occurrence or continuance of any Default or Event of Default.
Appears in 1 contract
Samples: Credit Agreement (Cambrex Corp)
No Waiver By Conduct; Remedies Cumulative. No course of dealing on the part of the Agent Agent, the LC Issuer or the Lendersany Bank, nor any delay or failure on the part of the Agent Agent, the LC Issuer or the Lenders any Bank in exercising any right, power or privilege hereunder or under this Agreement or any other Loan Documents shall operate as a waiver of such rightsright, power or privilege or otherwise prejudice their the Agent's, the LC Issuer's or such Bank's rights and remedies hereunder or under this Agreement or any other Loan Documenthereunder; nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege. No right or remedy conferred upon or reserved to the Agent Agent, the LC Issuer or any Bank under the Lenders under this Agreement or under any other Loan Document Documents is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative and in addition to every other right or remedy granted thereunder or now or hereafter existing under any applicable law. Every right and remedy granted by this Agreement or under any other the Loan Document Documents or by applicable law to the Agent Agent, the LC Issuer or the Lenders any Bank may be exercised from time to time and as often as may be deemed expedient by the Agent Agent, the LC Issuer or the Lenders any Bank and, unless contrary to the express provisions of this Agreement or the other Loan Documents, irrespective of the occurrence or continuance of any Default or Event of Default.
Appears in 1 contract
No Waiver By Conduct; Remedies Cumulative. No course of dealing on the part of the Agent or the Lendersany Bank, nor any delay or failure on the part of the Agent or the Lenders any Bank in exercising any right, power or privilege hereunder or under this Agreement or any other Loan Documents shall operate as a waiver of such rightsright, power or privilege or otherwise prejudice their the Agent's or such Bank's rights and remedies hereunder or under this Agreement or any other Loan Documenthereunder; nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege. No right or remedy conferred upon or reserved to the Agent or the Lenders any Bank under this Agreement Agreement, the Notes or under any other Loan Document is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative cumulative, except as limited by this Agreement, and in addition to every other right or remedy granted thereunder or now or hereafter existing under any applicable law. Every right and remedy granted by this Agreement Agreement, the Notes or under any other Loan Document or by applicable law to the Agent or the Lenders any Bank may be exercised from time to time and as often as may be deemed expedient by the Agent or the Lenders any Bank and, unless contrary to the express provisions of this Agreement Agreement, the Notes or the such other Loan DocumentsDocument, irrespective of the occurrence or continuance of any Default or Event of Default.
Appears in 1 contract
Samples: Credit Agreement (Handleman Co /Mi/)
No Waiver By Conduct; Remedies Cumulative. No course of dealing on the part of the Agent or the LendersLender, nor any delay delay, omission or failure on the part of the Agent or the Lenders Lender in exercising any right, power remedy, power, option or privilege hereunder or under this Agreement or any other Loan Documents hereunder, shall operate as a waiver of such rightsor any other right, power remedy, power, option or privilege or of any Default or Event of Default or otherwise prejudice their the Lender’s rights and remedies hereunder or under this Agreement or any other Loan Documenthereunder; nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege. No right or remedy conferred upon or reserved to the Agent or the Lenders under this Agreement or Lender under any other Loan Document is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative and in addition to every other right or remedy granted thereunder or now or hereafter existing under any applicable law. Every right and remedy granted by this Agreement or under any other Loan Document or by applicable law to the Agent or the Lenders Lender may be exercised from time to time and as often as may be deemed expedient by the Agent or the Lenders and, unless contrary to the express provisions of this Agreement or the other Loan Documents, irrespective of the occurrence or continuance of any Default or Event of DefaultLender.
Appears in 1 contract
Samples: Credit and Security Agreement (Eastside Distilling, Inc.)
No Waiver By Conduct; Remedies Cumulative. No course of dealing on the part of the Agent or the Lendersany Bank, nor any delay or failure on the part of the Agent or the Lenders any Bank in exercising any right, power or privilege hereunder or under this Agreement or any other Loan Documents shall operate as a waiver of such rightsright, power or privilege or otherwise prejudice their the Agent’s or such Bank’s rights and remedies hereunder or under this Agreement or any other Loan Documenthereunder; nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege. No right or remedy conferred upon or reserved to the Agent or the Lenders any Bank under this Agreement Agreement, the Notes or under any other Loan Document is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative cumulative, except as limited by this Agreement, and in addition to every other right or remedy granted thereunder or now or hereafter existing under any applicable law. Every right and remedy granted by this Agreement Agreement, the Notes or under any other Loan Document or by applicable law to the Agent or the Lenders any Bank may be exercised from time to time and as often as may be deemed expedient by the Agent or the Lenders any Bank and, unless contrary to the express provisions of this Agreement Agreement, the Notes or the such other Loan DocumentsDocument, irrespective of the occurrence or continuance of any Default or Event of Default.
Appears in 1 contract
Samples: Credit Agreement (Handleman Co /Mi/)