No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasers, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 213 contracts
Samples: Securities Purchase Agreement (Blackboxstocks Inc.), Securities Purchase Agreement (Inpixon), Subsidiary Guarantee (High Wire Networks, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Administrative Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 132 contracts
Samples: Abl Credit Agreement (Cumulus Media Inc), Credit Agreement (Thermon Group Holdings, Inc.), Guarantee and Collateral Agreement (Air Transport Services Group, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)9.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Administrative Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 17 contracts
Samples: Guarantee and Collateral Agreement (Scotts Miracle-Gro Co), Credit Agreement (Scotts Miracle-Gro Co), Guarantee and Collateral Agreement (Scotts Miracle-Gro Co)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)6.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Administrative Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 14 contracts
Samples: 5 Year Revolving Credit Agreement (NuStar Energy L.P.), Term Loan Credit Agreement (NuStar Energy L.P.), Credit Agreement (Hanger, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)5.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Administrative Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 14 contracts
Samples: Term Loan Facility (Synopsys Inc), Credit Agreement (Synopsys Inc), Credit Agreement (Synopsys Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Trustee nor any Holder shall not by any act (except by a written instrument pursuant to Section 5(a)3.01), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event event of Defaultdefault. No failure to exercise, nor any delay in exercising, on the part of the PurchasersTrustee or any Holder, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Trustee or any Holder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Trustee or any Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 13 contracts
Samples: Guarantee Agreement, Guarantee Agreement (Ally Us LLC), Guarantee Agreement (Gmac International Holdings B.V.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)4.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Administrative Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 13 contracts
Samples: Credit Agreement (Henry Schein Inc), Credit Agreement (AV Homes, Inc.), Credit Agreement (Henry Schein Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Purchaser shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersPurchaser, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Purchaser of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Purchaser would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 13 contracts
Samples: Subsidiary Guarantee (NightFood Holdings, Inc.), Subsidiary Guarantee (Gaming Technologies, Inc.), Subsidiary Guarantee (Xenetic Biosciences, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Lender shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 11 contracts
Samples: Subsidiary Guarantee (Hub Cyber Security Ltd.), Guaranty Agreement (Universal Property Development & Acquisition Corp), Guaranty Agreement (Universal Property Development & Acquisition Corp)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers None of the Agents or the Lenders shall not by any act (except by a written instrument pursuant to Section 5(a)9.01), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasersany Agent or Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers any Agent or Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers such Agent or Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 11 contracts
Samples: Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (B. Riley Financial, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)3.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Administrative Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 10 contracts
Samples: Credit Agreement, Credit Agreement (NBCUniversal Media, LLC), Credit Agreement (Comcast Corp)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Secured Parties shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersSecured Parties, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Secured Parties of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Secured Parties would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 10 contracts
Samples: Subsidiary Guarantee (Black Cactus Global, Inc.), Subsidiary Guarantee (Biotech Products Services & Research, Inc.), Subsidiary Guarantee (DSG Global Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)4.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Administrative Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 8 contracts
Samples: Credit Agreement (Tapestry, Inc.), Credit Agreement (Ralph Lauren Corp), Credit Agreement (Coach Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Agent shall not by any act (except by a written instrument pursuant to Section 5(a)6.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasers, Agent any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Agent of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Agent would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 8 contracts
Samples: Credit Agreement (Cadiz Inc), Security Agreement (Cadiz Inc), Credit Agreement (Cadiz Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)7.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, exercising on the part of the PurchasersAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Administrative Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 8 contracts
Samples: Credit Agreement (Hhgregg, Inc.), Credit Agreement (Tuesday Morning Corp/De), Collateral Agreement (Hhgregg, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasers, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 7 contracts
Samples: Subsidiary Guarantee (Elicio Therapeutics, Inc.), Subsidiary Guarantee (Fathom Holdings Inc.), Subsidiary Guarantee (Fathom Holdings Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAgent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 7 contracts
Samples: Credit Agreement (Enbridge Energy Partners Lp), Credit Agreement (Midcoast Energy Partners, L.P.), Guarantee and Collateral Agreement (Sears Holdings CORP)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Lender shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 7 contracts
Samples: Guarantee and Security Agreement (UFood Restaurant Group, Inc.), Guarantee and Collateral Agreement (Virtus Investment Partners, Inc.), Guarantee and Collateral Agreement (Printcafe Software Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)7.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Administrative Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 6 contracts
Samples: Security Agreement (Gannett Co., Inc.), Credit Agreement (Genzyme Corp), Collateral Agreement (Harvard Industries Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)4.2), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, exercising on the part of the PurchasersAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Administrative Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 6 contracts
Samples: Credit Agreement (Family Dollar Stores Inc), Credit Agreement (Family Dollar Stores Inc), Credit Agreement (Family Dollar Stores Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the --------------------------------------------------- Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Administrative Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 6 contracts
Samples: Guarantee and Collateral Agreement (Bedding Experts Inc), Guarantee and Collateral Agreement (Act Manufacturing Inc), Guarantee and Collateral Agreement (Nationwide Credit Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Documents, including any Event of DefaultDefault (as defined in the Notes). No failure to exercise, nor any delay in exercising, on the part of the Purchasers, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 6 contracts
Samples: Share Exchange Agreement (Giga Tronics Inc), Share Exchange Agreement (Giga Tronics Inc), Securities Purchase Agreement (Delcath Systems, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)3.01), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Administrative Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 6 contracts
Samples: Term Loan Credit Agreement (NBCUniversal Media, LLC), Guarantee Agreement, Term Loan Credit Agreement (NBCUniversal Media, LLC)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of DefaultDefault (as defined in the Notes). No failure to exercise, nor any delay in exercising, on the part of the Purchasers, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 6 contracts
Samples: Subsidiary Guarantee (Digital Ally, Inc.), Subsidiary Guarantee (Isun, Inc.), Subsidiary Guarantee (CENNTRO ELECTRIC GROUP LTD)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Purchaser shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasers, Purchaser any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Purchaser of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Purchaser would otherwise have on any future occasion. The rights and remedies provided herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 6 contracts
Samples: Subsidiary Guarantee (Adamis Pharmaceuticals Corp), Subsidiary Guarantee (Adamis Pharmaceuticals Corp), Subsidiary Guarantee (Casita Enterprises, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Lenders shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersLenders, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Lenders of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Lenders would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 5 contracts
Samples: Guarantee (Calpian, Inc.), Guarantee (Excel Corp), Guarantee (Calpian, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the General Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersGeneral Administrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers General Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers General Administrative Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 5 contracts
Samples: Guarantee and Collateral Agreement (SMTC Corp), Credit Agreement (Safety Kleen Corp/), Credit Agreement (Safety Kleen Corp/)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Collateral Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)8.1 above), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersCollateral Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Collateral Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Collateral Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 5 contracts
Samples: First Lien Guarantee and Collateral Agreement (PGA Holdings, Inc.), First Lien Credit Agreement (PGA Holdings, Inc.), First Lien Guarantee and Collateral Agreement (PGA Holdings, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasers, Purchasers any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers would otherwise have on any future occasion. The rights and remedies provided herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 5 contracts
Samples: Subsidiary Guarantee (AtheroNova Inc.), Subsidiary Guarantee (AtheroNova Inc.), Subsidiary Guarantee (Adamis Pharmaceuticals Corp)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Lender shall not by any act (except by a written instrument pursuant to Section 5(a)4.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, exercising on the part of the PurchasersLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 5 contracts
Samples: Guaranty Agreement (Afp Imaging Corp), Guaranty Agreement (Aftersoft Group), Guaranty Agreement (Ucn Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Secured Parties shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersSecured Parties, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power power, or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power power, or privilege. A waiver by the Purchasers Secured Parties of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Secured Parties would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 4 contracts
Samples: Subsidiary Guarantee (Cardax, Inc.), Subsidiary Guarantee (Helix TCS, Inc.), Subsidiary Guarantee (Helix TCS, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Administrative Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 4 contracts
Samples: Guarantee and Collateral Agreement (Tenneco Inc), Credit Agreement (Tenneco Inc), Guarantee and Collateral Agreement (Tenneco Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers No Agent or Lender shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers such Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 4 contracts
Samples: Guarantee and Collateral Agreement (Paperweight Development Corp), Guarantee and Collateral Agreement (Paperweight Development Corp), Guarantee and Collateral Agreement (Appleton Papers Inc/Wi)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Collateral Agent shall not by any act (except by a written instrument pursuant to Section 5(a)4.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersCollateral Agent, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Collateral Agent of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Collateral Agent would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 4 contracts
Samples: Credit Agreement (Iac/Interactivecorp), Credit Agreement (Iac/Interactivecorp), Credit Agreement (Match Group, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Purchaser shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Agreements or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersPurchaser, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Purchaser of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Purchaser would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 4 contracts
Samples: Parent Guarantee, Purchase Agreement (Polymet Mining Corp), Parent Guarantee (Polymet Mining Corp)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Purchaser shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission omission, or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersPurchaser, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power power, or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power power, or privilege. A waiver by the Purchasers Purchaser of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Purchasers Purchaser would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 4 contracts
Samples: Subsidiary Guarantee (POSITIVEID Corp), Subsidiary Guarantee (POSITIVEID Corp), Subsidiary Guarantee (POSITIVEID Corp)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers No Agent or Lender shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasersany Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers any Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Administrative Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 4 contracts
Samples: Guarantee and Collateral Agreement (Scientific Games Corp), Guarantee and Collateral Agreement (Scientific Games Corp), Guarantee and Collateral Agreement (Scientific Games Corp)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Secured Parties shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersSecured Parties, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Secured Parties of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers any Secured Party would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 3 contracts
Samples: Subsidiary Guarantee (LiveXLive Media, Inc.), Subsidiary Guarantee (LiveXLive Media, Inc.), Subsidiary Guarantee (JRjr33, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Trustee nor any Holder shall not by any act (except by a written instrument pursuant to Section 5(a)3.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event event of Defaultdefault. No failure to exercise, nor any delay in exercising, on the part of the PurchasersTrustee or any Holder, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Trustee or any Holder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Trustee or any Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 3 contracts
Samples: Guarantee Agreement (Gmac International Holdings B.V.), Guarantee Agreement (Gmac Inc.), Guarantee Agreement (Gmac LLC)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Lenders shall not by any act (except by a written instrument pursuant to Section 5(a)5.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersLenders, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Lenders of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Lenders would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 3 contracts
Samples: Parent Guarantee (Appliedtheory Corp), Subsidiary Guarantee (Appliedtheory Corp), Subsidiary Guarantee (Anc Rental Corp)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither Agent nor any Lender shall not by any act (except by a written instrument pursuant to in writing in accordance with Section 5(a)12.9), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default, as applicable. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAgent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (FiscalNote Holdings, Inc.), Amendment and Restatement Agreement (FiscalNote Holdings, Inc.), Loan and Security Agreement (Porch Group, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Purchaser shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of DefaultNote. No failure to exercise, nor any delay in exercising, on the part of the PurchasersPurchaser, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Purchaser of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Purchaser would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 3 contracts
Samples: Guaranty (Ault Alliance, Inc.), Guaranty (Alzamend Neuro, Inc.), Guaranty (Ault Alliance, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of DefaultDefault (as defined in the Notes). No failure to exercise, nor any delay in exercising, on the part of the Purchasersany Purchaser, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers any Purchaser of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers any Purchaser would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 3 contracts
Samples: Securities Purchase Agreement (TNL Mediagene), Securities Purchase Agreement (Blue Ocean Acquisition Corp), Securities Purchase Agreement (TNL Mediagene)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Collateral Agent shall not by any act (except by a written instrument pursuant to Section 5(a)), 12.1) of delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasers, Collateral Agent any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Collateral Agent of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Collateral Agent would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Proxim Corp), Securities Purchase Agreement (Proxim Corp), Securities Purchase Agreement (Proxim Corp)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Agents nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)7.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasersany Agent or Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers any Agent or Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers such Agent or Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by lawlaw or in any other Loan Document.
Appears in 2 contracts
Samples: Credit Agreement (Independence Contract Drilling, Inc.), Credit Agreement (Independence Contract Drilling, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Potential Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAgent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Revolving Credit Facility (Hovnanian Enterprises Inc), Security Agreement (Hovnanian Enterprises Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Lender --------------------------------------------------- shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (V I Technologies Inc), Credit Agreement (Lexar Media Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers shall not by any act (except by a written instrument pursuant to Section 5(a4(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasers, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Non Recourse Subsidiary Guarantee (Rodman & Renshaw Capital Group, Inc.), Subsidiary Guarantee (Global Diversified Industries Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Lender shall not by any act (except by a written instrument pursuant to Section 5(a)7.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Credit Agreement (Curis Inc), Collateral Agreement (Styleclick Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither any Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasersany Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers any Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers such Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Imperial Holly Corp), Guarantee and Collateral Agreement (Imperial Holly Corp)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Collateral Trustee shall not by any act (except by a written instrument pursuant to Section 5(a)5.01), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Defaulthereunder. No failure to exercise, nor any delay in exercising, on the part of the PurchasersCollateral Trustee, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Collateral Trustee of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Purchasers Collateral Trustee would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Collateral Trustee Agreement (Aegis Communications Group Inc), Collateral Trustee Agreement (Warnaco Group Inc /De/)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Holder shall not by any act (except by a written instrument pursuant to Section 5(a)6.1), delay, indulgence, omission or otherwise be deemed to have waived any right right, power or remedy privilege hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersHolder, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Holder of any right right, power or remedy privilege hereunder on any one occasion shall not be construed as a bar to any right right, power or remedy which privilege that the Purchasers Holder would otherwise have on any future occasion. The rights rights, powers and remedies herein privileges hereunder provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or and remedies provided by law.
Appears in 2 contracts
Samples: Guaranty (Avadel Pharmaceuticals PLC), Guaranty (Flamel Technologies Sa)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Note Holders shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Note Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasersany Note Holder, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Note Holders of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Note Holders would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Subsidiary Guarantee (Oramed Pharmaceuticals Inc.), Subsidiary Guarantee (Scilex Holding Co)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Trustee shall not by any act (except by a written instrument pursuant to Section 5(a)7.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersTrustee, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Trustee of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Purchasers Trustee would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Non Recourse Secured Notes Indenture (NextWave Wireless LLC), Indenture (NextWave Wireless LLC)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Buyer nor Buyer shall not by any act (except by a written instrument pursuant to Section 5(a7.1 (Amendments in Writing)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersBuyer, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Buyer of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Purchasers Buyer would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Guarantor Pledge and Security Agreement (KBS Real Estate Investment Trust, Inc.), Guarantor Pledge and Security Agreement (KBS Real Estate Investment Trust, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)3.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Administrative Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Guarantee Agreement (Tenneco Inc), Credit Agreement (Tenneco Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Subscribers shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersSubscribers, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Subscribers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Subscribers would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Subsidiary Guarantee (Oxford Media, Inc.), Subsidiary Guarantee (Oxford Media, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasers, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by bSy the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Subsidiary Guarantee (Agriforce Growing Systems Ltd.), Subsidiary Guarantee (Agriforce Growing Systems Ltd.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Lender shall not by any act (except by a written instrument pursuant to Section 5(a)4.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, exercising on the part of the PurchasersLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently concurrently, and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Guaranty Agreement (General Environmental Management, Inc), Guaranty Agreement (Clearpoint Business Resources, Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Collateral Agent on behalf of the Purchasers shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Documents, including any Event of DefaultDefault (as defined in the Notes). No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent on behalf of itself and the Purchasers, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent on behalf of itself and the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Collateral Agent on behalf of itself and the Purchasers would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Guaranty (Eastside Distilling, Inc.), Guaranty (BitNile Metaverse, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of any of the Purchasersparties, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers would otherwise have on any future occasion. The rights and remedies of the parties herein provided are cumulativecumulative and not alternatives, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Subsidiary Guarantee (Star Energy Corp), Subsidiary Guarantee (Star Energy Corp)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Purchaser nor any Holder shall not by any act (except by a written instrument pursuant to Section 5(a)7.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, exercising on the part of the PurchasersPurchaser or any Holder, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Purchaser or any Holder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Purchaser or such Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Security Agreement (Digital Ally, Inc.), Security Agreement (FaceBank Group, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Agents nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)7.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasersany Agent or Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers any Agent or Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers such Agent or Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Joe's Jeans Inc.), Guarantee and Collateral Agreement (Joe's Jeans Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)7.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAgent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Credit Agreement (Clarksburg Skylark, LLC), Security Agreement (Elizabeth Arden Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Administrative Agent nor any Secured Party shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAdministrative Agent, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Administrative Agent of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Administrative Agent would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by applicable law.
Appears in 2 contracts
Samples: Guarantee and Pledge Agreement (Brookdale Senior Living Inc.), Guarantee and Pledge Agreement (Brookdale Senior Living Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Collateral Agent and the Purchasers shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of DefaultDefault (as defined in the Notes). No failure to exercise, nor any delay in exercising, on the part of the PurchasersCollateral Agent or any Purchaser, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Collateral Agent or any Purchaser of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Collateral Agent or any Purchaser would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Subsidiary Guarantee (NRX Pharmaceuticals, Inc.), Subsidiary Guarantee (Ensysce Biosciences, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Holders shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Notes or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersHolders, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Holders of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Holders would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Subsidiary Guarantee (Unity Wireless Corp), Subsidiary Guarantee (Aduromed Industries, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Lender shall not by any act (except by a written instrument pursuant to Section 5(a4(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Subsidiary Guarantee (ASTROTECH Corp), Subsidiary Guarantee (ASTROTECH Corp)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Lender shall not by any act (except by a written instrument pursuant to Section 5(a7.1 (Amendments in Writing)), delay, indulgence, omission or otherwise otherwise, be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Purchasers Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Us Concrete Inc), Pledge and Security Agreement (Us Concrete Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Lender shall not by any act (except by a written instrument pursuant to Section 5(a)7.1), delay, indulgence, omission or otherwise be deemed to have waived td any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers that Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by lawLaw.
Appears in 1 contract
Samples: Security Agreement (Franklin Credit Management Corp/De/)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the --------------------------------------------------- Collateral Agent, either Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersCollateral Agent, either Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Collateral Agent, either Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Collateral Agent, such Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Paragon Health Network Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Vendor shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersVendor, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Vendor of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Vendor would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Investors shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersInvestors, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Investors of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Investors would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Subsidiary Guarantee (Chile Mining Technologies Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Secured Parties shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersSecured Parties, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Secured Parties of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Secured Parties would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Holders shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersHolders, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Holders of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Holders would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Subsidiary Guarantee (Access Integrated Technologies Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasers, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise 8 thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Collateral Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under failure by the Transaction Documents Pledgor, the Guarantor, the Additional Grantor or Event of Defaultthe Borrower to perform, comply or observe any term, covenant or agreement applicable to it contained in any Loan Document. No failure to exercise, nor any delay in exercising, on the part of the PurchasersCollateral Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Collateral Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Collateral Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Guarantee and Pledge Agreement (Linsang Partners LLC)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Holder --------------------------------------------------- shall not by any act (except by a written instrument pursuant to Section 5(a))8), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersHolder, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Holder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Collateral Assignment and Security Agreement (Cyberian Outpost Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Agent nor any Holder shall not by any act (except by a written instrument pursuant to Section 5(a)7.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Potential Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAgent or any Holder, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Agent or any Holder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Agent or such Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers shall not by any act (except by a written instrument pursuant to Section 5(a)5.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasers, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Subsidiary Guarantee (Viragen Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Agents nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchaserseither Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers either Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers such Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Indenture Trustee nor any Noteholder shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Defaulthereunder. No failure to exercise, nor any delay in exercising, on the part of the PurchasersIndenture Trustee or any Noteholder, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Indenture Trustee or any Noteholder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Indenture Trustee or such Noteholder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Guess Inc Et Al/Ca/)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Secured Parties shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Documents, including any Event of DefaultDefault (as defined in the Notes). No failure to exercise, nor any delay in exercising, on the part of the PurchasersSecured Parties, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Secured Parties of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Secured Parties would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers shall not by any act (except by a written instrument pursuant to Section 5(a6(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasers, Purchasers any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers would otherwise have on any future occasion. The rights and remedies provided herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Subsidiary Guarantee (LOCAL Corp)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers No Agent or Lender shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasersany Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers any Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers such Administrative Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)7.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAdministrative Agent or any Lender in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Administrative Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Trinity shall not by any act (except by a written instrument pursuant to in accordance with Section 5(a)5.01), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Sponsor Payment Guaranty Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersTrinity, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Trinity of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Trinity would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Collateral Agent nor any of the Secured Parties shall not by any act (except by a written instrument pursuant to Section 5(a)7.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersCollateral Agent, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Secured Parties of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Purchasers Secured Parties would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Pledge and Security Agreement (Stratosphere Leasing, LLC)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Trustee nor any Holder shall not by any act (except by a written instrument pursuant to Section 5(a)9.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersTrustee or any Holder, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Trustee or any Holder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Trustee or such Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Collateral Agreement (Charter Communications Inc /Mo/)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Investors shall not by any act (except by a written instrument pursuant to Section toSection 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersInvestors, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Investors of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Investors would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Guaranty (Cyber App Solutions Corp.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAgent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Guarantee and Pledge Agreement (155 East Tropicana, LLC)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Lender shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.. 8.4
Appears in 1 contract
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Holders shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Debentures or the Security Agreement or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersHolders, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Holders of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Holders would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Subsidiary Guarantee (Accentia Biopharmaceuticals Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Buyer shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersBuyer, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Buyer of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Buyer would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Subsidiary Guarantee (Zerify, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers No Agent or --------------------------------------------------- Lender shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasersany Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers any Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers any Agent or any Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Collateral Agent shall not by any act (except by a written instrument pursuant to Section 5(a)7.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, exercising on the part of the PurchasersCollateral Agent, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Collateral Agent of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Collateral Agent would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Holders shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasers, Holders any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Holders of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Holders would otherwise have on any future occasion. The rights and remedies provided herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers No Fixed Rate Note Holder shall not by any act (except by a written instrument pursuant to Section 5(a)5.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasersany Fixed Rate Note Holder, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers any Fixed Rate Note Holder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers such Fixed Rate Note Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Credit Agreement (InfraREIT, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers -------------------------------------------------------- shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasers, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Lender shall not by any act (except by a written instrument pursuant to Section 5(a)4.4), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, exercising on the part of the PurchasersLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
