Common use of No Waiver by Course of Conduct Clause in Contracts

No Waiver by Course of Conduct. Neither the Collateral Agent or any Holder of any Securities shall by any act (except by a written instrument pursuant to subsection 15.1 hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent 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 Collateral Agent or the 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 Collateral Agent or the Holders would otherwise have on any future occasion.

No Waiver by Course of Conduct. Neither the Collateral Administrative Agent or nor any Holder of any Securities Lender shall by any act (except by a written instrument pursuant to subsection 15.1 hereof15.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereofDefault. No failure to exercise, nor any delay in exercising, on the part of the Collateral Administrative Agent or any HolderLender, 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 Administrative Agent or the Holders 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 Collateral Administrative Agent or the Holders such Lender would otherwise have on any future occasion.

No Waiver by Course of Conduct. Neither the Collateral Administrative Agent or nor ------------------------------ any Holder of any Securities Lender shall by any act (except by a written instrument pursuant to subsection 15.1 14.1 hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Administrative Agent or any HolderLender, 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 Administrative Agent or the Holders 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 Collateral Administrative Agent or the Holders such Lender would otherwise have on any future occasion.

No Waiver by Course of Conduct. Neither CUMULATIVE REMEDIES. None of the Collateral Agent, either Administrative Agent or any Holder of any Securities Lender shall by any act (except by a written instrument pursuant to subsection 15.1 hereofSection 7.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereofDefault. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any HolderLender, 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, either Administrative Agent or the Holders 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 Collateral Agent, such Administrative Agent or the Holders 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.

No Waiver by Course of Conduct. Cumulative Remedies. Neither the Collateral Administrative Agent or nor any Holder of any Securities Lender shall by any act (except by a written instrument pursuant to subsection 15.1 hereofSection 8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereofDefault. No failure to exercise, nor any delay in exercising, on the part of the Collateral Administrative Agent or any HolderLender, 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 Administrative Agent or the Holders any Lender of any right or remedy hereunder on any one anyone occasion shall not be construed as a bar to any right or remedy which the Collateral Administrative Agent or the Holders 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.

No Waiver by Course of Conduct. Cumulative Remedies Neither the Collateral Administrative Agent or nor any Holder of any Securities Lender shall by any act (except by a written instrument pursuant to subsection 15.1 hereofSection 8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereofDefault. No failure to exercise, nor any delay in exercising, on the part of the Collateral Administrative Agent or any HolderLender, 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 Administrative Agent or the Holders 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 Collateral Administrative Agent or the Holders 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.

No Waiver by Course of Conduct. Neither the Note Collateral Agent or nor any Holder other holder of any Securities the Note Obligations shall by any act (except by a written instrument pursuant to subsection 15.1 hereof)act, delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Actionable Event of Default or in any breach of any of the terms and conditions hereof, except as otherwise provided in subsection 15(a) hereof. No failure to exercise, nor any delay in exercising, on the part of the Note Collateral Agent or any Holderholder of the Note Obligations, 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 Note Collateral Agent or any other holder of the Holders Note Obligations of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Note Collateral Agent or such holder of the Holders Note Obligations would otherwise have on any future occasion.

No Waiver by Course of Conduct. Neither the Collateral Agent or nor any Holder of any Securities Lender shall by any act (except by a written instrument pursuant to subsection 15.1 14.1(A) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any HolderLender, 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 or the Holders 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 Collateral Agent or the Holders such Lender would otherwise have on any future occasion.

No Waiver by Course of Conduct. Neither the Collateral Administrative Agent or nor any Holder of any Securities Lender shall by any act (except by a written instrument pursuant to subsection 15.1 hereofSection 13.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereofDefault. No failure to exercise, nor any delay in exercising, on the part of the Collateral Administrative Agent or any HolderLender, 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 Administrative Agent or the Holders 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 Collateral Administrative Agent or the Holders such Lender would otherwise have on any future occasion.

No Waiver by Course of Conduct. Neither the Collateral Administrative ------------------------------ Agent or nor any Holder of any Securities Lender shall by any act (except by a written instrument pursuant to subsection 15.1 Section 14.1 hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Administrative Agent or any HolderLender, 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 Administrative Agent or the Holders 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 Collateral Administrative Agent or the Holders such Lender would otherwise have on any future occasion.

No Waiver by Course of Conduct. Neither the Note Collateral Agent or nor any Holder holder of any Securities the Note Obligations shall by any act (except by a written instrument pursuant to subsection 15.1 hereof)act, delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Actionable Event of Default or in any breach of any of the terms and conditions hereof, except as otherwise provided in subsection 15(a) hereof. No failure to exercise, nor any delay in exercising, on the part of the Note Collateral Agent or any Holderholder of the Note Obligations, 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 Note Collateral Agent or any holder of the Holders Note Obligations of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Note Collateral Agent or such holder of the Holders Note Obligations would otherwise have on any future occasion.

No Waiver by Course of Conduct. Neither the Collateral Agent or Trustee nor any Holder of any Securities Noteholder shall by any act (except by a written instrument pursuant to subsection 15.1 14.1(A) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent Trustee or any HolderNoteholder, 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 Trustee or the Holders 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 Collateral Agent Trustee or the Holders such Noteholder would otherwise have on any future occasion.

No Waiver by Course of Conduct. Neither the Collateral Administrative Agent or nor any Holder of any Securities Lender shall by any act (except by a written instrument pursuant to subsection 15.1 14.1 hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Administrative Agent or any HolderLender, 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 Administrative Agent or the Holders 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 Collateral Administrative Agent or the Holders such Lender would otherwise have on any future occasion.

No Waiver by Course of Conduct. Neither the Collateral Administrative Agent or nor ------------------------------ any Holder of any Securities Lender shall by any act (except by a written instrument pursuant to subsection 15.1 14.1 hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Administrative Agent or any HolderLender, 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 Administrative Agent or the Holders 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 Collateral Administrative Agent or the Holders such Lender would otherwise have on an any future occasion.

No Waiver by Course of Conduct. Neither the Collateral Agent or nor any Holder of any Securities Lender shall by any act (except by a written instrument pursuant to subsection 15.1 Section 13.1 hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any HolderLender, 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 or the Holders 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 Collateral Agent or the Holders such Lender would otherwise have on any future occasion.

No Waiver by Course of Conduct. Neither the Collateral Administrative Agent or nor any Holder of any Securities Lender shall by any act (except by a written instrument pursuant to subsection 15.1 hereof14.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereofDefault. No failure to exercise, nor any delay in exercising, on the part of the Collateral Administrative Agent or any HolderLender, 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 Administrative Agent or the Holders 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 Collateral Administrative Agent or the Holders such Lender would otherwise have on any future occasion.