Common use of No Waiver; Cumulative Remedies Clause in Contracts

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer or the Seller, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 182 contracts

Samples: Receivables Purchase Agreement (CarMax Auto Owner Trust 2024-3), Receivables Purchase Agreement (Carmax Auto Funding LLC), Receivables Purchase Agreement (Carmax Auto Funding LLC)

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No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Issuer, the Indenture Trustee or the Seller, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 95 contracts

Samples: Form of Receivables Purchase Agreement (Toyota Auto Finance Receivables LLC), Receivables Purchase Agreement (Toyota Auto Receivables 2024-C Owner Trust), Form of Receivables Purchase Agreement (Toyota Auto Receivables 2024-C Owner Trust)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the PurchaserOwner Trustee, the Issuer Indenture Trustee, the Noteholders or the SellerCertificateholders, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein therein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 83 contracts

Samples: Sale and Servicing Agreement (GS Auto Loan Trust 2005-1), Sale and Servicing Agreement (USAA Auto Owner Trust 2007-1), Sale and Servicing Agreement (USAA Auto Owner Trust 2005-4)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer or the RPA Seller, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 67 contracts

Samples: Receivables Purchase Agreement (Honda Auto Receivables 2024-3 Owner Trust), Receivables Purchase Agreement (Honda Auto Receivables 2024-3 Owner Trust), Receivables Purchase Agreement (Honda Auto Receivables 2024-2 Owner Trust)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Trustee or the SellerCertificateholders, any right, remedy, power or privilege hereunder under this Agreement shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder under this Agreement preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided under this Agreement are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 41 contracts

Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC), Pooling and Servicing Agreement (Citibank, N.A., as Depositor of Citibank Credit Card Issuance Trust), Pooling and Servicing Agreement

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Seller or the SellerAdministrative Agent, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 40 contracts

Samples: Sale and Purchase Agreement (AMG Comvest Senior Lending Fund), Sale and Contribution Agreement (Blue Owl Credit Income Corp.), Loan Sale and Contribution Agreement (Saratoga Investment Corp.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer HARC or the Seller, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 36 contracts

Samples: Master Receivables Purchase Agreement (HSBC Automotive Trust (USA) 2006-1), Master Receivables Purchase Agreement (Household Automotive Trust 2004-1), Master Receivables Purchase Agreement (Household Auto Receivables Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Purchaser or the Seller, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 30 contracts

Samples: Receivables Purchase Agreement (Carvana Auto Receivables Trust 2022-P2), Receivables Purchase Agreement (Carvana Auto Receivables Trust 2022-P2), Receivables Purchase Agreement (Carvana Auto Receivables Trust 2022-P1)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Seller or the SellerTrustee, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 28 contracts

Samples: Loan Sale Agreement (Blue Owl Technology Finance Corp. II), Loan Sale Agreement (Blue Owl Technology Finance Corp. II), Loan Sale Agreement (Blue Owl Credit Income Corp.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Buyer or the Seller, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 25 contracts

Samples: Purchase and Contribution Agreement (Monroe Capital Income Plus Corp), Purchase and Contribution Agreement (Main Street Capital CORP), Purchase and Contribution Agreement (PennantPark Floating Rate Capital Ltd.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Grantor Trust or the SellerIssuing Entity, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 23 contracts

Samples: Receivables Contribution Agreement (Carvana Auto Receivables Trust 2022-P2), Receivables Contribution Agreement (Carvana Auto Receivables Trust 2022-P2), Receivables Contribution Agreement (Carvana Auto Receivables Trust 2022-P1)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the PurchaserFunding, the Issuer CAC or the SellerTrust Collateral Agent, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 22 contracts

Samples: Sale and Contribution Agreement (Credit Acceptance Corp), Sale and Contribution Agreement (Credit Acceptance Corp), Sale and Contribution Agreement (Credit Acceptance Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the PurchaserOwner Trustee, Indenture Trustee, the Issuer Noteholders or the SellerCertificateholders, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein therein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 17 contracts

Samples: Sale and Servicing Agreement (Ace Sec Corp Wells Fargo Financial Auto Owner Trust 2004-A), Sale and Servicing (Bank One Auto Securitization Trust 2003-1), Sale and Servicing (Bank One Auto Securitization LLC)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the PurchaserFunding, the Issuer CAC or the SellerTrust Collateral Agent, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 17 contracts

Samples: Sale and Contribution Agreement (Credit Acceptance Corp), Sale and Contribution Agreement (Credit Acceptance Corp), Sale and Contribution Agreement (Credit Acceptance Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Seller or the SellerCollateral Trustee, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 15 contracts

Samples: Loan Sale Agreement (Blue Owl Credit Income Corp.), Loan Sale Agreement (Blue Owl Credit Income Corp.), Loan Sale Agreement (Blue Owl Credit Income Corp.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Purchaser or the RPA Seller, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 13 contracts

Samples: Receivables Purchase Agreement (Bread Financial Holdings, Inc.), Receivables Purchase Agreement (First National Funding LLC), Receivables Purchase Agreement (First National Funding LLC)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Seller or the SellerFacility Agent, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 12 contracts

Samples: Sale and Contribution Agreement (Vista Credit Strategic Lending Corp.), Sale and Contribution Agreement (Golub Capital Direct Lending Corp), Sale and Contribution Agreement (Golub Capital BDC 4, Inc.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Seller or the SellerAgent, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 12 contracts

Samples: Sale and Contribution Agreement (Owl Rock Capital Corp III), Sale, Contribution and Master Participation Agreement (Flat Rock Capital Corp.), Receivables Purchase Agreement (United Stationers Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Buyer or the Seller, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 10 contracts

Samples: Receivables Purchase Agreement, Receivables Purchase Agreement (Metris Master Trust), Receivables Purchase Agreement (HSBC Credit Card Master Note Trust (Usa) I)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Indenture Trustee or the Sellerany Secured Party, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by lawLaw.

Appears in 8 contracts

Samples: Indenture (Oportun Financial Corp), Indenture (Oportun Financial Corp), Indenture (Oportun Financial Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer or the Seller, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 7 contracts

Samples: Receivables Purchase Agreement (Huntsman International LLC), Limited Liability Company Agreement (Memec Inc), Receivables Purchase Agreement (Huntsman International LLC)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Purchaser or the SellerXxxxx, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive (except to the extent specifically provided herein) of any other rights, remedies, powers and or privileges provided by law.

Appears in 6 contracts

Samples: Receivables Sale Agreement (T-Mobile US, Inc.), Receivables Sale Agreement (T-Mobile US, Inc.), Receivables Sale Agreement

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer or the Seller, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 6 contracts

Samples: Receivables Purchase Agreement (Dell Computer Corp), Receivables Purchase Agreement (Dell Computer Corp), Receivables Purchase Agreement (Zenith Electronics Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Company or the Seller, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power powers or privilege. The Subject to Section 9.06, the rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 5 contracts

Samples: Receivables Purchase Agreement (Goldman Sachs Asset Backed Securities Corp), Receivables Purchase Agreement (Bond Securitization LLC), Receivables Purchase Agreement (Bond Securitization LLC)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Trustee or the SellerBeneficiaries, any right, remedy, power or privilege hereunder privilege, hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein therein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 5 contracts

Samples: Trust Agreement (Planet Polymer Technologies Inc), Trust Agreement (Planet Polymer Technologies Inc), Trust Agreement (Planet Polymer Technologies Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Purchaser or the Seller, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 5 contracts

Samples: Receivables Purchase Agreement, Receivables Purchase Agreement (American Express Receivables Financing Corp Iv LLC), Receivables Purchase Agreement (Signet Jewelers LTD)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Sellers or the SellerAdministrative Agent, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 4 contracts

Samples: Receivables Purchase Agreement (Trimas Corp), Receivables Purchase Agreement (Tyson Foods Inc), Receivables Purchase Agreement (Trimas Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Purchaser or the Seller, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 4 contracts

Samples: Facility Agreement (KKR FS Income Trust), Sale and Contribution Agreement (FS Investment Corp III), Sale and Contribution Agreement (FS Investment Corp II)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Seller or the SellerServicer, any right, remedy, power or privilege hereunder shall hereunder, will operate as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein therein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 4 contracts

Samples: Purchase and Servicing Agreement (Morgan Stanley Auto Loan Trust 2003-Hb1), Purchase and Servicing Agreement (Morgan Stanley Auto Loan Trust 2004-Hb2), Purchase and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Trustee or the SellerInvestor Certificateholders, any right, remedy, power or privilege hereunder privilege, hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 3 contracts

Samples: Pooling Agreement (Lifestyle Furnishings International LTD), Pooling and Servicing Agreement (General Cable Corp /De/), Pooling Agreement (American Axle & Manufacturing Holdings Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Purchaser or the Seller, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 3 contracts

Samples: Receivables Purchase Agreement, Receivables Purchase Agreement, Receivables Purchase Agreement (Compucredit Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Corporation or the SellerAccount Owner, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The Subject to Section 9.06, the rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 3 contracts

Samples: Receivables Transfer Agreement (Travelers Bank Credit Card Master Trust I), Receivables Transfer Agreement (Travelers Bank Credit Card Master Trust I), Receivables Transfer Agreement (Travelers Bank Credit Card Master Trust I)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer either Transferor or the SellerOriginator, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof hereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 3 contracts

Samples: Receivables Sale Agreement (Painewebber Asset Acceptance Corp), Receivables Sale Agreement (Prudential Securities Secured Financing Corp), Receivables Sale Agreement (American Business Financial Services Inc /De/)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Buyer or the Seller, any right, remedy, power power, or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege. The rights, remedies, powers powers, and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers powers, and privileges provided by law.

Appears in 3 contracts

Samples: Account Purchase Agreement (Credit Store Inc), Receivables Purchase Agreement (Credit Store Inc), Receivables Purchase Agreement (Credit Store Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the PurchaserTrustee, the Issuer Agent or the Sellerany Purchaser, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 3 contracts

Samples: Execution Copy (American Axle & Manufacturing Holdings Inc), Pooling Agreement (Lifestyle Furnishings International LTD), American Axle & Manufacturing Inc

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Purchaser or the SellerTrustee, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Alliance Data Systems Corp), Purchase and Sale Agreement (Stage Stores Inc), Purchase and Sale Agreement (Charming Shoppes Receivables Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Purchaser (or the any assignee thereof) or any Seller, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive (except to the extent specifically provided herein) of any other rights, remedies, powers and or privileges provided by law.

Appears in 3 contracts

Samples: Receivables Sale and Conveyancing Agreement (T-Mobile US, Inc.), Receivables Sale and Conveyancing Agreement (T-Mobile US, Inc.), Receivables Sale and Conveyancing Agreement (T-Mobile US, Inc.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, exercising on the part of the Purchaser, the Issuer or the Seller, any right, remedy, power or privilege hereunder or under the other Financing Documents shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Digital Turbine, Inc.), Securities Purchase (Mandalay Digital Group, Inc.), Unconditional Secured Guaranty and Pledge Agreement (Mandalay Digital Group, Inc.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer HRAC or the SellerBank, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The Subject to Section 9.06, the rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Hrsi Funding Inc Ii), 4 Receivables Purchase Agreement (Hrsi Funding Inc Ii), Receivables Purchase Agreement (Hrsi Funding Inc Ii)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Buyer or the SellerOriginator, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Trendwest Resorts Inc), Receivables Purchase Agreement (Trendwest Resorts Inc), Receivables Purchase Agreement (Trendwest Resorts Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Purchaser or the Seller, any right, remedy, power or privilege hereunder under this Agreement, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder under this Agreement preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided under this Agreement are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Nordstrom Inc), Receivables Purchase Agreement (Nordstrom Credit Inc), Receivables Purchase Agreement (Nordstrom Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, exercising on the part of the Purchaser, the Issuer or the SellerHolder, any right, option, remedy, power or privilege hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, option, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, option, remedy, power or privilege. The rights, options, remedies, powers and privileges herein provided are cumulative and not exhaustive exclusive of any rights, options, remedies, powers and privileges provided by law.

Appears in 3 contracts

Samples: Secured Loan Agreement, Secured Loan Agreement (Cannabis-Rx Inc.), Cannabis-Rx Inc.

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Seller or the SellerTrustee (as assignee of the Purchaser), any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Proffitts Credit Card Master Trust), Receivables Purchase Agreement (Saks Inc), Receivables Purchase Agreement (Saks Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Transferor or the SellerIssuer, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Transfer Agreement (WF Card Funding LLC), Transfer Agreement (WF Card Issuance Trust)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the PurchaserOriginators, the Issuer Administrative Agent or the Sellerany Purchaser, any right, remedy, power or privilege hereunder or under the other Transaction Documents shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Collateral Assignment Agreement (Sanmina-Sci Corp), Purchase Agreement (Powerwave Technologies Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer or the Seller, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof hereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 2 contracts

Samples: Container Sale Agreement (Cronos Group), Contribution and Sale Agreement (Sea Containers LTD /Ny/)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Purchaser or the Seller, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The Subject to Section 9.6, the rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law. Section 9.9.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Partners First Receivables Funding Corp), Receivables Purchase Agreement (Partners First Credit Card Master Trust)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Company or the Seller, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof hereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 2 contracts

Samples: Contribution and Sale Agreement (CAI International, Inc.), Contribution and Sale Agreement (CAI International, Inc.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Intermediate Seller or the Seller, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 2 contracts

Samples: Sale and Contribution Agreement (HPS Corporate Lending Fund), Sale and Contribution Agreement (HPS Corporate Lending Fund)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer HRAC II or the SellerMRI, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The Subject to Section 10.06, the rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Receivables Purchase Agreement, Receivables Purchase Agreement (Metris Master Trust)

No Waiver; Cumulative Remedies. No failure to exercise and no ------------------------------ delay in exercising, on the part of the Purchaser, the Issuer or the Seller, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Huntsman Ici Chemicals LLC), Receivables Purchase Agreement (Huntsman Ici Holdings LLC)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer or the Seller, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: First Tier Receivables Purchase Agreement (Asset Backed Securities Corp), First Tier Receivables Purchase Agreement (Compass Auto Receivables Trust 1998-A)

No Waiver; Cumulative Remedies. No failure to exercise and no delay ------------------------------ in exercising, on the part of the Purchaser, the Issuer or the SellerCompany, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Contribution Agreement (Huntsman Ici Chemicals LLC), Contribution Agreement (Huntsman Ici Holdings LLC)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer PFR or the SellerBank, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The Subject to Sections 4.4 and 9.6, the rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Partners First Receivables Funding Corp), Receivables Purchase Agreement (Partners First Receivables Funding Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Dryrock Funding or the Seller, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Dryrock Issuance Trust), Receivables Purchase Agreement (Dryrock Issuance Trust)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in --------------------------------- exercising, on the part of the Purchaser, the Issuer any Holder or the SellerCompany, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of or any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Warrant Agreement (Inc Ubator Capital Inc), Warrant Agreement (Inc Ubator Capital Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer [ ] or the Seller, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power powers or privilege. The Subject to Section 9.06, the rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Gs Mortgage Securities Corp), Receivables Purchase Agreement (Goldman Sachs Asset Backed Securities Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Company or the Seller, Approved Underwriter of any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Approved Underwriter Agreement, Approved Underwriter Agreement (Amerifirst Fund I LLC)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, exercising on the part of the PurchaserNoteholder, the Issuer or the Seller, of any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The Except as limited by Section 9 hereof, the rights, remedies, powers and privileges herein provided are cumulative and not exhaustive exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: The Purchase and Sale Agreement (DigitalBridge Group, Inc.), Purchase and Sale Agreement (DigitalBridge Group, Inc.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer or the Seller, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof hereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Contribution and Sale Agreement (Willis Lease Finance Corp), Contribution and Sale Agreement (Willis Lease Finance Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Purchaser or the SellerChase USA, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Providian Master Trust), Receivables Purchase Agreement (Providian Master Trust)

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No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the PurchaserHRAC , the Issuer HRSIFI or the SellerBank, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The Subject to Section 9.06, the rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Agreement (Hrsi Funding Inc Ii), Receivables Purchase Agreement (Hrsi Funding Inc Ii)

No Waiver; Cumulative Remedies. No failure to exercise and ------------------------------ no delay in exercising, on the part of the Purchaser, the Issuer Seller or the SellerEnterprise, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Safeguard Scientifics Inc Et Al), Receivables Purchase Agreement (Compucom Systems Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in ------------------------------ exercising, on the part of the Purchaser, the Issuer or the SellerLender, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Credit Agreement (Butler International Inc /Md/)

No Waiver; Cumulative Remedies. No failure to exercise and no ------------------------------ delay in exercising, on the part of the Purchaser, the Issuer Administrative Agent or the SellerParticipants, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Waste Management Inc /De/)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer or the SellerBuyer, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Receivables Sale Agreement (Ingram Micro Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Buyer or the Seller, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Senior Insurance Settlements Purchase Agreement (Capital Resource Group LLC)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer or the Seller, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided in this Agreement are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Purchase Agreement (Carmax Auto Receivables LLC)

No Waiver; Cumulative Remedies. No failure to exercise ------------------------------ and no delay in exercising, on the part of the Purchaser, the Issuer Seller or the SellerPurchaser, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Fnanb Credit Card Master Trust)

No Waiver; Cumulative Remedies. No failure to exercise and no ------------------------------ delay in exercising, on the part of the Purchaser, the Issuer or the SellerLender, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Term Loan Agreement (Cogen Technologies Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer or the Sellerany Person, any right, remedy, power or privilege hereunder or under any Note shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, remedy, power or privilege hereunder or under any Note preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges provided herein provided and in the Notes are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by lawApplicable Law.

Appears in 1 contract

Samples: Indenture (Corporacion America Airports S.A.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Borrower or the Seller, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof hereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 1 contract

Samples: Purchase Agreement (Cronos Group)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Escrow Agent or the SellerSecured Parties, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 1 contract

Samples: Pledge and Security Agreement (American Capital Strategies LTD)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser Representative or a Purchaser, the Issuer or the Seller, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive exclusive of any rights, remedies, powers and privileges provided by lawlaw or in equity.

Appears in 1 contract

Samples: Note Purchase Agreement (Motorcar Parts of America Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Purchaser or the Seller, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 1 contract

Samples: Sale and Participation Agreement (Oaktree Strategic Credit Fund)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer either Seller or the SellerTrustee, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 1 contract

Samples: Loan Sale Agreement (Blue Owl Capital Corp II)

No Waiver; Cumulative Remedies. No failure to exercise and no ------------------------------ delay in exercising, on the part of the Purchaser, the Issuer or the SellerLender, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Loan Agreement (Constellation 3d Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Seller or the Seller, RFC II any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (American Express Centurion Bank)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer or the Seller, any right, remedy, power or privilege hereunder or under the other Transaction Documents shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Aegean Marine Petroleum Network Inc.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Trustee or the SellerHolders, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of 76 82 any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein therein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Lehman Brothers Asset Securitization LLC

No Waiver; Cumulative Remedies. No failure to exercise and no ------------------------------ delay in exercising, on the part of the Purchaser, the Issuer or the Seller, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Pooled Auto Securities Shelf LLC)

No Waiver; Cumulative Remedies. No failure by the Buyer to exercise exercise, and no delay by any such Person in exercising, on the part of the Purchaser, the Issuer or the Seller, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder or thereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein or therein provided are cumulative and not exhaustive exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Securities Purchase Agreement (Lithium Technology Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer or the Seller, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Forward Purchase Agreement (Oak Hill Capital Partners L P)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Purchaser or the SellerOriginator, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 1 contract

Samples: Receivables Sale Agreement (United Stationers Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Buyer or the either Seller, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Fidelity Leasing Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Purchaser or the Seller, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Origination Agreement (Carvana Co.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchasereither Transferor, the Issuer Depositor or the SellerIssuer, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof hereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 1 contract

Samples: Receivables Pledge Agreement (Prudential Securities Secured Financing Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Buyer or the Seller, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 1 contract

Samples: Insurance Settlements Purchase Agreement (Capital Resource Group LLC)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Buyer or the SellerTCSI, any right, remedy, power power, or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege. The rights, remedies, powers powers, and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers powers, and privileges provided by law.

Appears in 1 contract

Samples: Receivables Sale Agreement (Credit Store Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Buyer or the Seller, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.. Section 9.8

Appears in 1 contract

Samples: Purchase Agreement (Metris Receivables Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the any Purchaser, the Issuer or the Seller, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of in addition to any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Warrants Purchase Agreement (Basin Water, Inc.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer or the Seller, of any right, remedy, power or privilege hereunder or under the Note, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Note Purchase Agreement (Md Technologies Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Seller or the SellerBlue Ridge, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Georgia Gulf Corp /De/)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Account Owner or Receivables Purchaser, the Issuer or the Seller, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Compucredit Corp)

No Waiver; Cumulative Remedies. No failure to exercise and ------------------------------ no delay in exercising, on the part of the Purchaser, the Issuer Seller or the SellerPurchaser, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Circuit City Credit Card Master Trust)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer or the Seller, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 1 contract

Samples: Asset Purchase Agreement (Dyntek Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Seller or the SellerFacility Agent, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges privilege provided by law.. SECTION 8.8

Appears in 1 contract

Samples: Sale and Contribution Agreement (Golub Capital BDC 3, Inc.)

No Waiver; Cumulative Remedies. No failure to exercise exercise, and no delay in exercising, exercising on the part of the Purchaser, the Issuer or the Seller, of any right, remedy, power power, or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege. The rights, remedies, powers powers, and privileges herein provided are cumulative and not exhaustive exclusive of any rights, remedies, powers powers, and privileges provided by law.

Appears in 1 contract

Samples: Stock Purchase Agreement (INNOVATE Corp.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Transferor or the Seller, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof hereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Sale Agreement (Linc Capital Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Seller or the SellerPurchaser, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Credit Agreement (Santander Holdings USA, Inc.)

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