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 any person, 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 applicable law.

Appears in 73 contracts

Samples: Account Agreement (AFS SenSub Corp.), Account Agreement (AFS SenSub Corp.), Indenture (Latam Airlines Group S.A.)

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No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent or any personLender, 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 applicable law.

Appears in 55 contracts

Samples: Credit Agreement (Universal Health Realty Income Trust), Credit Agreement (Universal Health Realty Income Trust), Credit Agreement (Universal Health Realty Income Trust)

No Waiver; Cumulative Remedies. No failure by the Lender to exercise exercise, and no delay by the Lender in exercising, on the part of any person, 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 applicable law.

Appears in 50 contracts

Samples: Uncommitted Money Market Line Credit Agreement (Jackson Financial Inc.), Reimbursement Agreement (Irobot Corp), Loan Agreement (Century Aluminum Co)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personHARC or 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 applicable law.

Appears in 36 contracts

Samples: Master Receivables Purchase Agreement (HSBC Auto Receivables Corp), Master Receivables Purchase Agreement (HSBC Automotive Trust 2005-1), Master Receivables Purchase Agreement (HSBC Automotive Trust (USA) 2006-1)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent or any personBank, 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 applicable law.

Appears in 35 contracts

Samples: Credit Agreement (Humana Inc), 364 Day Revolving Credit Agreement (Humana Inc), 364 Day Revolving Credit Agreement (Humana Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent or any personBank, 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 applicable law.

Appears in 30 contracts

Samples: Credit Agreement (Aqua America Inc), Credit Agreement (Aqua America Inc), Credit Agreement (Aqua America Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personthe 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 applicable 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 any personthe Lender, 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 applicable law.

Appears in 29 contracts

Samples: Credit Agreement (Revlon Consumer Products Corp), Credit Agreement (Revlon Consumer Products Corp), Credit Agreement (Revlon Inc /De/)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, exercising on the part of any personthe Noteholder, 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 exclusive of any rights, remedies, powers and privileges provided by applicable law.

Appears in 27 contracts

Samples: Settlement Agreement (Cannabis Global, Inc.), Guaranty Agreement (Urban-Gro, Inc.), Esports Entertainment Group, Inc.

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personthe Depositor or the Issuing 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 applicable law.

Appears in 27 contracts

Samples: Receivables Transfer Agreement (Carvana Auto Receivables Trust 2022-P1), Receivables Transfer Agreement (Carvana Auto Receivables Trust 2022-P1), Receivables Transfer Agreement (Carvana Auto Receivables Trust 2021-P4)

No Waiver; Cumulative Remedies. No failure by any Lender or Agent to exercise exercise, and no delay by any such Person in exercising, on the part of any person, 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 applicable law.

Appears in 26 contracts

Samples: Credit Agreement (CNL Healthcare Properties, Inc.), Term Loan Agreement (CNL Healthcare Properties, Inc.), Term Loan Agreement (CNL Healthcare Properties, Inc.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personPerson, 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 applicable lawApplicable Law.

Appears in 24 contracts

Samples: Indenture (Auna S.A.), Indenture (Auna S.A.), Indenture (Auna S.A.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personthe Grantor Trust or the Issuing 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 applicable 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 any personthe Lender, 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 applicable law.

Appears in 22 contracts

Samples: Commitment Agreement, Credit Agreement (TRANS LUX Corp), Credit Agreement (TRANS LUX Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personLender, 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 applicable law.

Appears in 21 contracts

Samples: Credit Agreement (Sphere 3D Corp), Credit Agreement (Sphere 3D Corp), Credit Agreement (Sphere 3D Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personAgent or any Lender, 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 applicable law.

Appears in 19 contracts

Samples: Credit Agreement (NGL Energy Partners LP), Credit Agreement (KLX Energy Services Holdings, Inc.), Credit Agreement (NGL Energy Partners LP)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personthe Indenture Trustee, 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 applicable law.

Appears in 16 contracts

Samples: Master Agreement (PHH Corp), Master Agreement (PHH Corp), Master Agreement (PHH Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personServicer or Lender, 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 applicable law.

Appears in 16 contracts

Samples: Economics Agreement (GreenSky, Inc.), Servicing Agreement (GreenSky, Inc.), Loan Origination Agreement (GreenSky, Inc.)

No Waiver; Cumulative Remedies. No failure by the Lender to exercise exercise, and no delay by any such Person in exercising, on the part of any person, 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 applicable law.

Appears in 12 contracts

Samples: Deposit Agreement (Wolfspeed, Inc.), Refundable Deposit Agreement (Wolfspeed, Inc.), Loan and Security Agreement (Kalera Public LTD Co)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent or any personLender, 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 applicable law.

Appears in 12 contracts

Samples: Loan Agreement (Concord Efs Inc), Lease Agreement (Fidelity National Information Services, Inc.), Master Agreement (Ruby Tuesday Inc)

No Waiver; Cumulative Remedies. No failure by Lender to exercise exercise, and no delay by any such Person in exercising, on the part of any person, 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 applicable law.

Appears in 11 contracts

Samples: Loan Agreement (Assure Holdings Corp.), Credit Agreement (Gen Probe Inc), Credit Agreement (Heritage-Crystal Clean, Inc.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, exercising on the part of any personLender, 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 exclusive of any rights, remedies, powers and privileges provided by applicable lawLaw.

Appears in 9 contracts

Samples: Intercreditor Agreement (Hc2 Holdings, Inc.), Secured Notes And (Hc2 Holdings, Inc.), Secured Notes And (Hc2 Holdings, Inc.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personthe Company, 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 applicable law.

Appears in 9 contracts

Samples: Limited Liability Company Agreement (Memec Inc), Contribution Agreement (Huntsman CORP), Contribution Agreement (Huntsman International LLC)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personof the parties hereto, 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 applicable law.

Appears in 8 contracts

Samples: Turquoise Funding I LTD, Turquoise Funding I LTD, Management Agreement (Gracechurch Card Funding No 5 PLC)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any person, exercising 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 applicable law.

Appears in 8 contracts

Samples: Sale and Servicing (Silverleaf Resorts Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personTRS or FSB, 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 applicable law.

Appears in 7 contracts

Samples: Receivables Purchase Agreement (American Express Receivables Financing Corp VIII LLC), Receivables Purchase Agreement (American Express Receivables Financing Corp VIII LLC), Receivables Purchase Agreement

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent or any personLender, 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 exclusive of any rights, remedies, powers and privileges provided by applicable law.

Appears in 7 contracts

Samples: Loan Agreement, Loan Agreement (Atlas Air Worldwide Holdings Inc), Loan Agreement (Atlas Air Worldwide Holdings Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personthe 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 applicable law.

Appears in 7 contracts

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

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personTRS or Centurion, 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 applicable law.

Appears in 7 contracts

Samples: Receivables Purchase Agreement (American Express Receivables Financing Corp VIII LLC), Receivables Purchase Agreement (American Express Receivables Financing Corp VIII LLC), Receivables Purchase Agreement

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personthe Bank, 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 applicable law.

Appears in 7 contracts

Samples: Credit Agreement (National Home Health Care Corp), Revolving Credit Agreement (M I Homes Inc), Credit Agreement (National Home Health Care Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personthe Lender, any right, remedy, power or privilege hereunder or under the other Loan Documents 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 provided are cumulative and not exhaustive exclusive of any rights, remedies, powers and privileges provided by applicable law.

Appears in 7 contracts

Samples: Security Agreement (Chrysler Group LLC), Lease Agreement (Chrysler Group LLC), Secured Credit Agreement (General Motors Co)

No Waiver; Cumulative Remedies. No failure to exercise exercise, and no delay in exercising, on the part of any personPurchaser, any right, remedy, power or privilege hereunder shall operate as a waiver thereof, nor shall any . No single or partial exercise of any right, remedy, power or privilege hereunder shall 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 other rights, remedies, powers and or privileges provided by applicable law.

Appears in 6 contracts

Samples: Subordination Agreement (ABX Holdings, Inc.), Subordination Agreement (ABX Holdings, Inc.), Securities Purchase Agreement (Access Integrated Technologies Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personthe 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 applicable law.

Appears in 6 contracts

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

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personAgent or any Lender, 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 applicable law.

Appears in 6 contracts

Samples: Credit Agreement (Hewitt Associates Inc), Credit Agreement (Viasystems Inc), Credit Agreement (Allotech International Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personLender, 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 applicable law.

Appears in 6 contracts

Samples: Credit Agreement (Royal Hawaiian Orchards, L.P.), Loan Agreement (Ugly Duckling Corp), Credit and Security Agreement (Ugly Duckling Corp)

No Waiver; Cumulative Remedies. No failure by any Person to exercise exercise, and no delay by any such Person in exercising, on the part of any person, 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 applicable lawLaw.

Appears in 5 contracts

Samples: Credit Agreement (Amplify Energy Corp.), Credit Agreement (Amplify Energy Corp.), Credit Agreement (Amplify Energy Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personLender, 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 applicable law.

Appears in 4 contracts

Samples: Credit and Security Agreement (Sun Hydraulics Corp), Credit and Security Agreement (Sun Hydraulics Corp), Credit Agreement (Exx Inc/Nv/)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personPerson, 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 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 are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by applicable law.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Wheeling Pittsburgh Corp /De/), Pooling and Servicing Agreement (Dell Computer Corp), Sale and Contribution Agreement (Medallion Financial Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personthe Noteholder, 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 applicable law.

Appears in 4 contracts

Samples: Debt Consolidation Agreement (Hawkeye Systems, Inc.), American Virtual Cloud Technologies, Inc., Unique Fabricating, Inc.

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, exercising on the part of any personNoteholder, 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 exclusive of any rights, remedies, powers and privileges provided by applicable law.

Appears in 4 contracts

Samples: Transition and Operations Support Agreement (Graham Holdings Co), Subordination Agreement (Ampco Pittsburgh Corp), Subordination Agreement (Ampco Pittsburgh Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personthe Trustee or the Certificateholders, 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 applicable law.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Nissan Auto Receivables Corp /De), Pooling and Servicing Agreement (Daimler Benz Vehicle Receivables Corp), Pooling and Servicing Agreement (Ford Credit Auto Receivables Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, exercising on the part of any personLender, 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 exclusive of any rights, remedies, powers and privileges provided by applicable lawLaw.

Appears in 4 contracts

Samples: Secured Note (Hc2 Holdings, Inc.), Secured Note (Hc2 Holdings, Inc.), Agreement Re: Secured Notes (Hc2 Holdings, Inc.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent or any personLender, 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 applicable at law, in equity or otherwise.

Appears in 4 contracts

Samples: Credit Agreement (Memberworks Inc), Credit Agreement (Memberworks Inc), Credit Agreement (Vertrue Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personthe Lender, any right, remedy, power or privilege hereunder or under any Loan Document, 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 rights and privileges remedies herein provided are cumulative and not exhaustive exclusive of any rights, remedies, powers and privileges rights or remedies provided by applicable law.

Appears in 4 contracts

Samples: Loan Agreement (Gruma Sab De Cv), Loan Agreement (Gruma Sab De Cv), Loan Agreement (Gruma Sab De Cv)

No Waiver; Cumulative Remedies. No failure by any Person to exercise exercise, and no delay by any such Person in exercising, on the part of any person, 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 applicable law.

Appears in 4 contracts

Samples: Credit Agreement (Sandridge Energy Inc), Credit Agreement (Sandridge Energy Inc), Credit Agreement (Sandridge Energy Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personLender, 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 applicable law.

Appears in 4 contracts

Samples: Security Agreement (Conrad Industries Inc), Loan Agreement (Conrad Industries Inc), Loan Agreement (Conrad Industries Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personthe Agent, 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 applicable law.

Appears in 4 contracts

Samples: Loan and Security Agreement (Freshpet, Inc.), Credit Agreement (J2 Global, Inc.), Credit Agreement (Freshpet, Inc.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personPurchaser or 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 applicable 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 any personLender, 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 applicable law.

Appears in 3 contracts

Samples: Convertible Loan Agreement, Convertible Loan Agreement (Roundball LLC), Convertible Loan Agreement (Hickok Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any person, 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 applicable law.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Discover Card Master Trust I), Receivables Sale and Contribution Agreement, Pooling and Servicing Agreement (Discover Card Master Trust I)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personeither Obligor or ABS, 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 applicable law.

Appears in 3 contracts

Samples: Master Sale and Contribution Agreement (Advanta Business Services Corp), Master Sale and Contribution Agreement (Advanta Leasing Receivables Corp Ix), Master Sale and Contribution Agreement (Advanta Leasing Receivables Corp Ix)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personthe Lender, 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 applicable law.

Appears in 3 contracts

Samples: Credit Agreement (Centennial Technologies Inc), Credit Agreement (Cubist Pharmaceuticals Inc), Credit Agreement (Ariad Pharmaceuticals Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any person, Lender; 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 applicable law.

Appears in 3 contracts

Samples: Credit Agreement (Firstcity Financial Corp), Warehouse Credit Agreement (Firstcity Financial Corp), Firstcity Financial Corp

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personHolder or the Company, 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 applicable law.

Appears in 3 contracts

Samples: Warrant Agreement (Junum Inc), Warrant Agreement (Junum Inc), Warrant Agreement (Junum Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personthe Trustee or the Investor Certificateholders, any right, remedy, power or privilege hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, 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 applicable law.

Appears in 3 contracts

Samples: Pooling Agreement (United Stationers Supply Co), Pooling Agreement (United Stationers Supply Co), Pooling Agreement (United Stationers Supply Co)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personthe Participant or the Originator, 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 applicable law.

Appears in 3 contracts

Samples: Financing Agreement (Imperial Holdings, LLC), Financing Agreement (Imperial Holdings, LLC), Financing Agreement (Imperial Holdings, LLC)

No Waiver; Cumulative Remedies. No failure Xx xxxxxxx to exercise and no delay in exercising, on the part of the Administrative Agent or any personLender, 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 applicable law.

Appears in 3 contracts

Samples: Credit Agreement (West Corp), Credit Agreement (Dycom Industries Inc), Day Credit Agreement (Dial Corp /New/)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personeither Transferor or the Originator, 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 applicable law.

Appears in 3 contracts

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

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personPerson, 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 applicable law.

Appears in 3 contracts

Samples: Indenture (California Republic Funding LLC), Custodian Agreement (AmeriCredit Automobile Receivables Trust 2012-5), Custodian Agreement (AmeriCredit Automobile Receivables Trust 2012-5)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personPerson, 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 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 are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by applicable law.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Zenith Electronics Corp), Pooling and Servicing Agreement (Muehlstein Holding Corp), Pooling and Servicing Agreement (Muehlstein Holding Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personthe Lender, 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 and, except not exhaustive exclusive of any rights, remedies, powers and privileges provided by applicable law.

Appears in 3 contracts

Samples: Construction Loan Agreement, Construction Loan Agreement (Global Growth Trust, Inc.), Construction Loan Agreement (Global Growth Trust, Inc.)

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No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personLender, 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 rights and privileges remedies herein provided are cumulative and not exhaustive exclusive of any rights, remedies, powers and privileges rights or remedies provided by applicable law.

Appears in 3 contracts

Samples: Loan Agreement (Helen of Troy LTD), Loan Agreement (Helen of Troy LTD), Loan Agreement (Helen of Troy LTD)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Trustee or any personTerm Certificateholder, 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 applicable law.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (General Cable Corp /De/), Pooling Agreement (Core Mark International Inc), Pooling Agreement (Rykoff Sexton Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personthe Buyer or the Originator, 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 applicable 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, exercising on the part of any personHolder, 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 exclusive of any rights, remedies, powers and privileges provided by applicable law.

Appears in 2 contracts

Samples: Financing and Purchase Agreement, Expense Reimbursement Waiver Agreement (Rosetta Genomics Ltd.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, exercising on the part of any personthe Lender, 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 exclusive of any rights, remedies, powers and privileges provided by applicable law.powers

Appears in 2 contracts

Samples: Multi Draw Credit Agreement (Emerald Bioscience, Inc.), Multi Draw Credit Agreement (Nemus Bioscience, Inc.)

No Waiver; Cumulative Remedies. No failure to exercise exercise, and no delay in exercising, on the part of any person, 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 or require any other or further future exercise thereof or the exercise of any other right, remedy, power or privilege. The All rights, remedies, powers and privileges herein provided are cumulative remedies granted to any party hereto and all other agreements, instruments and documents executed in connection with this Agreement shall be cumulative, may be exercised singly or concurrently and shall not exhaustive be exclusive of any rights, remedies, powers and privileges rights or remedies provided by applicable law.

Appears in 2 contracts

Samples: Deposit and Disbursement Agreement (York Research Corp), Deposit and Disbursement Agreement (York Research Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personthe Holder, 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 applicable law.

Appears in 2 contracts

Samples: Note Purchase Agreement (Inco LTD), Interest Note (Aris Industries Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, exercising on the part of any personthe Lender, 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 exclusive of any rights, remedies, powers and privileges provided by applicable lawLaw.

Appears in 2 contracts

Samples: Continental Letter Agreement (Hc2 Holdings, Inc.), Hc2 Holdings, Inc.

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personthe Custodian or the Certificateholders, 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 applicable law.

Appears in 2 contracts

Samples: Custody and Pledge Agreement (Nissan Auto Receivables Corp /De), Custody and Pledge Agreement (Nissan Auto Receivables 1998-a Grantor Trust)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personthe 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 applicable 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 any personPerson, 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 under this Indenture 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 applicable law.

Appears in 2 contracts

Samples: Master Trust Indenture and Security Agreement (Sirrom Capital Corp), Indenture and Security Agreement (Ag Services of America Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent or any personLender, 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 applicable law.

Appears in 2 contracts

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

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personHRAC II or MRI, 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 applicable 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 any personthe Transferor or the Issuer, 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 applicable 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 exercise, and no delay in exercising, on the part of any person, 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 thereof preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers rights and privileges herein remedies provided for in this Agreement and the other documents executed in connection herewith are cumulative and not exhaustive exclusive of any rights, remedies, powers and privileges other rights or remedies provided by applicable law.

Appears in 2 contracts

Samples: Loan Agreement (Emerging Vision Inc), Loan Agreement (Sterling Vision Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any person, exercising 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. No waiver of any provision hereof shall be effective unless made in writing. The rights, remedies, powers and privileges herein therein provided are cumulative and not exhaustive of any rights, remedies, powers and or privileges provided by applicable law.

Appears in 2 contracts

Samples: Intercreditor Agreement (Satelites Mexicanos Sa De Cv), Intercreditor Agreement (Satelites Mexicanos Sa De Cv)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personthe Servicer or the Issuer, 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 applicable law.

Appears in 2 contracts

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

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

Appears in 2 contracts

Samples: Pledge Agreement (Endogen Inc), Pledge Agreement (Endogen Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personthe 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 applicable 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 any personthe Lender, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof, 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 applicable law.

Appears in 2 contracts

Samples: Loan Agreement (Eagle Usa Airfreight Inc), Loan Agreement (Eagle Usa Airfreight Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any person, party 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 applicable law.

Appears in 2 contracts

Samples: Securities and Deposit Account Agreement (Life Partners IRA Holder Partnership, LLC), Trust Agreement

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any person, 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 applicable lawApplicable Law.

Appears in 2 contracts

Samples: Daimler Trucks (Daimler Trucks Retail Trust 2024-1), Agreement (Daimler Trucks Retail Trust 2024-1)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of either Agent or any personLender, 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 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 applicable law.

Appears in 2 contracts

Samples: Credit Agreement (Burlington Northern Santa Fe Corp), Credit Agreement (Burlington Northern Santa Fe Corp)

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

Appears in 2 contracts

Samples: Security Agreement (Idt Spectrum, Inc.), Security Agreement (Idt Spectrum, Inc.)

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

Appears in 2 contracts

Samples: Loan Agreement (SK Ecoplant Co., Ltd.), S Loan Agreement (Bloom Energy Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personCompany, 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 applicable law.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Asset Backed Securities Corp), 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 Documentation Agent or any personLender, 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 applicable law.. 10.4

Appears in 2 contracts

Samples: Credit Agreement (Ryland Group Inc), Credit Agreement (Ryland Group Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any person, exercising 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 applicable law.

Appears in 2 contracts

Samples: Receivables Transfer Agreement (HPSC Inc), Receivables Transfer Agreement (HPSC Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personPerson, of 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 applicable law.

Appears in 2 contracts

Samples: Contribution Agreement (First Investors Financial Services Group Inc), Contribution Agreement (First Investors Financial Services Group Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, exercising on the part of any personPayee, 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 exclusive of any rights, remedies, powers and privileges provided by applicable law.

Appears in 2 contracts

Samples: Purchase, Contribution and Assumption Agreement (Royalty Flow Inc.), Purchase, Contribution and Assumption Agreement (Royalty Flow Inc.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personPurchaser, 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 applicable law.

Appears in 2 contracts

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

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personTRS 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 applicable law.

Appears in 2 contracts

Samples: Receivables Purchase Agreement, Receivables Purchase Agreement (American Express Receivables Financing Corp VIII LLC)

No Waiver; Cumulative Remedies. No failure by the Lender to exercise exercise, and no delay in exercising, on the part of any person, 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 applicable law.

Appears in 2 contracts

Samples: Credit Agreement (Axsys Technologies Inc), Credit Agreement (Ss&c Technologies Inc)

No Waiver; Cumulative Remedies. No failure by the Lender to exercise exercise, and no delay by such Person in exercising, on the part of any person, 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 or therein provided are cumulative and not exhaustive exclusive of any rights, remedies, powers and privileges provided by applicable lawLaw.

Appears in 2 contracts

Samples: Credit Agreement (Enbridge Energy Partners Lp), Contribution Agreement (Enbridge Energy Partners Lp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, exercising on the part of any personthe Lender, 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 exclusive of any rights, remedies, powers and privileges provided by applicable law.

Appears in 2 contracts

Samples: Loan Agreement and Promissory Note, Singing Machine Co Inc

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any personPurchaser, 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 applicable 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 any personthe Purchaser, 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 applicable 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 any personAgent or any Lender, 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 applicable law.. 130

Appears in 1 contract

Samples: Credit Agreement (KLX Inc.)

No Waiver; Cumulative Remedies. No failure by the Lender to exercise exercise, and no delay by any such Person in exercising, on the part of any person, 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 105 privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive exclusive of any rights, remedies, powers and privileges provided by applicable law.

Appears in 1 contract

Samples: Credit and Security Agreement (Katy Industries Inc)

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