No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent or any 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 exclusive of any rights, remedies, powers and privileges provided by 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 the Agent or any BankLender, 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 exclusive of any rights, remedies, powers and privileges provided by 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, on the part of the Administrative Agent or any 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 exclusive of any rights, remedies, powers and privileges provided by law.
Appears in 29 contracts
Samples: Term Loan Agreement (Centerpoint Energy Houston Electric LLC), Term Loan Agreement (Centerpoint Energy Inc), Credit Agreement (Centerpoint Energy Resources Corp)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative Agent or any 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 exclusive of any rights, remedies, powers and privileges provided by law.
Appears in 28 contracts
Samples: Credit Agreement (Western Union CO), Credit Agreement (Western Union CO), Credit Agreement (Western Union CO)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent Depositor or any Bankthe 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 exclusive exhaustive of any rights, remedies, powers and privileges provided by 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 to exercise and no delay in exercising, exercising on the part of the Agent or any BankNoteholder, 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 exclusive of any rights, remedies, powers and privileges provided by 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 the Agent or any BankPerson, 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 exclusive exhaustive of any rights, remedies, powers and privileges provided by 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 either Borrower, the Administrative Agent or any 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 exclusive of any rights, remedies, powers and privileges provided by law.
Appears in 23 contracts
Samples: Assignment and Assumption (Deere & Co), Credit Agreement (Deere & Co), Assignment and Assumption (Deere John Capital Corp)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent or any BankLender, 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 exclusive of any rights, remedies, powers and privileges provided by 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 the Agent or any BankLender, 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 exclusive of any rights, remedies, powers and privileges provided by 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 the any Agent or any BankLender, any right, remedy, power or privilege hereunder or under the other Credit 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 exclusive of any rights, remedies, powers and privileges provided by law.
Appears in 21 contracts
Samples: Credit Agreement (Rubrik, Inc.), Credit Agreement (TerrAscend Corp.), Credit Agreement (Rubrik, Inc.)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the any Agent or any BankLender, 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 exclusive of any rights, remedies, powers and privileges provided by 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 the any Agent or any BankLender, any right, remedy, power or privilege hereunder or under the other Credit 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 exclusive of any rights, remedies, powers and privileges provided by law.
Appears in 18 contracts
Samples: Credit Agreement (Trico Marine Services Inc), Credit Agreement (L 3 Communications Holdings Inc), Credit Agreement (L 3 Communications Corp)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent or any BankIndenture 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 exclusive exhaustive of any rights, remedies, powers and privileges provided by 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 the Agent Servicer or any BankLender, 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 exclusive exhaustive of any rights, remedies, powers and privileges provided by law.
Appears in 16 contracts
Samples: Servicing Agreement (GreenSky, Inc.), Loan Origination Agreement (GreenSky, Inc.), Economics Agreement (GreenSky, Inc.)
No Waiver; Cumulative Remedies. No failure by the Noteholder to exercise and no delay in exercising, on the part of the Agent or any Bank, 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 exclusive of any other rights, remedies, or powers and privileges provided by law.
Appears in 15 contracts
Samples: Consulting Agreement (JanOne Inc.), Promissory Note (T Stamp Inc), Promissory Note (T Stamp Inc)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent Trustee or any Bankthe Holders, 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 exclusive exhaustive of any rights, remedies, powers and privileges provided by law.
Appears in 14 contracts
Samples: Pooling and Servicing Agreement (Usaa Acceptance LLC), Pooling and Servicing Agreement (Citizens Auto Receivables, LLC), Pooling and Servicing Agreement (Bas Securitization LLC)
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 the Agent or any 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 exclusive of any rights, remedies, powers and privileges provided by law.
Appears in 11 contracts
Samples: Refundable Deposit Agreement (Wolfspeed, Inc.), Loan and Security Agreement (Kalera Public LTD Co), Credit and Security Agreement (FreightCar America, 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 the Agent or any 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 exclusive of any rights, remedies, powers and privileges provided by 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 exercise, and no delay in exercising, exercising on the part of the Agent or any BankNoteholder, 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 exclusive of any rights, remedies, powers powers, and privileges provided by law.
Appears in 11 contracts
Samples: Security Agreement (Genius Group LTD), Agreement and Plan of Merger (Atlas Energy Solutions Inc.), Promissory Note (Delek Logistics Partners, LP)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of Funding, CAC or the Agent or any BankDeal 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 exclusive exhaustive of any rights, remedies, powers and privileges privilege provided by law.
Appears in 11 contracts
Samples: Sale and Contribution Agreement (Credit Acceptance Corp), Contribution Agreement (Credit Acceptance Corp), Contribution Agreement (Credit Acceptance Corp)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent or any BankLender, 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 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 exclusive of any rights, remedies, powers and privileges provided by law.
Appears in 10 contracts
Samples: Credit Agreement (Mach Natural Resources Lp), Credit Agreement (Mach Natural Resources Lp), Credit Agreement (AMERICAN BATTERY TECHNOLOGY Co)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent or any Bank, 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 exclusive of any rights, remedies, powers and privileges rights or remedies provided by law.
Appears in 9 contracts
Samples: Loan and Security Agreement (Medallion Financial Corp), Loan and Security Agreement (Medallion Financial Corp), Loan Agreement (Kaye Group Inc)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent or any BankCompany, 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 exclusive exhaustive of any rights, remedies, powers and privileges provided by law.
Appears in 9 contracts
Samples: Limited Liability Company Agreement (Memec Inc), European Contribution Agreement (Huntsman CORP), Contribution Agreement (Huntsman CORP)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, exercising on the part of the Agent or any BankLender, 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 exclusive of any rights, remedies, powers and privileges provided by lawapplicable Law.
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 the Agent or any BankLender, 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 exclusive of any rights, remedies, powers and privileges provided by 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 the Agent or any BankLender, 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 exclusive of any rights, remedies, powers and privileges provided by 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 and no delay in exercising, on the part of the Agent Trustee or any Bankthe Investor 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 exclusive exhaustive of any rights, remedies, powers and privileges provided by law.
Appears in 7 contracts
Samples: Pooling and Servicing Agreement, Pooling and Servicing Agreement (Discover Card Master Trust I), Pooling and Servicing Agreement
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent TRS or any BankFSB, 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 exclusive exhaustive of any rights, remedies, powers and privileges provided by 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 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 exclusive of any rights, remedies, powers and privileges provided by 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 the Collateral Agent or any BankSecured Party, 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 exclusive of any rights, remedies, powers and privileges provided by law.
Appears in 6 contracts
Samples: Collateral Agency Agreement, Collateral Agency Agreement (Zipcar Inc), Collateral Agency Agreement (Zipcar Inc)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative Agent or any BankLender, any right, remedy, power or privilege hereunder or under any other Transaction 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 exclusive of any rights, remedies, powers and privileges rights or remedies provided by law.
Appears in 6 contracts
Samples: Assignment and Assumption Agreement (Cemex Sab De Cv), Assignment and Assumption Agreement (Cemex Sab De Cv), Assignment and Assumption Agreement (Cemex Sab De Cv)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent or any BankLender, 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 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 exclusive of any rights, remedies, powers and privileges provided by law.
Appears in 6 contracts
Samples: Credit Agreement (Diversified Energy Co PLC), Credit Agreement, Credit Agreement
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent Trust or any Bankeach 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 exclusive exhaustive of any rights, remedies, powers and privileges privilege provided by law.
Appears in 6 contracts
Samples: Receivables Transfer Agreement (First Sierra Receivables Iii Inc), Receivables Transfer Agreement (First Sierra Receivables Iii Inc), Receivables Transfer Agreement (First Sierra Receivables Iii Inc)
No Waiver; Cumulative Remedies. No failure to exercise exercise, and no delay in exercising, on the part of the Agent or any BankPurchaser, 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 exclusive of any other rights, remedies, powers and or privileges provided by law.
Appears in 6 contracts
Samples: Subordination Agreement (ABX Holdings, Inc.), Securities Purchase Agreement (Access Integrated Technologies Inc), Subordination Agreement (ABX Holdings, Inc.)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent Agents or any BankLender, 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 exclusive of any rights, remedies, powers and privileges provided by law.
Appears in 5 contracts
Samples: Credit Agreement (Rock-Tenn CO), Credit Agreement (Rock-Tenn CO), Security Agreement (Rock-Tenn CO)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent Depositor or any BankSeller, 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 exclusive exhaustive of any rights, remedies, powers and privileges provided by law.
Appears in 5 contracts
Samples: Equity Loan Purchase Agreement (HSBC Home Equity Loan Trust (USA) 2007-3), Equity Loan Purchase Agreement (HSBC Home Equity Loan Corp I), Equity Loan Purchase Agreement (HSBC Home Equity Loan Trust (USA) 2006-4)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent Trustee or any Bankthe 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, 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 exclusive exhaustive of any rights, remedies, powers and privileges provided by law.
Appears in 5 contracts
Samples: Pooling Agreement (Huntsman International LLC), Pooling Agreement (Wesco Distribution Inc), Pooling Agreement (Rykoff Sexton Inc)
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 the Agent or any 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 exclusive of any rights, remedies, powers and privileges provided by 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 the Agent Funding or any BankCapital One, 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 exclusive exhaustive of any rights, remedies, powers and privileges provided by law.
Appears in 5 contracts
Samples: Receivables Purchase Agreement (Capital One Master Trust), Receivables Purchase Agreement, Receivables Purchase Agreement
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent or any BankLender, 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 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 exclusive of any rights, remedies, powers and privileges provided by law.
Appears in 5 contracts
Samples: Term Loan Credit Agreement (NorthWestern Energy Group, Inc.), Subordinated Credit Agreement (Virgin Mobile USA, Inc.), Credit Agreement (New World Restaurant Group Inc)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent or any BankLender, 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 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 exclusive of any rights, remedies, powers and privileges provided by lawLaw.
Appears in 5 contracts
Samples: Loan Agreement (OCM HoldCo, LLC), Loan Agreement (OCM HoldCo, LLC), Loan Agreement (OCM HoldCo, LLC)
No Waiver; Cumulative Remedies. No failure to exercise and no delay ------------------------------ in exercising, on the part of the Agent or any BankLender, 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 exclusive of any rights, remedies, powers and privileges provided by law.
Appears in 5 contracts
Samples: Term Loan Agreement (Entravision Communications Corp), Credit Agreement (Creditrust Corp), Credit Agreement (Creditrust Corp)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent RFC IV or any BankFSB, 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 exclusive exhaustive of any rights, remedies, powers and privileges provided by law.
Appears in 5 contracts
Samples: Receivables Purchase Agreement (American Express Credit Account Master Trust), Receivables Purchase Agreement (American Express Credit Account Master Trust), Receivables Purchase Agreement
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent Trustee or any BankSeller, 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 exclusive exhaustive of any rights, remedies, powers and privileges provided by law.
Appears in 5 contracts
Samples: Transfer Agreement, Transfer Agreement (HSBC Home Equity Loan Trust (USA) 2007-2), Transfer Agreement (HSBC Home Equity Loan Trust (USA) 2007-1)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent Trustee or any Bankthe Investor 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 exclusive exhaustive of any rights, remedies, powers and privileges provided by law.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (Proffitts Credit Corp), Master Pooling and Servicing Agreement (American Express Centurion Bank), Pooling and Servicing Agreement (Yamaha Motor Receivables Corp)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, exercising on the part of the Agent or any BankLender, 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 exclusive of any rights, remedies, powers and privileges provided by 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 BankNoteholder, 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 exclusive of any rights, remedies, powers powers, and privileges provided by 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 by the Lender to exercise exercise, and no delay by any such Person in exercising, on the part of the Agent or any 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 or therein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.
Appears in 4 contracts
Samples: Loan Agreement (Comstock Resources Inc), Credit Agreement (Mercury General Corp), Term Credit Agreement (Caminus Corp)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent or any BankLender, 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 exclusive of any rights, remedies, powers and privileges provided by 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 the Agent or any BankLender, any right, remedy, power or privilege hereunder or under the other Credit 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 exclusive of any rights, remedies, powers and privileges provided by law.
Appears in 4 contracts
Samples: Credit Agreement (ARKO Corp.), Credit Agreement (ARKO Corp.), Credit Agreement (ARKO Corp.)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent or any BankAgent, 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 exclusive of any rights, remedies, powers and privileges provided by 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 the Agent or any BankLender, 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 exclusive of any rights, remedies, powers and privileges provided by 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, exercising on the part of the Agent or any BankNoteholder, 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 exclusive of any rights, remedies, powers and privileges provided by law.
Appears in 4 contracts
Samples: Transition and Operations Support Agreement (Graham Holdings Co), Subordination Agreement (Ampco Pittsburgh Corp), Converting Note (Ampco Pittsburgh 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 the Agent or any 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 exclusive of any rights, remedies, powers and privileges provided by 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 the Agent or any BankPerson, 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 exclusive exhaustive of any rights, remedies, powers and privileges provided by 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 the Administrative Agent or any Bank, 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 exclusive of any rights, remedies, powers and privileges rights or remedies provided by law.
Appears in 4 contracts
Samples: Loan Agreement (Gruma Sab De Cv), Loan Agreement (Gruma Sab De Cv), Loan Agreement (Gruma Sa De Cv)
No Waiver; Cumulative Remedies. No failure by any Bank or Agent to exercise exercise, and no delay by any such Person in exercising, on the part of the Agent or any 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 or therein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.
Appears in 4 contracts
Samples: Credit Agreement (Black Hills Corp /Sd/), Credit Agreement (Black Hills Corp /Sd/), Credit Agreement (Black Hills Corp /Sd/)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent or any BankLender, any right, remedy, power or privilege hereunder or under the Loan 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 exclusive of any rights, remedies, powers and privileges provided by law.
Appears in 4 contracts
Samples: Revolving Credit Agreement (BlackRock Multi-Strategy Hedge Advantage), Revolving Credit Agreement (BlackRock Multi-Strategy Hedge Opportunities LLC), Revolving Credit Agreement (BlackRock Multi-Strategy Hedge Advantage)
No Waiver; Cumulative Remedies. No failure by the Collateral Agent to exercise exercise, and no delay by the Collateral Agent in exercising, on the part of the Agent or any 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 exclusive of any rights, remedies, powers and privileges provided by lawLaw.
Appears in 4 contracts
Samples: Security Agreement (Focus Media Holding LTD), Security Agreement (Focus Media Holding LTD), Security Agreement (Focus Media Holding LTD)
No Waiver; Cumulative Remedies. No failure to exercise exercise, and no delay in exercising, exercising on the part of the Agent or any BankLender, 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 exclusive of any rights, remedies, powers powers, and privileges provided by law.
Appears in 3 contracts
Samples: Bridge Loan Agreement (Minim, Inc.), Bridge Loan and Security Agreement (Hitchcock Jeremy P.), Bridge Loan Agreement (Hitchcock Jeremy P.)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent either Obligor or any BankABS, 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 exclusive exhaustive of any rights, remedies, powers and privileges privilege provided by 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 the Agent Participant or any Bankthe 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 exclusive exhaustive of any rights, remedies, powers and privileges provided by 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 to exercise and no delay in exercising, on the part of the Agent or any BankLender, any right, remedy, power or privilege hereunder or under the other Credit 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 exclusive of any rights, remedies, powers and privileges provided by law.
Appears in 3 contracts
Samples: Credit Agreement (Wki Holding Co Inc), Credit Agreement (Wki Holding Co Inc), Credit Agreement (Wki Holding Co Inc)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent or any BankLender, 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 exclusive of any rights, remedies, powers and privileges provided by law.
Appears in 3 contracts
Samples: Construction Loan Agreement, Construction Loan Agreement (Global Growth Trust, Inc.), Construction Loan Agreement (Global Growth Trust, Inc.)
No Waiver; Cumulative Remedies. No failure to exercise exercise, and no delay in exercising, exercising on the part of the Agent or any BankNoteholder, 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 exclusive of any rights, remedies, powers powers, and privileges provided by law.
Appears in 3 contracts
Samples: Secured Note (Flyexclusive Inc.), Senior Secured Note (Flyexclusive Inc.), EG Acquisition Corp.
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent or any Bankthe Lenders, 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 exclusive of any rights, remedies, powers and privileges provided by law.
Appears in 3 contracts
Samples: Credit Agreement (American Rock Salt Co LLC), Credit Agreement (American Rock Salt Co LLC), Amendment and Restatement (Ce Generation LLC)
No Waiver; Cumulative Remedies. No failure by the Bank to exercise exercise, and no delay by any such Person in exercising, on the part of the Agent or any 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 exclusive of any rights, remedies, powers and privileges provided by law.
Appears in 3 contracts
Samples: Credit Agreement (Scheid Vineyards Inc), Credit Agreement (Brooke Credit CORP), Credit Agreement (Andersons Inc)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in ------------------------------ exercising, on the part of the Agent or any BankLender, 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 exclusive of any rights, remedies, powers and privileges provided by law.
Appears in 3 contracts
Samples: Credit Agreement (Entravision Communications Corp), Credit Agreement (Entravision Communications Corp), Credit Agreement (Entravision Communications Corp)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent Agent, RFC or any Bank, 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 exclusive of any rights, remedies, powers and privileges provided by law.
Appears in 3 contracts
Samples: RFC Loan Agreement (Humana Inc), RFC Loan Agreement (Humana Inc), RFC Loan Agreement (Humana Inc)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent or any BankPerson, 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 exclusive exhaustive of any rights, remedies, powers and privileges provided by 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 by Bank to exercise exercise, and no delay by Bank in exercising, on the part of the Agent or any 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 exclusive of any rights, remedies, powers and privileges provided by law.
Appears in 3 contracts
Samples: Credit Agreement (Usana Health Sciences Inc), Reimbursement and Security Agreement (Amyris Biotechnologies Inc), Pledge Agreement (Usana Health Sciences Inc)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent or any BankLender, any right, remedy, power or privilege hereunder or under any other Loan Document 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 exclusive of any rights, remedies, powers and privileges provided by law.
Appears in 3 contracts
Samples: Collateral Agreement (General Motors Corp), Credit Agreement (General Motors Corp), General Motors Corp
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent or Trustee, any BankSecured 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 exclusive exhaustive of any rights, remedies, powers and privileges provided by law.
Appears in 3 contracts
Samples: Base Indenture (CHS Inc), CHS Inc, Indenture (Conns Inc)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent or any Bank, 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 exclusive exhaustive of any rights, remedies, powers and privileges provided by 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 the either Agent or any Bank, 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 of the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.
Appears in 3 contracts
Samples: Term Revolving Credit Agreement (Chrysler Financial Corp), Term Revolving Credit Agreement (Chrysler Financial Corp), Chrysler Financial Corp
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent Trustee or any BankTerm Certificateholder, 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 exclusive exhaustive of any rights, remedies, powers and privileges provided by law.
Appears in 3 contracts
Samples: Pooling Agreement (Ingram Micro Inc), Pooling Agreement (Ingram Micro Inc), Pooling Agreement (Lifestyle Furnishings International LTD)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative Agent or any BankLender, 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 exclusive of any rights, remedies, powers and privileges provided by law.. 103
Appears in 3 contracts
Samples: Credit Agreement (Hni Corp), Credit Agreement (Hni Corp), Credit Agreement (Si International Inc)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative Agent or any Bank, 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 exclusive of any rights, remedies, powers and privileges provided by law.
Appears in 3 contracts
Samples: Credit Agreement and Limited Waiver (National Consumer Cooperative Bank /Dc/), Credit Agreement (Saks Holdings Inc), Credit Agreement (Toy Biz Inc)
No Waiver; Cumulative Remedies. No failure Xx xxxxxxx to exercise and no delay in exercising, on the part of the Administrative Agent or any BankLender, 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 exclusive of any rights, remedies, powers and privileges provided by law.
Appears in 3 contracts
Samples: Day Credit Agreement (Dial Corp /New/), Credit Agreement (West Corp), Credit Agreement (Dycom Industries Inc)
No Waiver; Cumulative Remedies. No failure to exercise and no ------------------------------ delay in exercising, on the part of the Administrative Agent or any BankLender, 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 exclusive of any rights, remedies, powers and privileges provided by law.
Appears in 3 contracts
Samples: Credit Agreement (Sailors Inc), Credit Agreement (Jostens Inc), Credit Agreement (Harborside Healthcare Corp)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent or any BankPerson, 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 exclusive 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 the Agent or any BankLender, 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 exclusive of any rights, remedies, powers and privileges provided by 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 the Agent or any BankLandlord, 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 exclusive of any rights, remedies, powers and privileges provided by law.
Appears in 2 contracts
Samples: Forbearance Agreement (Capital Senior Living Corp), Forbearance Agreement (Capital Senior Living Corp)
No Waiver; Cumulative Remedies. No failure to exercise and no ------------------------------ delay in exercising, on the part of the Agent or any BankLender, 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 exclusive of any rights, remedies, powers and privileges provided by law.
Appears in 2 contracts
Samples: Credit Agreement (Pameco Corp), Master Agreement (Sterling Commerce Inc)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent Servicer or any BankLender, 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 exclusive exhaustive of any rights, remedies, powers and privileges provided by lawLaw.
Appears in 2 contracts
Samples: Servicing Agreement (GreenSky, Inc.), Loan Origination Agreement (GreenSky, Inc.)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative Agent or any Bank, 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 exclusive of any rights, remedies, powers and privileges provided by law.
Appears in 2 contracts
Samples: Forbearance Agreement (National Consumer Cooperative Bank /Dc/), Forbearance Agreement (National Consumer Cooperative Bank /Dc/)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent Servicer or any Bankthe 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 exclusive exhaustive of any rights, remedies, powers and privileges provided by 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 delay in exercising, on the part of the Escrow Agent or any Bankthe Buyer, 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 exclusive exhaustive of any rights, remedies, powers and privileges privilege provided by law.
Appears in 2 contracts
Samples: Pledge and Security Agreement (American Capital Strategies LTD), 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 Agent or any BankLender, 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 exclusive of any rights, remedies, powers and privileges provided by 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 the Administrative Agent, the Collateral Agent or any BankLender, 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 exclusive of any rights, remedies, powers and privileges rights or remedies provided by law.
Appears in 2 contracts
Samples: Senior Secured Loan Agreement (Gruma Sab De Cv), Senior Secured Loan Agreement (Gruma Sab De Cv)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent or any Bank, 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 or therein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.
Appears in 2 contracts
Samples: Credit Agreement, Assignment and Assumption Agreement (Idex Corp /De/)
No Waiver; Cumulative Remedies. No failure to exercise and no nor any delay ------------------------------ in exercising, exercising on the part of the Agent or any Bank, Company 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 herein 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 hereunder provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights, remedies, powers and privileges rights or remedies provided by law.
Appears in 2 contracts
Samples: Securities Pledge Agreement (Virtual Mortgage Network Inc), Securities Pledge Agreement (Virtual Mortgage Network Inc)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent or any BankHolder, 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 exclusive of any rights, remedies, powers and privileges provided by 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, on the part of the Documentation Agent or any BankLender, 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 exclusive of any rights, remedies, powers and privileges provided by 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, exercising on the part of the Agent or any BankHolder, 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 exclusive of any rights, remedies, powers and privileges provided by lawLaw.
Appears in 2 contracts
Samples: Sub Advisory Agreement (ARC Properties Operating Partnership, L.P.), Sub Advisory Agreement (RCS Capital Corp)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent or any BankCompany, 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 exclusive exhaustive of any rights, remedies, powers and privileges provided by law.
Appears in 2 contracts
Samples: Receivables Purchase Agreement (Compass Auto Receivables Trust 1998-A), Receivables Purchase Agreement (Asset Backed Securities Corp)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent or any Bank, 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 exclusive exhaustive of any rights, remedies, powers and privileges provided by 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 by the Lender to exercise exercise, and no delay by such Person in exercising, on the part of the Agent or any 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 or therein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by 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, on the part of the Agent or any BankPerson, 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 exclusive exhaustive of any rights, remedies, powers and privileges provided by law.
Appears in 2 contracts
Samples: Indenture and Security Agreement (Ag Services of America Inc), Master Trust Indenture and Security Agreement (Sirrom Capital Corp)
