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.
Appears in 115 contracts
Samples: Credit Agreement (Ugi Corp /Pa/), Credit Agreement (Ugi Corp /Pa/), Credit Agreement (Mentor Graphics 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.
Appears in 50 contracts
Samples: Credit Agreement (Hanger, Inc.), Credit Agreement (Hanger, Inc.), Credit Agreement (CBIZ, 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, 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.
Appears in 44 contracts
Samples: Credit Agreement (Smith a O Corp), Multicurrency Credit Agreement (Briggs & Stratton Corp), Credit Agreement (Regis 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.
Appears in 36 contracts
Samples: Assignment and Assumption Agreement (Plum Creek Timber Co Inc), Multicurrency Credit Agreement (Briggs & Stratton Corp), Multicurrency Credit Agreement (Briggs & Stratton 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, 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.
Appears in 34 contracts
Samples: Credit Agreement (Brinks Co), Letter of Credit Agreement (Brinks Co), Credit Agreement (Zenith National Insurance Corp)
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.
Appears in 30 contracts
Samples: Credit Agreement (KKR & Co. Inc.), Credit Agreement (Employers Holdings, Inc.), Credit Agreement (KKR & 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, 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.
Appears in 20 contracts
Samples: Credit Agreement (Ambac Financial Group Inc), Restatement Agreement (CNO Financial Group, Inc.), Restatement Agreement (CNO Financial Group, Inc.)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the any 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.
Appears in 20 contracts
Samples: Credit Agreement (General Mills Inc), Credit Agreement (General Mills Inc), Year Credit Agreement (General Mills 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.
Appears in 19 contracts
Samples: Credit Agreement (Van Kampen Prime Rate Income Trust), Credit Agreement (Van Kampen American Capital Prime Rate Income Trust), Credit Agreement (Van Kampen Prime Rate Income Trust)
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.
Appears in 17 contracts
Samples: Credit Agreement (Schwab Charles Corp), Credit Agreement (Schwab Charles Corp), Credit Agreement (Schwab Charles Corp)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the any 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.
Appears in 10 contracts
Samples: Credit Agreement (Enstar Income Growth Program Five-a Lp), Credit Agreement (Enstar Income Growth Program Six B L P), Credit Agreement (Enstar Income Growth Program Five-B Lp)
No Waiver; Cumulative Remedies. No failure on the part of the Administrative Agent or any Bank to exercise exercise, and no delay in exercising, on the part of the Agent any right hereunder or under any Bank, any right, remedy, power or privilege hereunder, Note shall operate as a waiver thereof; hereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder such right preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 10 contracts
Samples: Credit Agreement (Baxter International Inc), Credit Agreement (Baxter International Inc), Credit Agreement (Baxter International 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.
Appears in 9 contracts
Samples: Loan Agreement (Bleach Group, Inc.), Loan Agreement (Integrated Security Systems Inc), Loan Agreement (WebXU, 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, 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 and remedies herein provided are cumulative and not exclusive of any 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), Credit Agreement (Careadvantage 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, 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.
Appears in 8 contracts
Samples: Revolving Credit Agreement (Micron Technology Inc), Pledge Agreement (Cb Richard Ellis Services Inc), Credit Agreement (Conner Peripherals 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, 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.
Appears in 7 contracts
Samples: Credit Agreement (Lincoln Educational Services Corp), Credit Agreement (Lincoln Educational Services Corp), Credit Agreement (Lincoln Educational Services Corp)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent Agents 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.
Appears in 7 contracts
Samples: Credit Agreement (Atmos Energy Corp), Credit Agreement (Atmos Energy Corp), Credit Agreement (Atmos Energy 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.
Appears in 7 contracts
Samples: Credit Agreement (Danka Business Systems PLC), Credit Agreement (Louisiana Pacific Corp), Credit Agreement (Interim Services Inc)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative Agent or any BankBank in exercising, and no delay in its 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 or the exercise of any other right, remedy, power or privilege.. 10.4
Appears in 6 contracts
Samples: Credit Agreement (Bedford Property Investors Inc/Md), Credit Agreement (Bedford Property Investors Inc/Md), Credit Agreement (Bedford Property Investors Inc/Md)
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.
Appears in 6 contracts
Samples: Credit Agreement (Midstates Petroleum Company, Inc.), Credit Agreement (Midstates Petroleum Company, Inc.), Credit Agreement (Midstates Petroleum Company, 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, 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.
Appears in 5 contracts
Samples: Credit Agreement (Jacobs Engineering Group Inc /De/), Multicurrency Credit Agreement (Applied Power Inc), Multicurrency Credit Agreement (Applied Power Inc)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative Agent or any Bankof the Banks, 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.
Appears in 5 contracts
Samples: Credit Agreement (Cinco Resources, Inc.), Credit Agreement (Stroud Energy Inc), Credit Agreement (Stroud Energy 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.
Appears in 5 contracts
Samples: Loan Agreement (American Realty Capital - Retail Centers of America, Inc.), Loan Agreement (American Realty Capital Daily Net Asset Value Trust, Inc.), Loan Agreement (American Realty Capital Healthcare Trust Inc)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent Administrative Agent, the LC Administrator 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.
Appears in 5 contracts
Samples: Credit Agreement (Max Re Capital LTD), Letter of Credit Reimbursement Agreement (Max Re Capital LTD), Lc Agreement (Max Re Capital LTD)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent Agent, any Issuing Bank, 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.
Appears in 4 contracts
Samples: Credit Agreement (Via Renewables, Inc.), Credit Agreement (Spark Energy, Inc.), Credit Agreement (Spark Energy, 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.or
Appears in 4 contracts
Samples: Term Loan Credit Agreement (ITC Holdings Corp.), Revolving Credit Agreement (ITC Holdings Corp.), Revolving Credit Agreement (ITC Holdings 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 hereunderhereunder 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 and remedies herein provided are cumulative and not exclusive of any 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 to exercise and no delay in exercising, on the part of the Agent Agent, any Issuing Bank, the Swing Line Bank 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.
Appears in 4 contracts
Samples: Credit Agreement (Marlin Midstream Partners, LP), Credit Agreement (Marlin Midstream Partners, LP), Credit Agreement (Marlin Midstream Partners, LP)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the either 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.
Appears in 4 contracts
Samples: Credit Agreement (Lance Inc), Credit Agreement (Capital Environmental Resource Inc), Credit Agreement (Video Update 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 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 privilegeprivilege hereunder or provided by Law.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Standard Pacific Corp /De/), Credit Agreement (Standard Pacific Corp /De/), Credit Agreement (Standard Pacific Corp /De/)
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.
Appears in 4 contracts
Samples: Credit Agreement (Mentor Graphics Corp), Credit Agreement (Atmos Energy Corp), Secured Credit Agreement (System Software Associates Inc)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent Agent, the Issuing Bank, the Swingline Bank 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.
Appears in 3 contracts
Samples: Credit Agreement (Us Industries Inc), Credit Agreement (Us Industries Inc), Credit Agreement (Us Industries Inc /De)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent Administrative Agent, any Issuing Lender 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.
Appears in 3 contracts
Samples: Credit Agreement (Aecom Technology Corp), Credit Agreement (Aecom Technology Corp), Credit Agreement (Aecom Merger Corp)
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. All remedies provided in this Agreement are cumulative, and not exclusive of other remedies, at law or otherwise.
Appears in 3 contracts
Samples: Security Agreement (Evenflo Co Inc), Credit Agreement (E&s Holdings Corp), Evenflo & Spalding Holdings Corp
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Collateral 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.
Appears in 3 contracts
Samples: Senior Secured Loan Agreement (Ugly Duckling Corp), Senior Secured Loan Agreement (Ugly Duckling Corp), Senior Secured Loan Agreement (Drivetime Automotive Group Inc)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent Agent, any Bank or any BankLC Issuer, 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.
Appears in 3 contracts
Samples: Year Revolving Credit Agreement (Deluxe Corp), Revolving Credit Agreement (Deluxe Corp), Year Revolving Credit Agreement (Deluxe Corp)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent Agent, any Issuing Lender, the Swingline Lender 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.
Appears in 3 contracts
Samples: Credit Agreement (Globe Manufacturing Corp), Credit Agreement (Communications Instruments Inc), Credit Agreement (Globe Manufacturing Corp)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent any Agent, any Lender or any Bankother Financing Party, any right, remedy, power or privilege hereunder, under (or referred to in) any Financing Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder under any Financing Document preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 3 contracts
Samples: Credit Agreement (Axtel Sab De Cv), Credit Agreement (Axtel Sab De Cv), Credit Agreement (Axtel 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, 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.
Appears in 3 contracts
Samples: Security Agreement (Micron Technology Inc), Security Agreement (Micron Technology Inc), Revolving Credit Agreement (Standard Pacific Corp /De/)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative Agent or any BankBank in exercising, and no delay in its 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 or the exercise of any other right, remedy, power or privilege.
Appears in 2 contracts
Samples: Credit Agreement (Bedford Property Investors Inc/Md), Credit Agreement (Bedford Property Investors Inc/Md)
No Waiver; Cumulative Remedies. No failure to exercise and no nor any delay in exercising, on the part of the Agent or any BankAgent, any right, remedy, power or privilege hereunder, hereunder or by statute or at law or in equity with respect to Investor 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 thereof, or the exercise of any other right, remedy, power or privilegeright. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Samples: Keep Well Agreement, Keep Well Agreement (Eos International 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, 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.
Appears in 2 contracts
Samples: Credit Agreement (Levi Strauss & Co), Credit Agreement (Levi Strauss & Co)
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.
Appears in 2 contracts
Samples: Bridge Credit Agreement (Levi Strauss & Co), 180 Day Credit Agreement (Levi Strauss & 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.
Appears in 2 contracts
Samples: Credit Agreement (Colonial Intermediate High Income Fund), Credit Agreement (Colonial Intermediate High Income Fund)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent or any BankNoteholders, 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.
Appears in 2 contracts
Samples: Note Purchase Agreement (New York Restaurant Group Inc), Note Purchase Agreement (Smith & Wollensky Restaurant Group 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, 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 thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Samples: Loan Agreement (Kaye Group Inc), Guaranty Agreement (Careadvantage 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, 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.. 11.04
Appears in 2 contracts
Samples: Credit Agreement (Bucyrus International Inc), Multicurrency Credit Agreement (Payless Shoesource Inc)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent, the Co-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.
Appears in 2 contracts
Samples: Credit Agreement (Regis Corp), Credit Agreement (Regis Corp)
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 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.or
Appears in 2 contracts
Samples: Credit Agreement (Chesapeake Energy Corp), Credit Agreement (Gentek 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.hereunder
Appears in 2 contracts
Samples: Loan Agreement (Ugly Duckling Corp), Loan Agreement (Cygnet Financial Corp)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent Agent, any Designated Bidder 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.
Appears in 2 contracts
Samples: Credit Agreement (Albertsons Inc /De/), Credit Agreement (Albertsons Inc /De/)
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.
Appears in 2 contracts
Samples: Credit Agreement (Royal Hawaiian Orchards, L.P.), Credit Agreement (Crimson Wine Group, LTD)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent or any BankBank or Designated Bidder, 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.
Appears in 2 contracts
Samples: Credit Agreement (Louisiana Pacific Corp), Credit Agreement (Louisiana Pacific Corp)
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, 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.
Appears in 2 contracts
Samples: Credit Agreement (Pacific Ethanol, Inc.), Pledge and Security Agreement (Pacific Ethanol, Inc.)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent or any BankLending 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.
Appears in 2 contracts
Samples: Credit Agreement (Tower Automotive Inc), Credit Agreement (Tower Automotive 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 and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law or in any other agreement.
Appears in 1 contract
Samples: Loan Agreement (Visual Numerics 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, 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.. 11.4
Appears in 1 contract
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 123 privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 1 contract
Samples: Credit Agreement (KKR & 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.. 125
Appears in 1 contract
Samples: Credit Agreement (Hanger, 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.or
Appears in 1 contract
Samples: Credit Agreement (Osi Systems 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, 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 and remedies herein provided are cumulative and not exclusive of any right's and remedies provided by law.
Appears in 1 contract
Samples: Revolving Loan and Security Agreement (Baltek Corp)
No Waiver; Cumulative Remedies. No failure by any Lender, the Letter of Credit Issuer or the Administrative 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, 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.177
Appears in 1 contract
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative Agent, the Collateral Agent, the Sub-Collateral Agent or any BankLender, any right, remedy, power or privilege 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.
Appears in 1 contract
Samples: Uncommitted Credit Agreement (Par Pacific Holdings, 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, 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.
Appears in 1 contract
Samples: Uncommitted Revolving Credit Agreement (Tesoro Corp /New/)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in delaying 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.
Appears in 1 contract
Samples: Credit Agreement (Truserv 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 and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
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.
Appears in 1 contract
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, 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.
Appears in 1 contract
Samples: Term Loan Agreement (Apw LTD)
No Waiver; Cumulative Remedies. No failure to exercise and no ------------------------------ delay in exercising, on the part of the Agent Administrative Agent, any Issuing Lender, the Swingline Lender 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.
Appears in 1 contract
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.
Appears in 1 contract
Samples: Loan Agreement (Ugly Duckling 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, 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.
Appears in 1 contract
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 hereunderhereunder or under the Credit 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,
Appears in 1 contract
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent Agent, any Bank or any Bankthe 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 preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 1 contract
Samples: Credit Agreement (Oneok Inc /New/)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of either Agent, the Agent Issuing Bank 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.
Appears in 1 contract
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the either 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, right remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 1 contract
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent or any Bankparty hereto, any right, remedy, power or privilege hereunder, 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
Appears in 1 contract
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the either 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.
Appears in 1 contract
Samples: Credit Agreement (Smith a O Corp)
No Waiver; Cumulative Remedies. No failure to exercise and no ------------------------------ delay in exercising, on the part of the Agent Administrative Agent, any Bank or any Bankthe 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 preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 1 contract
Samples: Credit Agreement (Oneok Inc /New/)
No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative 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, 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 183
Appears in 1 contract
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative Agent or any BankLenders, 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.
Appears in 1 contract
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 109 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.
Appears in 1 contract
Samples: Reducing Revolving Credit Agreement (Cinemark Usa Inc /Tx)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent or any Bank, Bank 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.
Appears in 1 contract
Samples: Agreement (Lsi Logic Corp)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent Administrative Agent, any Issuing Bank 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.
Appears in 1 contract
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.
Appears in 1 contract
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative Agent or any BankLenders, any right, remedy, ; power or privilege hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any aily right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 1 contract
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 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.waiver
Appears in 1 contract
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the either 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.. 77 84
Appears in 1 contract
Samples: Credit Agreement (Lance 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, 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.,
Appears in 1 contract
Samples: Credit Agreement (Deluxe Corp)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative Agent or any Bankof the Lenders, 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.
Appears in 1 contract
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, 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.
Appears in 1 contract
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.
Appears in 1 contract
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.
Appears in 1 contract
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent Administrative Agent, any Lender or any Bankother Financing Party, any right, remedy, power or privilege hereunder, under (or referred to in) any Financing Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder under any Financing Document preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 1 contract
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.
Appears in 1 contract
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent Administrative Agent, any Bank or any Bankthe 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 preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 1 contract
Samples: Credit Agreement (Oneok Inc /New/)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Agent Agents 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............................................................................. 73 11.04
Appears in 1 contract
Samples: Credit Agreement (Atmos Energy Corp)
No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Swingline Bank, any 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.
Appears in 1 contract
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.. 20 21 10.3
Appears in 1 contract
No Waiver; Cumulative Remedies. No failure to exercise and ------------------------------ no delay in exercising, on the part of the Agent Administrative Agent, any Bank or any Bankthe 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 preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 1 contract
Samples: Credit Agreement (Oneok Inc /New/)
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 133 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.
Appears in 1 contract
Samples: Credit Agreement (KKR & Co. Inc.)
