Common use of No Waiver; Cumulative Remedies Clause in Contracts

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative Agent, the Collateral Agent or any Lender, 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 82 contracts

Samples: Intercreditor Agreement (OneStream, Inc.), Credit Agreement (Surgery Partners, Inc.), Credit Agreement (GoDaddy Inc.)

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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 Lender, any right, remedy, power or privilege hereunder or under the other Credit 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, powers and privileges provided by law.

Appears in 37 contracts

Samples: Credit Agreement (PACIFIC GAS & ELECTRIC Co), Credit Agreement (Aspen Insurance Holdings LTD), Term Loan Credit Agreement (PACIFIC GAS & ELECTRIC Co)

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 Lender, 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, powers and privileges provided by lawRequirements of Law.

Appears in 36 contracts

Samples: Credit Agreement (Magnolia Oil & Gas Corp), Credit Agreement (Infinity Natural Resources, Inc.), Credit Agreement (Mach Natural Resources Lp)

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 Lenderparty hereto, any right, remedy, power or privilege hereunder under this Agreement or under the other Credit Documents any Servicing Supplement shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 and any Servicing Supplement are cumulative and not exclusive exhaustive of any rights, remedies, powers, and powers or privileges provided by at law, in equity or otherwise.

Appears in 25 contracts

Samples: Servicing Agreement (ACAR Leasing Ltd.), Servicing Agreement, Servicing Agreement (ACAR Leasing Ltd.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative AgentTrustee, any Enhancement Provider or the Collateral Agent or any LenderInvestor Certificateholders, any right, remedy, power or privilege hereunder or under the other Credit Documents hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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, powers and privileges provided by law.

Appears in 20 contracts

Samples: Pooling and Servicing Agreement (First Usa Credit Card Master Trust), Pooling and Servicing Agreement (First Usa Credit Card Master Trust), Master Trust Agreement (TMM Holdings)

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 Lender, 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 future 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, powers and privileges provided by law.

Appears in 18 contracts

Samples: Credit Agreement (Sabre Holdings Corp), Credit Agreement (Sabre Holdings Corp), Credit Agreement (Franklin Resources Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative Trust Collateral Agent, the Collateral Agent Indenture Trustee, the Noteholders or any Lenderthe Certificateholders, any right, remedy, power or privilege hereunder or under the other Credit Documents hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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, powers and privileges provided by law.

Appears in 18 contracts

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

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative AgentTrustee, any Credit Enhancement Provider or the Collateral Agent or any LenderInvestor Certificateholders, any right, remedy, power or privilege hereunder or under the other Credit Documents hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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, powers and privileges provided by law.

Appears in 18 contracts

Samples: Pooling and Servicing Agreement (Cabela's Master Credit Card Trust), Pooling and Servicing Agreement (Cabela's Master Credit Card Trust), Pooling and Servicing Agreement (Cabela's Master Credit Card Trust)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative Agent, the Collateral Agent Agent, the Collateral Trustee or any Lender, 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, powers and privileges provided by law.

Appears in 18 contracts

Samples: Credit Agreement (Vistra Corp.), Credit Agreement (Vistra Corp.), Credit Agreement (Talen Energy Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative any Agent, the Collateral Agent Issuing Lender or any Lender, any right, remedy, power or privilege hereunder or under the other Credit 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, powers and privileges provided by law.

Appears in 11 contracts

Samples: Credit Agreement (B&G Foods, Inc.), Credit Agreement (B&G Foods, Inc.), Credit Agreement (B&G Foods, Inc.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative AgentReceivables Trustee, any Enhancement Provider or the Collateral Agent or any LenderInvestor Beneficiaries, any right, remedy, power or privilege hereunder or under the other Credit Documents hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any 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, powers and privileges provided by law.

Appears in 8 contracts

Samples: Receivables Trust Deed and Servicing Agreement, www.newday.co.uk, Deed and Servicing Agreement (Turquoise Receivables Trustee LTD)

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 Lender, any right, remedy, power or privilege hereunder or under the other Credit 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, powers and privileges provided by law.

Appears in 8 contracts

Samples: Credit Agreement (Virgin Orbit Holdings, Inc.), Credit Agreement (Virgin Orbit Holdings, Inc.), Credit Agreement (Sanchez Energy Corp)

No Waiver; Cumulative Remedies. No failure by the Lender to exercise exercise, and no delay by the Lender in exercising, on the part of the Administrative Agent, the Collateral Agent or any Lender, any right, remedy, power or privilege hereunder or under the any other Credit Documents Related 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, and provided under each other Related Document, are cumulative and not exclusive of any rights, remedies, powers, powers and privileges provided by law.

Appears in 7 contracts

Samples: Intra Agency Agreement, Loan Agreement, Loan Agreement

No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative Agent or the L/C Issuer to exercise exercise, and no delay by any such Person in exercising, on the part of the Administrative Agent, the Collateral Agent or any Lender, 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 or therein provided are cumulative and not exclusive of any rights, remedies, powers, powers and privileges provided by law.

Appears in 7 contracts

Samples: Credit Agreement (Enbridge Energy Partners Lp), Credit Agreement (Atlantic Power Corp), Assignment and Acceptance Agreement (Enbridge Energy Partners Lp)

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 Lenderparty hereto, any right, remedy, power or privilege hereunder or under any of the other Credit Transaction Documents shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder under any of the Transaction Documents 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 the Transaction Documents are cumulative and not exclusive of any rights, remedies, powers, powers and privileges provided by law.

Appears in 7 contracts

Samples: Note Purchase Agreement (United States Cellular Corp), Note Purchase Agreement (United States Cellular Corp), VFN Note Purchase Agreement (United States Cellular Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative AgentArranger, the Collateral any Agent or any Lender, any right, remedy, power or privilege hereunder or under the other Credit 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, powers and privileges provided by law.

Appears in 7 contracts

Samples: Credit Agreement (Regal Entertainment Group), Credit Agreement (Williams Companies Inc), Credit Agreement (Williams Companies Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative Trust Collateral Agent, the Collateral Agent Indenture Trustee, the Noteholders or any Lenderthe Certificateholders, any right, remedy, power or privilege hereunder or under the other Credit Documents hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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, powers and privileges provided by law.

Appears in 7 contracts

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

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Collateral Agent, the Administrative Agent, the Collateral any Funding Agent or any Lender, any right, remedy, power or privilege hereunder or under the other Credit Documents hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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, powers and privileges provided by law.

Appears in 6 contracts

Samples: European Receivables Loan Agreement, Receivables Purchase Agreement (Huntsman International LLC), Servicing Agreement and Transaction Documents and Waiver (Huntsman International LLC)

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

Appears in 6 contracts

Samples: Credit Agreement (Salem Communications Corp /De/), Credit Agreement (Salem Communications Corp /De/), Credit Agreement (International Game Technology)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative AgentAgents, the Collateral Agent or any Lender, 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 6 contracts

Samples: First Lien Credit Agreement (Focus Financial Partners Inc.), First Lien Credit Agreement (Focus Financial Partners Inc.), First Lien Credit Agreement (Focus Financial Partners Inc.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative Agent, the Posting Agent, the Collateral Agent or any Lender, 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, powers and privileges provided by law.

Appears in 5 contracts

Samples: Credit Agreement (Energy Future Competitive Holdings CO), Intercreditor Agreement (Energy Future Intermediate Holding CO LLC), Credit Agreement (Energy Future Intermediate Holding CO LLC)

No Waiver; Cumulative Remedies. (a) No failure to exercise and no delay in exercisingby any Lender, on the part of the Administrative Agentany L/C Issuer, the Collateral Agent or the Administrative Agent to exercise, and no delay by any Lendersuch Person in exercising, 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, powers and privileges provided by law.

Appears in 5 contracts

Samples: Credit Agreement (Cincinnati Bell Inc), Credit Agreement (Cincinnati Bell Inc), Credit Agreement (Cincinnati Bell 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 Lender, 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 5 contracts

Samples: Credit Agreement (Canada Goose Holdings Inc.), Credit Agreement (Canada Goose Holdings Inc.), Credit Agreement (Canada Goose Holdings 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 Lender, any right, remedy, power or privilege hereunder or under the other Credit 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, powers and privileges provided by lawRequirements of Law.

Appears in 5 contracts

Samples: Loan Agreement (SunOpta Inc.), Loan Agreement (SunOpta Inc.), Credit Agreement (Samson Resources Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any Borrower, the Administrative Agent, the Collateral Agent or any Lender, any right, remedy, power or privilege hereunder or under the other Credit 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, powers and privileges provided by law.

Appears in 4 contracts

Samples: Credit and Guarantee Agreement (Case Credit Corp), Credit and Guarantee Agreement (Case Corp), Credit Agreement (Federal Mogul Corp)

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 Lender, 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, powers and privileges provided by law.. 13.4

Appears in 4 contracts

Samples: Credit Agreement (Snap One Holdings Corp.), Credit Agreement (Snap One Holdings Corp.), Credit Agreement (GCM Grosvenor 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 Lender, 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, powers and privileges provided by law.

Appears in 4 contracts

Samples: Credit Agreement (Sealy Corp), Credit Agreement (Sealy Corp), Credit Agreement (Sealy Corp)

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 Lender, any right, remedy, power or privilege hereunder or under the other any Credit Documents 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, powers and privileges provided by lawlaw or in any other Credit Document.

Appears in 4 contracts

Samples: Collateral Agreement (Stratus Technologies Bermuda Holdings Ltd.), Intercreditor Agreement (Stratus Technologies Bermuda Holdings Ltd.), Credit Agreement (Stratus Technologies Bermuda Holdings Ltd.)

No Waiver; Cumulative Remedies. No failure to exercise and no ------------------------------ delay in exercising, on the part of the Administrative Agent, the Collateral any Agent or any Lender, any right, remedy, power or privilege hereunder or under the other Credit 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, powers and privileges provided by law.

Appears in 4 contracts

Samples: Credit and Guarantee Agreement (SMTC Corp), Credit Agreement (Sba Communications Corp), Credit and Guarantee Agreement (SMTC Corp)

No Waiver; Cumulative Remedies. No Except as otherwise expressly set forth herein, no failure to exercise and no delay in exercising, on the part of the Administrative Agent, the Collateral Agent or any Issuing Lender, 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, powers and privileges provided by law.

Appears in 4 contracts

Samples: Control Agreement (Dynegy Inc.), Control Agreement (Dynegy Inc.), Letter of Credit Reimbursement and Collateral Agreement (Dynegy Inc.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of Trustee, any Credit Enhancement Provider or the Administrative Agent, the Collateral Agent or any LenderInvestor Holders, any right, remedy, power or privilege hereunder or under the other Credit Documents hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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, powers and privileges provided by law.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (First National Bank of Commerce), Pooling and Servicing Agreement (Mellon Bank Premium Finance Master Trust), Pooling and Servicing Agreement (First National Bank of Commerce)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative Agent, the Collateral Agent any Lender or any LenderIssuing Bank, any right, remedy, power or privilege hereunder or under the other Credit 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, powers and privileges provided by law.

Appears in 4 contracts

Samples: Credit Agreement (Micron Technology Inc), Credit Agreement (Micron Technology Inc), Credit Agreement (Micron Technology Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative any Arranger, any Agent, the Collateral Agent any Manager or any Lender, any right, remedy, power or privilege hereunder or under the other Credit 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, powers and privileges provided by law.

Appears in 3 contracts

Samples: Credit Agreement (Wynn Resorts LTD), Credit Agreement (Wynn Las Vegas LLC), Credit Agreement (Wynn Resorts LTD)

No Waiver; Cumulative Remedies. No failure to exercise and no ------------------------------ delay in exercising, on the part of the Administrative Agent, the Collateral Agent Issuing Bank or any LenderBank, 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 other rights, remedies, powers, and powers and/or privileges provided by lawavailable at law or in equity.

Appears in 3 contracts

Samples: Credit Agreement (Nexstar Finance Holdings LLC), Credit Agreement (Nexstar Broadcasting of the Wichita Falls LLC), Credit Agreement (Nexstar Broadcasting of the Wichita Falls LLC)

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 Lender, any right, remedy, power or privilege hereunder or under the other Credit 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, powers and privileges provided by law.

Appears in 3 contracts

Samples: Credit Agreement (Aeroflex Inc), Credit Agreement (Act Manufacturing Inc), Credit Agreement (Lifepoint Hospitals 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 Lender, any right, remedy, power or privilege hereunder or under the other Credit Loan Documents or the Interest Rate Hedge Agreements shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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, powers and privileges provided by law.

Appears in 3 contracts

Samples: Credit Agreement (Baldwin Technology Co Inc), Credit Agreement (Swisher International Group Inc), Credit Agreement (Swisher International Group Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative AgentBorrower, the Collateral Administrative Agent or any Lender, any right, remedy, power or privilege hereunder or under the other Credit 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, powers and privileges provided by law.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Case Corp), Revolving Credit Agreement (Case Credit Corp), Lear Corp /De/

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 Lender, 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.. 13.4

Appears in 3 contracts

Samples: Credit Agreement (Academy Sports & Outdoors, Inc.), Credit Agreement (Academy Sports & Outdoors, Inc.), Credit Agreement

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 Lender, any right, remedy, power or privilege hereunder or under the other Credit 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, powers and privileges provided by law.

Appears in 3 contracts

Samples: Credit Agreement (Cable Tv Fund 12-C LTD), Credit Agreement (Jones Intercable Inc), Credit Agreement (Banctec Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative Agent, the Collateral Agent any Issuing Lender or any Lender, any right, remedy, power or privilege hereunder or under the other Credit 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, powers and privileges provided by law.

Appears in 3 contracts

Samples: Credit Agreement (Blue Owl Capital Inc.), Credit Agreement (Blue Owl Capital Inc.), Credit Agreement (Blue Owl Capital Inc.)

No Waiver; Cumulative Remedies. No failure by any Lender, the L/C Administrator, any Fronting Bank or the Administrative Agent to exercise exercise, and no delay by any such Person in exercising, on the part of the Administrative Agent, the Collateral Agent or any Lender, 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, powers and privileges provided by law.

Appears in 3 contracts

Samples: Credit Agreement (Torchmark Corp), Credit Agreement (Torchmark Corp), Credit Agreement (Torchmark Corp)

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 LenderPurchaser, any right, remedy, power or privilege hereunder or under any of the other Credit Transaction Documents shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder under any of the Transaction Documents 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 the Transaction Documents are cumulative and not exclusive of any rights, remedies, powers, powers and privileges provided by law.

Appears in 3 contracts

Samples: Note Funding Agreement (Bluegreen Corp), Note Funding Agreement (Bluegreen Corp), Note Funding Agreement (Bluegreen Corp)

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 LenderPurchaser, any right, remedy, power or privilege hereunder or under any of the other Credit Related Documents shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder under any of the Related Documents 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 the Related Documents are cumulative and not exclusive of any rights, remedies, powers, powers and privileges provided by law.

Appears in 3 contracts

Samples: Class a Note Purchase Agreement (Oakwood Homes Corp), Class a Note Purchase Agreement (Oakwood Homes Corp), Note Purchase Agreement (Bluegreen Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative Trust Collateral Agent, the Collateral Agent Class A Insurer or any Lenderthe Class A Noteholders or the Certificateholders, any right, remedy, power or privilege hereunder or under the other Credit Documents hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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, powers and privileges provided by law.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Credit Acceptance Corporation), Sale and Servicing Agreement (Credit Acceptance Corporation)

No Waiver; Cumulative Remedies. No failure by any Lender, L/C Issuer or the Administrative Agent to exercise exercise, and no delay by any such Person in exercising, on the part of the Administrative Agent, the Collateral Agent or any Lender, 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 or therein provided are cumulative and not exclusive of any rights, remedies, powers, powers and privileges provided by law.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Heico Corp), Revolving Credit Agreement (Heico Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative Agent, the Collateral Agent any Lender or any LenderCredit Party, 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, powers and privileges provided by law.

Appears in 2 contracts

Samples: Letter of Credit Agreement (Hertz Corp), Credit Agreement (Dynatech Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative AgentEnhancement Provider, the Collateral Agent Trustee or any LenderVFC Certificateholder, any right, remedy, power or privilege hereunder or under the other Credit Documents hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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, powers and privileges provided by law.. B.

Appears in 2 contracts

Samples: Pooling Agreement (Specialty Foods Acquisition Corp), Pooling Agreement (Specialty Foods Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative AgentPurchaser, any Seller, the Collateral Administrative Agent or any Lendera Funding Agent, any right, remedy, power or privilege hereunder or under the other Credit Documents hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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, powers and privileges privilege provided by law.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Collins & Aikman Corp), Receivables Transfer Agreement (Collins & Aikman Corp)

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 Lender, any right, remedy, power or privilege hereunder or under the other Credit Documents 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 or provided in the other Credit Documents are cumulative and not exclusive of any rights, remedies, powers, powers and privileges provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Polo Ralph Lauren Corp), Credit Agreement (Polo Ralph Lauren Corp)

No Waiver; Cumulative Remedies. No Except as otherwise expressly set forth herein, no failure to exercise and no delay in exercising, on the part of the Administrative Agent, the Collateral Agent or any Lender, 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, powers and privileges provided by law.

Appears in 2 contracts

Samples: Letter of Credit Reimbursement Agreement, Letter of Credit Reimbursement Agreement (Dynegy Inc.)

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

Appears in 2 contracts

Samples: Assignment and Acceptance Agreement (Pma Capital Corp), Assignment and Acceptance Agreement (Pma Capital Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the any Administrative Agent, the Collateral Agent or any Lender, 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, powers and privileges provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Avago Technologies Manufacturing (Singapore) Pte. Ltd.), Credit Agreement (Avago Technologies LTD)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative Agent or the Collateral Agent, the Collateral Agent any Lender or any LenderCredit Party, any right, remedy, power or privilege hereunder or under the other Credit Documents Notes 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, powers and privileges provided by law.

Appears in 2 contracts

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

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of any Borrower, the Administrative Agent, the Collateral Agent or any Lender, any right, remedy, power or privilege hereunder or under the other Credit 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, powers and privileges provided by law.

Appears in 2 contracts

Samples: Lear Corp /De/, Lear Corp Eeds & Interiors

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 Lender, any right, remedy, power or privilege hereunder or under the other Credit Documents 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 or provided in the other Credit Documents are cumulative and not exclusive of any rights, remedies, powers, powers and privileges provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Computer Learning Centers Inc), Credit Agreement (Computer Learning Centers Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative AgentTransferor, the Collateral Agent Servicer, the Trustee or any Lenderthe Investor Certificateholders, any right, remedy, power or privilege hereunder or under the other Credit Documents hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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, powers and privileges provided by law.

Appears in 2 contracts

Samples: Master Pooling and Servicing Agreement (Circuit City Credit Card Master Trust), Pooling and Servicing Agreement (Fnanb Credit Card Master Trust)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative AgentIndenture Trustee, any Enhancement Provider or the Collateral Agent or any LenderNoteholders, any right, remedy, power or privilege hereunder or under the other Credit Documents hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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, powers and privileges provided by law.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (A I Receivables Transfer Corp), Indenture (A I Receivables Transfer Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative AgentTrustee, any Enhancement Provider or the Collateral Agent or any LenderInvestor Securityholders, any right, remedy, power or privilege hereunder or under the other Credit Documents hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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, powers and privileges provided by law.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Metris Companies Inc), Pooling and Servicing Agreement (Fingerhut Receivables Inc)

No Waiver; Cumulative Remedies. No failure by the Collateral Agent to exercise exercise, and no delay in exercising, on the part of the Administrative Agent, by the Collateral Agent or any Lenderin exercising, 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, and provided under each other Financing Document, are cumulative and not exclusive of any rights, remedies, powers, powers and privileges provided by law.

Appears in 2 contracts

Samples: Pledge and Security Agreement (First United Ethanol LLC), Pledge and Security Agreement (First United Ethanol LLC)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative Agent, the Collateral Agent Borrower, or any Lender, any right, remedy, power or privilege hereunder or under the other Credit 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, powers and privileges provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Federal Express Corp), Credit Agreement (Fedex Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercisingby any Lender, on the part of the Administrative Agent, or the Collateral Agent or to exercise, and no delay by any Lendersuch Person in exercising, 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 or therein provided are cumulative and not exclusive of any rights, remedies, powers, powers and privileges provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Martin Midstream Partners L.P.), Security Agreement (Martin Midstream Partners Lp)

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No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative Agent, the Collateral Agent any Lender or any LenderLetter of Credit Issuer, 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, powers and privileges provided by law.

Appears in 2 contracts

Samples: Revolving Credit Agreement (NXP Semiconductors N.V.), Revolving Credit Agreement (NXP Semiconductors N.V.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative Agent, the Collateral Agent, any other Agent or any Lender, 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, powers and privileges provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Kinder Morgan Holdco LLC), Pledge Agreement (Kinder Morgan 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 Lender, any right, remedy, power or privilege hereunder or under the other Credit 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, powers and privileges provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Time Warner Telecom Inc), Credit Agreement (Agl Resources Inc)

No Waiver; Cumulative Remedies. No failure by any Lender, the L/C Issuer or the Administrative Agent to exercise exercise, and no delay by any such Person in exercising, on the part of the Administrative Agent, the Collateral Agent or any Lender, any right, remedy, power or privilege hereunder or under the any other Credit Documents 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, and provided under each other Credit Document, are cumulative and not exclusive of any rights, remedies, powers, powers and privileges provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Stonemor Partners Lp), Credit Agreement (Stonemor Partners Lp)

No Waiver; Cumulative Remedies. No failure by any Lender, the L/C Issuer or the Administrative Agent to exercise exercise, and no delay by any such Person in exercising, on the part of the Administrative Agent, the Collateral Agent or any Lender, 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 or therein provided are cumulative and not exclusive of any rights, remedies, powers, powers and privileges provided by lawLaw.

Appears in 2 contracts

Samples: Credit Agreement (PHX Minerals Inc.), Credit Agreement (Panhandle Oil & Gas 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 LenderLender or Issuing Bank, 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, powers and privileges provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Big Heart Pet Brands), Credit Agreement (Del Monte Foods Co)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative Trust Collateral Agent, the Collateral Agent Indenture Trustee, the Noteholders or any Lenderthe Certificateholders, any right, remedy, power or privilege hereunder or under the other Credit Documents hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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, 109 remedies, powers and privileges herein provided are cumulative and not exclusive exhaustive of any rights, remedies, powers, powers and privileges provided by law.

Appears in 2 contracts

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

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative Agent, the Collateral Documentation Agent, the Syndication Agent or any Lender, any right, remedy, power or privilege hereunder or under the other Credit Documents hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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, powers and privileges provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Revlon Consumer Products Corp), Credit Agreement (Revlon Worldwide Parent Corp)

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

Appears in 2 contracts

Samples: Collection Agency and Account Agreement (Celestica Inc), Collection Agency and Account Agreement (Celestica Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative Agent, the a Collateral Agent or any Lender, 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, powers and privileges provided by law.

Appears in 2 contracts

Samples: Credit Agreement (NXP Semiconductors N.V.), Credit Agreement (NXP Semiconductors N.V.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative Agent, Lenders or the Collateral Agent or any Lender, any right, remedy, power or privilege hereunder or under any of the other Credit Operative 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 provided herein provided and in the other Operative Documents are cumulative and not exclusive of any rights, remedies, powers, powers and privileges provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Onyx Acceptance Corp), Credit Agreement (Onyx Acceptance Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative AgentTransferor, the Collateral Agent Servicer, the Indenture Trustee or any Lenderthe Noteholders, any right, remedy, power or privilege hereunder or under the other Credit Documents hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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, powers and privileges provided by law.

Appears in 2 contracts

Samples: Transfer and Servicing Agreement (Dc Funding International Inc), Transfer and Servicing Agreement (Fnanb Credit Card Master Trust)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative Agentby any Holder, the Collateral Agent or the Administrative Holder to exercise, and no delay by any Lendersuch Person in exercising, 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, subject to the terms of applicable Law. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers, powers and privileges provided by law.

Appears in 2 contracts

Samples: Note Purchase Agreement (Deerfield Triarc Capital Corp), Note Purchase Agreement (Triarc Companies Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative Collateral Agent, the Collateral Administrative Agent or any Lender, any right, remedy, power or privilege hereunder or under the other Credit 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, powers and privileges provided by law.

Appears in 2 contracts

Samples: And Guarantee Agreement (Harris Chemical North America Inc), Credit and Guarantee Agreement (Harris Chemical North America 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 Lenderparty hereto, any right, remedy, power or privilege hereunder or under any of the other Credit Related Documents shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder under any of the Related Documents 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 the Related Documents are cumulative and not exclusive of any rights, remedies, powers, powers and privileges provided by law.

Appears in 2 contracts

Samples: Note Purchase Agreement (First Consumers Master Trust), Note Purchase Agreement (First Consumers Master Trust)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative Agent, the Collateral Agent any Letter of Credit Issuer or any Lender, any right, remedy, power or privilege hereunder or under the other Credit 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, powers and privileges provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Americold Realty Trust), Credit Agreement (International Market Centers, 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 Lender, 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.. 121

Appears in 1 contract

Samples: Senior Secured Term Loan Credit Agreement (Skillsoft Corp.)

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 Lenderthe Obligee, 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, remediesrem- edies, powers, powers and privileges provided by law.

Appears in 1 contract

Samples: Secured Agreement (Atlantic Gulf Communities Corp)

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 Lender, any right, remedy, power or privilege hereunder or under the other Credit Documents Loan Notes and Subsidiary Guarantees shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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, powers and privileges provided by law.

Appears in 1 contract

Samples: Credit Agreement (Renters Choice 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 Lender, 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, powers and privileges provided by lawRequirements of Law.

Appears in 1 contract

Samples: Dip Credit Agreement (Chesapeake Energy Corp)

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 Lender, 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.. 164

Appears in 1 contract

Samples: First Lien Credit Agreement (BrightView Holdings, 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 Lender, 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, powers and privileges provided by law.

Appears in 1 contract

Samples: Credit Agreement (Zhone Technologies Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative AgentTrustee, the Collateral Agent or any LenderSecured Party, any right, remedy, power or privilege hereunder or under the other Credit Documents hereunder, shall operate as a waiver thereof, ; nor shall any [Base Indenture (OF XIV)] single or partial exercise of any 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, powers and privileges provided by lawLaw.

Appears in 1 contract

Samples: Oportun Financial Corp

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative Agent, the Collateral Agent Issuing Bank or any Lender, any right, remedy, power or privilege hereunder or under the any other Credit Documents 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, powers and privileges provided by law.

Appears in 1 contract

Samples: Credit Agreement (Brake Headquarters U S a 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 Lender, any right, remedy, power or CREDIT AGREEMENT privilege hereunder or under the other Credit 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, powers and privileges provided by law.

Appears in 1 contract

Samples: Credit Agreement (Mastercard Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative AgentIssuer Trustee, the Collateral Agent or any Lenderthe Noteholders, any right, remedy, power or privilege hereunder or under the other Credit Documents hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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, powers and privileges provided by law.

Appears in 1 contract

Samples: Agency and Servicing Agreement (Newcourt Receivables Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative Agent, the Collateral Agent Issuing Bank or any Lender, any right, remedy, power or privilege hereunder or under the other Credit 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, powers and privileges provided by law.

Appears in 1 contract

Samples: Credit Agreement (Pg&e National Energy Group Inc)

No Waiver; Cumulative Remedies. No failure on the part of the Administrative Agent or Lender to exercise and no delay in exercising, on the part and no course of the Administrative Agent, the Collateral Agent or any Lenderdealing with respect to, any right, remedy, power or privilege hereunder under this Agreement or under the any other Credit Documents Facility Document shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder under this Agreement or any other Credit Facility Document preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges provided herein provided are cumulative and not exclusive of any rights, remedies, powers, powers and privileges provided by law.

Appears in 1 contract

Samples: Assumption Agreement (Mack Cali Realty Corp)

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 Lender, 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.. 179

Appears in 1 contract

Samples: Credit Agreement (BrightView Holdings, 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 Lender, 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, -170- powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers, powers and privileges provided by law.

Appears in 1 contract

Samples: 2016 March Extension (First Data Corp)

No Waiver; Cumulative Remedies. No failure by any Lender, the Credit-Linked L/C Issuer or the Administrative Agent to exercise exercise, and no delay by any such Person in exercising, on the part of the Administrative Agent, the Collateral Agent or any Lender, 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, powers and privileges provided by law.

Appears in 1 contract

Samples: Credit Agreement (Calumet Specialty Products Partners, L.P.)

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 Lender, 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.. 113

Appears in 1 contract

Samples: Term Loan Credit Agreement (Skillsoft Corp.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative any Agent, the Collateral Agent Issuing Lender or any Lender, any right, remedy, power or privilege hereunder or under the other Credit 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, powers and privileges provided by law.. 122

Appears in 1 contract

Samples: Credit Agreement (B&G Foods, Inc.)

No Waiver; Cumulative Remedies. No failure by any Lender, the Administrative Agent or the Collateral Agent to exercise exercise, and no delay by any such Person in exercising, on the part of the Administrative Agent, the Collateral Agent or any Lender, 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 76 privileges herein or therein provided are cumulative and not exclusive of any rights, remedies, powers, powers and privileges provided by lawLaw.

Appears in 1 contract

Samples: Credit Agreement (Allis Chalmers Energy 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 Lender, any right, remedy, power or privilege hereunder or under the other Credit 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, powers and privileges provided by law.

Appears in 1 contract

Samples: Credit Agreement (Global Payments 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 Lender, 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, powers and privileges provided by law.

Appears in 1 contract

Samples: Credit Agreement (Hexcel Corp /De/)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative any Agent, any Lender or the Collateral Agent or any Swingline Lender, any right, remedy, power or privilege hereunder or under the other Credit 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, powers and privileges provided by law.

Appears in 1 contract

Samples: Credit Agreement (Envirosource Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Administrative Agent, the Collateral HK Administrative Agent or any LenderBank, 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, powers and privileges provided by law.

Appears in 1 contract

Samples: Credit Agreement (Arrow Electronics 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 Lender, 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.. 165

Appears in 1 contract

Samples: Credit Agreement (Skillsoft Corp.)

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