Common use of NO WAIVER; CUMULATIVE RIGHTS Clause in Contracts

NO WAIVER; CUMULATIVE RIGHTS. No failure on the part of the Company to exercise, and no delay in exercising, any right, remedy or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by the Company of any right, remedy or power hereunder preclude any other or future exercise of any right, remedy or power. Each and every right, remedy and power hereby granted to the Company or allowed it by law or other agreement shall be cumulative and not exclusive of any other, and may be exercised by the Company at any time or from time to time.

Appears in 18 contracts

Samples: Limited Guarantee (P2 Capital Partners, LLC), Commitment Agreement (American Capital Strategies LTD), Letter Agreement (Neubauer Joseph)

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NO WAIVER; CUMULATIVE RIGHTS. No failure on the part of the Company to exercise, and no delay in exercising, any right, remedy or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by the Company of any right, remedy or power hereunder preclude any other or future exercise of any right, remedy or powerpower hereunder. Each and every right, remedy and power hereby granted to the Company or allowed it by law or other agreement shall be cumulative and not exclusive of any other, and may be exercised by the Company at any time or from time to time.

Appears in 17 contracts

Samples: Agreement and Plan of Merger (I Many Inc), Agreement and Plan of Merger (Keane, Inc.), Agreement and Plan of Merger (Kronos Inc)

NO WAIVER; CUMULATIVE RIGHTS. No failure on the part of the Company to exercise, and no delay in exercising, any right, remedy or power hereunder hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise by the Company of any right, remedy or power hereunder preclude any other or future exercise of any right, remedy or powerpower hereunder. Each and every right, remedy and or power hereby granted to the Company or allowed it by law or other agreement shall be cumulative and not exclusive of any other, and may be exercised by the Company at any time or from time to time.

Appears in 3 contracts

Samples: Adesa Inc, Adesa Inc, Adesa Inc

NO WAIVER; CUMULATIVE RIGHTS. No failure on the part of the Company to exercise, and no delay in exercising, any right, remedy or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by the Company of any right, remedy or power hereunder preclude any other or future exercise of any right, remedy or power. Each and every right, remedy and power hereby granted to the Company or allowed it by law Law or other agreement shall be cumulative and not exclusive of any other, and may be exercised by the Company at any time or from time to time.

Appears in 2 contracts

Samples: Letter Agreement (Privet Fund LP), Letter Agreement (Privet Fund LP)

NO WAIVER; CUMULATIVE RIGHTS. No failure on the part of the Company to exercise, and no delay in exercising, any right, remedy or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by the Company of any right, remedy or power hereunder or under the Merger Agreement or otherwise preclude any other or future exercise of any right, remedy or powerpower hereunder. Each and every right, remedy and power hereby granted to the Company or allowed it by law Law or other agreement shall be cumulative and not exclusive of any other, and may be exercised by the Company at any time or from time to time.

Appears in 2 contracts

Samples: Sage Parent Company, Inc., Sport Supply Group, Inc.

NO WAIVER; CUMULATIVE RIGHTS. No failure on the part of the Company to exercise, and no delay in exercising, any right, remedy or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by the Company of any right, remedy or power hereunder preclude any other or future exercise of any right, remedy or power. Each and every right, remedy and power hereby granted to the Company or allowed it by law Law or other agreement shall be cumulative and not exclusive of any other, other and may be exercised by the Company at any time or from time to time.

Appears in 1 contract

Samples: Privet Fund LP

NO WAIVER; CUMULATIVE RIGHTS. No failure on the part of the Company to exercise, and no delay in exercising, any right, remedy or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by the Company of any right, remedy or power hereunder preclude any other or future exercise of any right, remedy or power. Each and every right, remedy and power hereby granted to the Company or allowed it by law law, equity or other agreement shall be cumulative and not exclusive of any other, and may be exercised by the Company at any time or from time to time.

Appears in 1 contract

Samples: CHC Helicopter Corp

NO WAIVER; CUMULATIVE RIGHTS. No failure on the part of the Company to exercise, and no delay in exercising, any right, remedy remedy, or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by the Company of any right, remedy remedy, or power hereunder preclude any other or future exercise of any right, remedy remedy, or power. Each and every right, remedy remedy, and power hereby granted to the Company or allowed it by law applicable Law or other agreement shall be cumulative and not exclusive of any other, and may be exercised by the Company at any time or from time to time.

Appears in 1 contract

Samples: Guaranty (Tellurian Inc. /De/)

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NO WAIVER; CUMULATIVE RIGHTS. No failure on the part of the Company to exercise, and no delay in exercising, any right, remedy or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by the Company of any right, remedy or power hereunder preclude any other or future exercise of any right, remedy or power. Each and every right, remedy and power hereby granted to the Company or allowed it by law or other agreement shall be cumulative and not exclusive of any other, other and may be exercised by the Company at any time or from time to time.

Appears in 1 contract

Samples: Equity Contribution Agreement (Interstate Bakeries Corp/De/)

NO WAIVER; CUMULATIVE RIGHTS. No failure on the part of the Company to exercise, and no delay in exercising, any right, remedy or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by the Company of any right, remedy or power hereunder preclude any other or future exercise of any right, remedy or powerpower hereunder. Each and every right, remedy and power hereby granted to the Company or allowed it by law Law or other agreement shall be cumulative and not exclusive of any other, and may be exercised by the Company at any time or from time to time.

Appears in 1 contract

Samples: Guarantee (Internet Brands, Inc.)

NO WAIVER; CUMULATIVE RIGHTS. No failure on the part of the Company to exercise, and no delay of the Company in exercising, any right, remedy or power hereunder shall operate as a waiver thereof, nor shall any and no single or partial exercise by the Company of any right, remedy or power hereunder shall preclude any other or future exercise of any right, remedy or power. Each and every right, remedy and power hereby granted to the Company or allowed it by law applicable Law or other agreement shall be cumulative and not exclusive of any other, other and may be exercised by the Company at any time or from time to time.

Appears in 1 contract

Samples: Limited Guaranty (Marubeni Corp /Fi)

NO WAIVER; CUMULATIVE RIGHTS. No failure on the part of the Company to exercise, and no delay in exercising, any right, remedy or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by the Company of any right, remedy or power hereunder or under the Merger Agreement or otherwise preclude any other or future exercise of any right, remedy or powerpower hereunder. Each and every right, remedy and power hereby granted to the Company or allowed it by law or other agreement shall be cumulative and not exclusive of any other, and may be exercised by the Company at any time or from time to time.

Appears in 1 contract

Samples: Parent Fee Funding Agreement (Ancestry.com Inc.)

NO WAIVER; CUMULATIVE RIGHTS. No failure on the part of the Company to exercise, and no delay in exercising, any right, remedy or power hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise by the Company of any right, remedy or power hereunder preclude any other or future exercise of any right, remedy or powerpower hereunder. Each and every right, remedy and power hereby granted to the Company or allowed it by law or other agreement shall be cumulative and not exclusive of any other, and may be exercised by the Company at any time or from time to time.

Appears in 1 contract

Samples: Limited Guarantee (Zones Inc)

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