No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company or any other Credit Party and the Administrative Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 6 contracts
Samples: Term Loan Credit Agreement (Omnova Solutions Inc), Term Loan Credit Agreement (Omnova Solutions Inc), Term Loan Credit Agreement (Omnova Solutions Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Loan Document and no course of dealing between the Company Borrowers or any other Credit Loan Party and the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Loan Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Loan Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Credit Loan Party in any case shall entitle any Credit Loan Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 5 contracts
Samples: Credit Agreement (Dynagas LNG Partners LP), Credit Agreement (Seadrill Partners LLC), Credit Agreement (Ocean Rig UDW Inc.)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agents, the Collateral Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Borrowers or any other Credit Party and the Administrative Agents, the Collateral Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agents, the Collateral Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agents, the Collateral Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 5 contracts
Samples: Restatement Agreement (SunOpta Inc.), Credit Agreement (SunOpta Inc.), Credit Agreement (SunOpta Inc.)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or Agent, the Collateral Agent, any Lender or any holder the Letter of any Note Credit Issuer in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company or any other Credit Party and the Administrative Agent or Agent, the Collateral Agent, any Lender or the holder Letter of any Note Credit Issuer shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers rights and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers rights or remedies which that the Administrative Agent or Agent, the Collateral Agent, any Lender or the holder Letter of any Note Credit Issuer would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or any Lender Agent, the Collateral Agent, the Lenders or the holder Letter of any Note Credit Issuer to any other or further action in any circumstances without notice or demand.
Appears in 4 contracts
Samples: Credit Agreement (Compass Minerals International Inc), Credit Agreement (Compass Minerals International Inc), Credit Agreement (Compass Minerals International Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative any Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Borrower or any other Credit Party and the Administrative any Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative any Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative any Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 4 contracts
Samples: Credit Agreement (Texas Genco Holdings Inc), Credit Agreement (Eye Care Centers of America Inc), Credit Agreement (Eye Care Centers of America Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent Agent, any Issuing Lender or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company any Borrower or any other Credit Party and the Administrative Agent Agent, any Issuing Lender or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent Agent, any Issuing Lender or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent Agent, any Issuing Lender or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 4 contracts
Samples: Credit Agreement (Aleris Ohio Management, Inc.), Credit Agreement (Aleris Ohio Management, Inc.), Credit Agreement (Aleris Ohio Management, Inc.)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender Bank or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Borrowers or any other Credit Party and the Administrative Agent or any Lender Bank or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent or any Lender Bank or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or any Lender Bank or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 4 contracts
Samples: Credit Agreement (Interco Inc), Credit Agreement (Furniture Brands International Inc), Credit Agreement (Furniture Brands International Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Borrower or any other Credit Party and the Administrative Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent or Agent, any Lender or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 4 contracts
Samples: Credit Agreement (Diamond S Shipping Inc.), Credit Agreement (Diamond S Shipping Inc.), Credit Agreement (Diamond S Shipping Inc.)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Borrower or any other Credit Party and the Administrative Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 3 contracts
Samples: Credit Agreement (Oaktree Capital Management Lp), Credit Agreement (General Maritime Corp / MI), Credit Agreement (General Maritime Corp / MI)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or Agent, any Lender or any holder of any a Line of Credit Note in exercising any right, power right or privilege remedy hereunder or under any other Credit Document Document, and no course of dealing between the Company or any other Credit Party and the Administrative Agent or Agent, any Lender or the holder of any Line of Credit Note shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, power right or privilege remedy hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power right or privilege remedy hereunder or thereunder. The rights, powers rights and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers rights or remedies which the Administrative Agent or Agent, any Lender or the holder of any Line of Credit Note would otherwise have. No notice to or demand on any Credit Party not required hereunder or under any other Credit Document in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or any Lender Agent, the Lenders or the holder of any Line of Credit Note to any other or further action in any circumstances without notice or demand.
Appears in 3 contracts
Samples: Line of Credit Agreement (Hughes Supply Inc), Line of Credit Agreement (Hughes Supply Inc), Line of Credit Agreement (Hughes Supply Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender or any holder of any Note Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Borrower or any other Credit Party and the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note Bank shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note Bank would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note Bank to any other or further action in any circumstances without notice or demand.
Appears in 3 contracts
Samples: Term Loan Agreement (Alpine Group Inc /De/), Term Loan Agreement (Acg Holdings Inc), Term Loan Agreement (Sullivan Graphics Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender the Syndication Agent or any holder of any Note Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Borrower or any other Credit Party and the Administrative Agent, the Syndication Agent or any Lender or the holder of any Note Bank shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Syndication Agent or any Lender or the holder of any Note Bank would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent, the Syndication Agent or any Lender or the holder of any Note Bank to any other or further action in any circumstances without notice or demand.
Appears in 3 contracts
Samples: Credit Agreement (Omniquip International Inc), Credit Agreement (Omniquip International Inc), Credit Agreement (Omniquip International Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company a Borrower or any other Credit Party and the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 3 contracts
Samples: Credit Agreement (International Money Express, Inc.), Credit Agreement (WESTMORELAND COAL Co), Credit Agreement (Fintech Acquisition Corp. II)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Facility Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Borrower or any other Credit Party and the Administrative Facility Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Facility Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Facility Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 3 contracts
Samples: Credit Agreement, Credit Agreement (Gener8 Maritime, Inc.), Credit Agreement (Gener8 Maritime, Inc.)
No Waiver; Remedies Cumulative. No failure or delay on the ------------------------------ part of the Administrative any Agent or any Lender Bank or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company any Borrower or any other Credit Party and the Administrative any Agent or any Lender Bank or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative any Agent or any Lender Bank or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative any Agent or any Lender Bank or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 3 contracts
Samples: Credit Agreement (Extended Stay America Inc), Credit Agreement (Extended Stay America Inc), Credit Agreement (Extended Stay America Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative any Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Borrowers or any other Credit Party and the Administrative any Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative any Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative any Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 3 contracts
Samples: Credit Agreement (Furniture Brands International Inc), Credit Agreement (Furniture Brands International Inc), Credit Agreement (Furniture Brands International Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative any Agent or any Lender Bank or any holder of any Revolving Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Borrower or any other Credit Party and the Administrative any Agent or any Lender Bank or the holder of any Revolving Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative any Agent or any Lender Bank or the holder of any Revolving Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative any Agent or any Lender Bank or the holder of any Revolving Note to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Northwest Airlines Corp), Credit Agreement (Northwest Airlines Corp)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company or any other Credit Party and the Administrative Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Southwest General Hospital Lp), Credit Agreement (Iasis Healthcare Corp)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or Agent, any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company or any other Credit Party Borrower and the Administrative Agent or Agent, any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent or Agent, any Lender or the holder of any Note would otherwise have. No notice to or demand on any Credit Loan Party in any case shall entitle any Credit Loan Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or Agent, any Lender or the holder of any Note to any other or further action in any circumstances without notice or demanddemand (in any such case, except to the extent notice is expressly required pursuant to any order of the Bankruptcy Court or any Credit Document).
Appears in 2 contracts
Samples: Secured Debtor in Possession Credit Agreement, Secured Debtor in Possession Credit Agreement
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Borrowers or any other Credit Party and the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies expressly provided herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (SAExploration Holdings, Inc.), Credit Agreement (SAExploration Holdings, Inc.)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company any Borrower or any other Credit Party and the Administrative Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Overseas Shipholding Group Inc), Credit Agreement (Overseas Shipholding Group Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender or any holder of any Note Issuing Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Borrower or any other Credit Party and the Administrative Agent or any Lender or the holder of any Note Issuing Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent or any Lender or the holder of any Note Issuing Lender would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or any Lender or the holder of any Note Issuing Lender to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (OCI Partners LP)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender or any holder of any Note other Secured Party in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company or any other Credit Party and the Administrative Agent or any Lender or other Secured Party and any of the holder of any Note Credit Parties shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers rights and remedies herein or in any of the Administrative Agent and the other Secured Parties hereunder and under the other Credit Document expressly provided Documents are cumulative and not exclusive of any rights, powers rights or remedies which the Administrative Agent or any Lender or the holder of any Note other Secured Party would otherwise havehave at law or otherwise. No notice to or demand on any Credit Party in any case shall entitle the Borrower or any other Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or any Lender or the holder of any Note other Secured Parties to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Flo Fill Co Inc), Credit Agreement (Isg Resources Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent any Agent, any Issuing Lender or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Borrower or any other Credit Party and the Administrative Agent any Agent, any Issuing Lender or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent any Agent, any Issuing Lender or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent any Agent, any Issuing Lender or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Nash Finch Co), Credit Agreement (Nash Finch Co)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Bridge Loan Document and no course of dealing between the Company Borrower or any other Credit Party and the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Bridge Loan Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Bridge Loan Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Bridge Loan Agreement (CF Industries Holdings, Inc.), Bridge Loan Agreement (CF Industries Holdings, Inc.)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Borrowers or any other Credit Party and the Administrative Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Trico Marine Services Inc), Credit Agreement (VHS of Anaheim Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Holdings or any other Credit Party and the Administrative Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Universal Compression Holdings Inc), Credit Agreement (Universal Compression Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender Bank or any holder of any Revolving Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Borrower or any other Credit Party and the Administrative Agent or any Lender Bank or the holder of any Revolving Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent or any Lender Bank or the holder of any Revolving Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or any Lender Bank or the holder of any Revolving Note to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (H-R Window Supply Inc), Credit Agreement (Northwest Airlines Corp)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent Agent, the Collateral Trustee or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Borrower or any other Credit Party and the Administrative Agent Agent, the Collateral Trustee or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent Agent, the Collateral Trustee or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent Agent, the Collateral Trustee or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement and Subsidiaries Guaranty (Leap Wireless International Inc), Credit Agreement (Leap Wireless International Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Managing Agent or any Lender Bank or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Borrower or any other Credit Party and the Administrative Managing Agent or any Lender Bank or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Managing Agent or any Lender Bank or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Managing Agent or any Lender Bank or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Chancellor Radio Broadcasting Co), Credit Agreement (Chancellor Broadcasting Co /De/)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Loan Document and no course of dealing between the Company Borrower or any other Credit Loan Party and the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Loan Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Loan Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Credit Loan Party in any case shall entitle any Credit Loan Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Intercreditor Agreement (Alden Global Capital LLC), First Lien Term Loan Credit and Guarantee Agreement (Alden Global Capital LLC)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender Bank or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Borrower or any other Credit Party and the Administrative Agent or any Lender Bank or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent or any Lender Bank or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the 147 Administrative Agent or any Lender Bank or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Capstar Radio Broadcasting Partners Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender Bank or any holder of any Term Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Borrower or any other Credit Party and the Administrative Agent or any Lender Bank or the holder of any Term Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent or any Lender Bank or the holder of any Term Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or any Lender Bank or the holder of any Term Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Term Loan Agreement (Autotote Corp)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent Agent, the Issuing Bank or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Loan Document and no course of dealing between the Company Borrower or any other Credit Loan Party and the Administrative Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Loan Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Loan Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent Agent, the Issuing Bank or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Credit Loan Party in any case shall entitle any Credit Loan Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent Agent, the Issuing Bank or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Abl Credit and Guarantee Agreement (ATI Intermediate Holdings, LLC)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender Bank or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Borrower or any other Credit Party and the Administrative Agent or any Lender Bank or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent or any Lender Bank or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any such Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or any Lender Bank or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (JCC Holding Co)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender Bank or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Borrowers or any other Credit Party and the Administrative Agent or any Lender Bank or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent or any Lender Bank or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in (143) any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or any Lender Bank or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender Bank or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Holdings or any Borrower or any other Credit Party and the Administrative Agent or any Lender Bank or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent or any Lender Bank or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or any Lender Bank or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Aearo Corp)
No Waiver; Remedies Cumulative. No failure or delay on the ------------------------------ part of the Administrative any Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Borrower or any other Credit Party and the Administrative any Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative any Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative any Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Waters Corp /De/)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative any Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company any Credit Agreement Party or any other Credit Party and the Administrative any Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative any Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative any Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Vertis Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender Bank or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between Holdings or the Company Borrower or any other Credit Party and the Administrative Agent or any Lender Bank or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent or any Lender Bank or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or any Lender Bank or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender Bank or any holder of any Term Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Borrowers or any other Credit Party and the Administrative Agent or any Lender Bank or the holder of any Term Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent or any Lender Bank or the holder of any Term Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or any Lender Bank or the holder of any Term Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender Bank or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between Holdings, the Company Borrower or any other Credit Party and the Administrative Agent or any Lender Bank or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent or any Lender Bank or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or any Lender Bank or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender Bank or any holder of any Revolving Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Borrower or any other Credit Party and the Administrative Agent or any Lender Bank or the holder of any Revolving Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent or any Lender Bank or the holder of any Revolving Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.the
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company or any other Credit Party and the Administrative Agent Agents or any Lender or any Letter of Credit Issuer or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent Agents or any Lender or any Letter of Credit Issuer or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent Agents or any Lender or any Letter of Credit Issuer or the holder of any Note to any other or to further action in any circumstances without notice or demand.
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative any Agent or any Lender or any holder of any Revolving Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Borrower or any other Credit Party and the Administrative any Agent or any Lender or the holder of any Revolving Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative any Agent or any Lender or the holder of any Revolving Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative any Agent or any Lender or the holder of any Revolving Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure or delay on the ------------------------------ part of the Administrative Agent or any Lender Bank or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Borrower or any other Credit Party and the Administrative Agent or any Lender Bank or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent or any Lender Bank or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or any Lender Bank or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Autotote Corp)
No Waiver; Remedies Cumulative. No failure or delay on the part of any Credit Party or the Administrative Agent or any Lender or any holder of any Note in exercising any right, power right or privilege hereunder remedy under this Agreement or under any other Credit Financing Document and no course of dealing between the Company or any other Credit Party and Party, the Administrative Agent or any Lender or the any holder of any Note shall operate as a waiver thereof; , nor shall any single or partial exercise of any rightright or remedy under the Notes, power this Agreement or privilege hereunder or under any other Credit Financing Document preclude any other or further exercise thereof or the exercise of any other rightright or remedy under the Notes, power this Agreement or privilege hereunder or thereunderany other Financing Document. The rights, powers rights and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers rights or remedies which any Credit Party, the Administrative Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Credit Party not required under the Notes, this Agreement or any other Financing Document in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or any Lender or the holder of any Note Lenders to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure or delay on the part ------------------------------ of the Administrative Agent or any Lender Bank or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Borrower or any other Credit Party and the Administrative Agent or any Lender Bank or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent or any Lender Bank or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or any Lender Bank or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure or delay on the ------------------------------ part of the Agent, the Administrative Agent or Agent, any Lender or any holder of any a Note in exercising any right, power right or privilege remedy hereunder or under any other Credit Document Document, and no course of dealing between the Company or any other Credit Party and the Agent, the Administrative Agent or Agent, any Lender or the holder of any Note shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, power right or privilege remedy hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power right or privilege remedy hereunder or thereunder. The rights, powers rights and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers rights or remedies which the Agent, the Administrative Agent or Agent, any Lender or the holder of any Note would otherwise have. No notice to or demand on any Credit Party not required hereunder or under any other Credit Document in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Agent, the Administrative Agent or any Lender Agent, the Lenders or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent Agent, the Arranger or any Lender Bank or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company or any other Credit Party and the Administrative Agent Agent, the Arranger or any Lender Bank or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent Agent, the Arranger or any Lender Bank or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle the any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent Agent, the Arranger or any Lender Bank or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure or delay on the ------------------------------ part of the Administrative any Agent or any Lender Bank or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Borrower or any other Credit Party and the Administrative any Agent or any Lender Bank or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative any Agent or any Lender Bank or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative any Agent or any Lender Bank or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agents, the Collateral Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Borrowers or any other Credit Party and the Administrative Agents, the Collateral Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agents, the Collateral Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agents, the Collateral Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand. 12.06.12.06. [Reserved].
Appears in 1 contract
Samples: Restatement Agreement (SunOpta Inc.)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Borrowers or any other Credit Party and the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand. .
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure or delay on the ------------------------------ part of the Administrative Agent Agents, the Co-Documentation Agents or any Lender or any holder of any Note Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company or any other Credit Party and any of the Administrative Agents, the Co- Documentation Agents, the Collateral Agent or any Lender or the holder of any Note Bank shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers rights and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers rights or remedies which any of the Administrative Agents, the Co-Documentation Agents, the Collateral Agent or any Lender or the holder of any Note Bank would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agents, the Co- Documentation Agents, the Collateral Agent or any Lender or the holder of any Note Banks to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Dade Behring Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender or any holder of any Note Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company any Borrower or any other Credit Party and the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note Bank shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note Bank would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note Bank to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender Bank or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between Holdings or the Company Borrowers or any other Credit Party and the Administrative Agent or any Lender Bank or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent or any Lender Bank or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or any Lender Bank or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Gleason Corp /De/)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent Agent, any Issuing Lender or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Borrower or any other Credit Party and the Administrative Agent Agent, any Issuing Lender or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent Agent, any Issuing Lender or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent Agent, any Issuing Lender or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative any Agent or any Lender Bank or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Borrower or any other Credit Party and the Administrative any Agent or any Lender Bank or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies -132- 145 which the Administrative any Agent or any Lender Bank or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative any Agent or any Lender Bank or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Howmet Corp /New/)
No Waiver; Remedies Cumulative. No failure or delay on the ------------------------------ part of the Administrative any Agent or any Lender Bank or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company or any other Credit Party and the Administrative Party, any Agent or any Lender Bank or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative any Agent or any Lender Bank or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative any Agent or any Lender Bank or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender Bank or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Borrower or any other Credit Party and the Administrative Agent or any Lender Agent or any Bank or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent or any Lender Bank or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or any Lender Bank or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative any Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company any Borrower or any other Credit Party and the Administrative any Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative any Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative any Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company any Borrower or any other Credit Loan Party and the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Credit Loan Party in any case shall entitle any Credit Loan Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Keane Group, Inc.)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Borrower or any other Credit Party and the Administrative Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly expressly. provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent any Agent, any Issuing Bank or any Lender Bank or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company or any other Credit Party and the Administrative Agent any Agent, any Issuing Bank or any Lender Bank or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent any Agent, any Issuing Bank or any Lender Bank or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any such Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent any Agent, any Issuing Bank or any Lender Bank or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent Agent, any Issuing Lender or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Borrower or any other Credit Party and the Administrative Agent Agent, any Issuing Lender or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent Agent, any Issuing Lender or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent Agent, any Issuing Lender or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure or delay on the ------------------------------ part of the Administrative Agent or any Lender Bank or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company Holdings or any other Credit Party and the Administrative Agent or any Lender Bank or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent or any Lender Bank or the holder of any Note would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or any Lender Bank or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
