No Waiver; Remedies Cumulative. No failure on the part of Bank to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and are in addition to any other remedies provided by law, any Loan Document or otherwise.
Appears in 21 contracts
Samples: Credit and Security Agreement (Sancilio Pharmaceuticals Company, Inc.), Credit and Security Agreement (Sancilio Pharmaceuticals Company, Inc.), Non Revolving Credit Agreement (Unilife Corp)
No Waiver; Remedies Cumulative. No failure on the part of Bank Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and are in addition to any other remedies provided by law, any Loan Document or otherwise.
Appears in 11 contracts
Samples: Master Loan Agreement (Asbury Automotive Group Inc), Unconditional Guaranty (Asbury Automotive Group Inc), Master Loan Agreement (Asbury Automotive Group Inc)
No Waiver; Remedies Cumulative. No failure on the part of Bank Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The All rights and remedies herein provided are cumulative and are in addition to any other remedies provided by law, any Loan Document or otherwise.
Appears in 8 contracts
Samples: Guaranty Agreement, Loan, Pledge and Security Agreement (Softech Inc), Secured Promissory Note (Solomon Technologies Inc)
No Waiver; Remedies Cumulative. No failure on the part of the Bank to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and are in addition to any other remedies provided by law, any Loan Document or otherwise.
Appears in 8 contracts
Samples: Acquisition Facility and Revolving Credit Facility Agreement (Continucare Corp), Credit and Security Agreement (Prestige Cosmetics Corp), Term Loan, Revolving Credit and Security Agreement (Able Telcom Holding Corp)
No Waiver; Remedies Cumulative. No failure on the part of Bank Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and are in addition to any other remedies provided by lawlaw (including remedies at law and equity), any Loan Document or otherwise.
Appears in 4 contracts
Samples: Credit Agreement (LMF Acquisition Opportunities Inc), Revolving Credit Agreement (Cesca Therapeutics Inc.), Revolving Credit Agreement (Cesca Therapeutics Inc.)
No Waiver; Remedies Cumulative. No failure on the part of Bank Lender or Borrower to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and are in addition to any other remedies provided by law, in equity, any Loan Document or otherwise.
Appears in 4 contracts
Samples: Merger Agreement (Micron Electronics Inc), Revolving Loan Agreement (Kana Communications Inc), Merger Agreement (Interland Inc)
No Waiver; Remedies Cumulative. No failure on the part of Bank either Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The All rights and remedies herein provided are cumulative and are in addition to any other remedies provided by law, any Loan Document or otherwise.
Appears in 3 contracts
Samples: Loan, Pledge and Security Agreement, Loan, Pledge and Security Agreement (Softech Inc), Loan, Pledge and Security Agreement (Softech Inc)
No Waiver; Remedies Cumulative. No failure on the part of the Bank to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any ; and no single or partial exercise of any right hereunder shall preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and are in addition to not exclusive of any remedies available under any other remedies provided by law, any Loan Document document or otherwiseat law or in equity.
Appears in 3 contracts
Samples: Reimbursement and Credit Agreement (Steadfast Income REIT, Inc.), Letter of Credit Agreement (Lesco Inc/Oh), Reimbursement and Security Agreement (Dover Downs Entertainment Inc)
No Waiver; Remedies Cumulative. No failure on the part of the Confirming Bank to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and are in addition to not exclusive of any other remedies provided by law, any Loan Document law or otherwise.
Appears in 2 contracts
Samples: Confirmation Agreement (First United Ethanol LLC), Confirmation Agreement (First United Ethanol LLC)
No Waiver; Remedies Cumulative. No failure on the part of the Bank to exercise, and no delay in exercising, any right hereunder under this Agreement or under any other Loan Bank Document shall operate as a waiver thereof, nor shall any ; and no single or partial exercise of any right hereunder shall preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and are in addition to not exclusive of any remedies available under any other remedies provided by law, any Loan Document document or otherwiseat law or in equity.
Appears in 2 contracts
Samples: Reimbursement, Credit and Security Agreement, Reimbursement, Credit and Security Agreement (York Water Co)
No Waiver; Remedies Cumulative. No failure on the part of the Bank to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and are in addition to not exclusive of any other remedies provided by law, any Loan Document or otherwise.
Appears in 2 contracts
Samples: Letter of Credit Reimbursement Agreement, Letter of Credit Reimbursement Agreement (Arcos Dorados Holdings Inc.)
No Waiver; Remedies Cumulative. No failure on the part of the Bank or the Company to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other rightrights. The remedies herein provided are cumulative and are in addition to not exclusive of any other remedies provided by law, any Loan Document or otherwise.
Appears in 2 contracts
Samples: Reimbursement Agreement (Thorne Healthtech, Inc.), Reimbursement and Security Agreement (Qualcomm Inc/De)
No Waiver; Remedies Cumulative. No failure on the part of Bank the Lender to exercise, and no delay in exercising, any right hereunder or under the Personal Guaranty or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The All rights and remedies herein provided are cumulative and are in addition to any other remedies provided by law, any Loan Document or otherwise.
Appears in 2 contracts
Samples: Pledge and Security Agreement, Pledge and Security Agreement (Softech Inc)
No Waiver; Remedies Cumulative. No failure on the part of Bank Lender or ------------------------------ Borrower to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and are in addition to any other remedies provided by law, in equity, any Loan Document or otherwise.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Broadbase Software Inc), Merger Agreement (Kana Communications Inc)
No Waiver; Remedies Cumulative. No failure on the part of Bank ------------------------------ to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and are in addition to any other remedies provided by law, any Loan Document or otherwise.
Appears in 2 contracts
Samples: Loan and Security Agreement (Bradley Pharmaceuticals Inc), Revolving Credit and Security Agreement (Pra International Inc)
No Waiver; Remedies Cumulative. No failure on the part of the Bank to exercise, and no delay in exercising, exercising any right hereunder or under any Note or any other Loan Document document, instrument or agreement shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right hereunder or under any Note preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and are in addition to not exclusive of any other remedies provided by law, any Loan Document or otherwise.
Appears in 1 contract
Samples: Credit Agreement (WMS Hotel Corp)
No Waiver; Remedies Cumulative. No failure on the part of Bank the Lender to exercise, and no delay in exercising, any right hereunder or under the Corporate Guaranty or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The All rights and remedies herein provided are cumulative and are in addition to any other remedies provided by law, any Loan Document or otherwise.
Appears in 1 contract
Samples: Security Agreement (Softech Inc)
No Waiver; Remedies Cumulative. No failure on the part ------------------------------ of the Bank to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any ; and no single or partial exercise of any right hereunder shall preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and are in addition to not exclusive of any remedies available under any other remedies provided by law, any Loan Document document or otherwiseat law or in equity.
Appears in 1 contract
Samples: Reimbursement, Credit and Security Agreement (Innovative Solutions & Support Inc)
No Waiver; Remedies Cumulative. No failure on the part of Bank the Lenders to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The All rights and remedies herein provided are cumulative and are in addition to any other remedies provided by lawLaw, any Loan Document or otherwise.
Appears in 1 contract
Samples: Credit and Security Agreement (Sachem Capital Corp.)
No Waiver; Remedies Cumulative. No failure on the part of Bank the Lending Parties to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and are in addition to any other remedies provided by law, any Loan Document or otherwise.
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure on the part of Bank or the Borrower to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and are in addition to any other remedies provided by law, any Loan Document or otherwise.
Appears in 1 contract
Samples: Revolving and Term Loan Credit Agreement (Farrel Corp)
No Waiver; Remedies Cumulative. No failure on the part of Bank to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right hereunder under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided in the Loan Documents are cumulative and are in addition to not exclusive of any other remedies provided by law, any Loan Document law or otherwisecontract.
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure on by the part of Administrative Agent or any Bank to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof, ; nor shall any single exercise or partial exercise of any right hereunder or under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The Subject to the provisions of Section 2.7, the remedies herein provided are cumulative and are in addition to not exclusive of any other remedies provided by law, any Loan Document or otherwise.
Appears in 1 contract
Samples: Credit Agreement (Mbia Inc)
No Waiver; Remedies Cumulative. No failure on the part of any member of the Bank Group to exercise, and no or any delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided in this Agreement are cumulative and are in addition to not exclusive of any other remedies provided in any of the other Loan Documents or by law, any Loan Document or otherwise.
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure on the part of the Bank to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and are in addition to not exclusive of any other remedies provided by law, any Loan Document law or otherwise.
Appears in 1 contract
Samples: Reimbursement Agreement (Public Service Co of New Mexico)
No Waiver; Remedies Cumulative. No failure on by the part of ----------- ------------------------------ Administrative Agent or any Bank to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof, ; nor shall any single exercise or partial exercise of any right hereunder or under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The Subject to the provisions of Section 2.7, the remedies herein provided are cumulative and are in addition to not exclusive of any other remedies provided by law, any Loan Document or otherwise.
Appears in 1 contract
Samples: Credit Agreement (Mbia Inc)
No Waiver; Remedies Cumulative. No failure on the part of Bank Banks or the Collateral Agent to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and are in addition to any other remedies provided by law, any Loan Document or otherwise.
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure on by the part of Bank to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. No waiver hereunder shall be valid unless in writing signed by the parties hereto. The remedies herein provided are cumulative and are in addition to not exclusive of any other remedies provided by law, any Loan Document or otherwise.
Appears in 1 contract
Samples: Reimbursement and Letter of Credit Agreement (National Health Realty Inc)
