No Waiver; Remedies Cumulative. No failure or delay on the part of an Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any other Credit Party and an Agent or any 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 an Agent or any 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 an Agent or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 43 contracts
Samples: Credit Agreement (NCL CORP Ltd.), Sixth Supplemental Agreement (Norwegian Cruise Line Holdings Ltd.), Supplemental Agreement (NCL CORP Ltd.)
No Waiver; Remedies Cumulative. No failure or delay on the part of an the Administrative Agent, the Collateral Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any other Credit Party and an the Administrative Agent, the Collateral Agent or any 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 an the Administrative Agent, the Collateral Agent or any 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 an the Administrative Agent, the Collateral Agent or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 39 contracts
Samples: Term Loan Credit Agreement (Vertiv Holdings Co), Credit Agreement (Iridium Communications Inc.), Credit Agreement (Iridium Communications Inc.)
No Waiver; Remedies Cumulative. No failure or delay on the part of an the Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any other Credit Party and an Agent or any Lender and any of the 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 provided herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers rights or remedies which an the Agent or any Lender would otherwise have. 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 an the Agent or any Lender the Lenders to any other or further action in any circumstances without notice or demand.
Appears in 29 contracts
Samples: Credit Agreement (Lincare Holdings Inc), Pledge Agreement (Lincare Holdings Inc), Pledge Agreement (Lincare Holdings Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of an the Administrative Agent, the Collateral Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower Borrowers or any other Credit Party and an the Administrative Agent, the Collateral Agent or any 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 an the Administrative Agent, the Collateral Agent or any 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 an the Administrative Agent, the Collateral Agent or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 23 contracts
Samples: Credit Agreement (Ryerson Holding Corp), Credit Agreement (SunOpta Inc.), Fourth Amendment (Resolute Forest Products Inc.)
No Waiver; Remedies Cumulative. No failure or delay on the part of an the Administrative Agent, the Collateral Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the any Borrower or any other Credit Party and an the Administrative Agent, the Collateral Agent or any 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 an the Administrative Agent, the Collateral Agent or any 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 an the Administrative Agent, the Collateral Agent or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 18 contracts
Samples: Credit Agreement (VERRA MOBILITY Corp), Credit Agreement (VERRA MOBILITY Corp), Credit Agreement (VERRA MOBILITY Corp)
No Waiver; Remedies Cumulative. No failure or delay on the part of an the Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any other Credit Party and an Agent or any Lender and any of the 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 provided herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers rights or remedies which an the Agent or any Lender would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any the Credit Party Parties to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of an the Agent or any Lender the Lenders to any other or further action in any circumstances without notice or demand.
Appears in 18 contracts
Samples: Credit Agreement (Amn Healthcare Services Inc), Credit Agreement (Healthtronics Surgical Services Inc), Credit Agreement (U S Restaurant Properties Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of an the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any other Credit Party and an the Administrative Agent or any 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 an the Administrative Agent or any 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 an the Administrative Agent or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 17 contracts
Samples: Credit Agreement (J.Jill, Inc.), Loan Credit Agreement (J.Jill, Inc.), Loan Credit Agreement (J.Jill, Inc.)
No Waiver; Remedies Cumulative. No failure or delay on the part of an any Agent, the Collateral Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any other Credit Party and an any Agent, the Collateral Agent or any 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 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 an any Agent, the Collateral Agent or any 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 an any Agent, the Collateral Agent or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 12 contracts
Samples: Credit Agreement (Dole Food Co Inc), Credit Agreement (Dole Food Co Inc), Credit Agreement (Dole Food Co Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of an the 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 Borrower or any other Credit Party and an the 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 an the 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 an the 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 8 contracts
Samples: Credit Agreement (Tracor Inc /De), Credit Agreement (Ubiquitel Inc), Credit Agreement (Atrium Companies Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of an Agent the Administrative Agent, any Lender or any Lender holder of 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 Borrower or any other Credit Party and an Agent or the Administrative 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 an Agent or the Administrative 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 an Agent the Administrative Agent, the Lenders or the holder of any Lender Note to any other or further action in any circumstances without notice or demand.
Appears in 7 contracts
Samples: Revolving Credit Agreement (Choicepoint Inc), Revolving Credit Agreement (Discount Auto Parts Inc), Term Loan Agreement (Intermet Corp)
No Waiver; Remedies Cumulative. No failure or delay on the part of an Agent the Agent, any Lender or any Lender holder of 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 Borrower or any other Credit Party and an Agent or the 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 an Agent or the 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 an Agent the Agent, the Lenders or the holder of any Lender Note to any other or further action in any circumstances without notice or demand.
Appears in 7 contracts
Samples: Credit Agreement (Hughes Supply Inc), Revolving Credit Agreement (Discount Auto Parts Inc), Credit Agreement (Intermet Corp)
No Waiver; Remedies Cumulative. No failure or delay on the part of an any Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the any Borrower or any other Credit Party and an any Agent or any 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 an any Agent or any 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 an any Agent or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 6 contracts
Samples: Credit Agreement (Starwood Hotel & Resorts Worldwide, Inc), Credit Agreement (Starwood Hotel & Resorts Worldwide, Inc), Credit Agreement (Starwood Hotel & Resorts Worldwide, Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of an Agent the Lenders or any Lender subsequent holder of a Note in exercising any right, power or privilege hereunder or under any other Credit Loan Document and no course of dealing between the Borrower or any other Credit Loan Party and an Agent the Lenders or the subsequent holder of any Lender 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 of 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 an Agent the Lenders or the subsequent holder of any Lender 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 an Agent the Lenders or the subsequent holder of any Lender Note to any other or further action in any circumstances without notice or demand.
Appears in 5 contracts
Samples: Convertible Loan Agreement (Time Warner Inc/), Convertible Loan Agreement (Sony Corp), Execution Copy (Time Warner Inc/)
No Waiver; Remedies Cumulative. No failure or delay on the part of an Agent the Lender or any Lender subsequent holder of a Note in exercising any right, power or privilege hereunder or under any other Credit Loan Document and no course of dealing between the Borrower or any other Credit Loan Party and an Agent the Lender or the subsequent holder of any Lender 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 of 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 an Agent the Lender or the subsequent holder of any Lender 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 an Agent the Lender or the subsequent holder of any Lender Note to any other or further action in any circumstances without notice or demand.
Appears in 4 contracts
Samples: Convertible Loan Agreement (Binc Acquisition Corp), Bridge Loan Agreement (PLD Telekom Inc), Bridge Loan Agreement (PLD Telekom Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of an the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower Borrowers or any other Credit Party and an the Administrative Agent or any 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 an the Administrative Agent or any 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 an the Administrative Agent or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 4 contracts
Samples: Abl Credit Agreement (J.Jill, Inc.), Schedules (J.Jill, Inc.), Abl Credit Agreement and Waiver (J.Jill, Inc.)
No Waiver; Remedies Cumulative. No failure or delay on the part of an any Agent, the Collateral Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any other Credit Party and an any Agent, the Collateral Agent or any 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 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 an any Agent, the Collateral Agent or any 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 an the Agents, the Collateral Agent or any Lender the Lenders to any other or further action in any circumstances without notice or demand.
Appears in 4 contracts
Samples: Credit Agreement (Quality Distribution Inc), Credit Agreement (Pacer International Inc), Credit Agreement (Quality Distribution Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of an Agent, the Collateral Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between an Agent, the Borrower or any other Credit Party and an Collateral Agent or any Lender and the 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 provided herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers rights or remedies which an the Agents, the Collateral Agent or any Lender would otherwise have. No notice to or demand on any the Credit Party Parties in any case shall entitle any the Credit Party Parties to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of an the Agents, the Collateral Agent or any Lender the Lenders to any other or further action in any circumstances without notice or demand.
Appears in 3 contracts
Samples: Credit Agreement (Airgas Inc), Credit Agreement (Airgas Northern California & Nevada Inc), Credit Agreement (Airgas Carbonic Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of an Agent the Agent, the Co-Agents, any Lender or any Lender holder of 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 Borrower or any other Credit Party and an Agent or the Agent, the Co-Agents, 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 an Agent or the Agent, the Co-Agents, 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 an Agent the Agent, the Co-Agents, the Lenders or the holder of any Lender Note to any other or further action in any circumstances without notice or demand.
Appears in 3 contracts
Samples: Credit Agreement (Haverty Furniture Companies Inc), Credit Agreement (I M Acquisition Corp), Subsidiary Guaranty Agreement (Intermet Corp)
No Waiver; Remedies Cumulative. No failure or delay on the part of an Agent or any Co-Lender in exercising any right, power or privilege hereunder or under any other Credit Loan Document and no course of dealing between the Borrower or any other Credit Loan Party and an Agent or any Co-Lender shall operate as a waiver thereof; 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 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 an Agent or any Co-Lender would otherwise have. No notice to or demand on Borrower or any Credit other Loan Party in any case shall entitle Borrower or any Credit other Loan Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of an Agent or any Lender Co-Lender, to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Sun Communities Inc), Credit Agreement (Interstate Hotels Corp)
No Waiver; Remedies Cumulative. No failure or delay on the part of an Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any other Credit Party and an Agent or any 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 an Agent or any 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 -108- of the rights of an Agent or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (NCL CORP Ltd.), Credit Agreement (Norwegian Cruise Line Holdings Ltd.)
No Waiver; Remedies Cumulative. No failure or delay on the part of an Agent or any Lender Financing Party in exercising any right, power or privilege hereunder under this Agreement, the Guaranteed Note(s) or under any other Credit Financing Document and no course of dealing between or among the Borrower or any other Credit Party and an Borrower, Ex-Im Bank, the Lender and/or the Facility Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder hereunder, under any Guaranteed Note or under any other Credit Financing 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 herein are cumulative and not exclusive of any rights, powers rights or remedies which an Agent or that any Lender Financing Party would otherwise have. No notice to or demand on any Credit Party the Borrower in any case shall entitle any Credit Party the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of an Agent or any Lender Financing Party to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Facility Agreement (Chartered Semiconductor Manufacturing LTD), Bank Facility Agreement (Chartered Semiconductor Manufacturing LTD)
No Waiver; Remedies Cumulative. No failure or delay on the part of an Agent any Agent, the Collateral Agent, or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any other Credit Party and an Agent any Agent, the Collateral Agent, or any 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 an any Agent, the Collateral Agent or any 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 an any Agent, the Collateral Agent or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Possession Credit Agreement (Cooper-Standard Holdings Inc.), Possession Credit Agreement (Cooper-Standard Holdings Inc.)
No Waiver; Remedies Cumulative. No failure or delay on the part of an the Agent or any New Credit Agreement Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any other Credit Party and an the Agent or any New Credit Agreement 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 rights and remedies provided herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers rights or remedies which an the Agent or any New Credit Agreement 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 an the Agent or any Lender the New Credit Agreement Lenders to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Chattem Inc), Credit Agreement (Chattem Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of an Agent the Administrative Agent, or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any other Credit Party and an Agent the Administrative Agent, or any 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 an Agent the Administrative Agent, or any 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 an Agent the Administrative Agent, or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Magellan Health Inc), Credit Agreement (Magellan Health Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of an the Agent, the Collateral Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any other Credit Party and an the Agent, the Collateral Agent or any 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 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 an the Agent, the Collateral Agent or any 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 an the Agent, the Collateral Agent or any Lender the Lenders to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Workflow Management Inc), Credit Agreement (Workflow Management Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of an Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any other Credit Party and an Agent or any 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 an Agent or any 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 -108- circumstances or constitute a waiver of the rights of an Agent or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Fourth Supplemental Agreement (NCL CORP Ltd.), Fourth Supplemental Agreement (Norwegian Cruise Line Holdings Ltd.)
No Waiver; Remedies Cumulative. No failure or delay on the part of an the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any other Credit Party and an the Administrative Agent or any 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 an the Administrative Agent or any Lender 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 an the Administrative Agent or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Trizec Properties Inc), Credit Agreement (Trizec Properties Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of an the Agent or any Supplemental Credit Lender in exercising any right, power or privilege hereunder or under any other Supplemental Credit Document Documents and no course of dealing between the Borrower or any other Credit Party and an the Agent or any Supplemental Credit 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 Supplemental Credit Document Documents 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 provided herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers rights or remedies which an the Agent or any Supplemental Credit 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 an the Agent or any Lender the Supplemental Credit Lenders to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Chattem Inc), Credit Agreement (Chattem Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of an any Agent, the Collateral Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any other Credit Party and an any Agent, the Collateral Agent or any 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 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 an that any Agent, the Collateral Agent or any 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 an the Agents, the Collateral Agent or any Lender the 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 an the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any other Credit Party and an the Administrative Agent or any Lender shall operate as a waiver thereof; 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 an the Administrative Agent or any 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 an the Administrative Agent or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Urban One, Inc.)
No Waiver; Remedies Cumulative. No failure or delay on the part of an any Senior Managing Agent, the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any other either Credit Party and an any Senior Managing Agent or any 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 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 an any Senior Managing Agent or any Lender would otherwise have. No notice to or demand on any either Credit Party in any case shall entitle any either Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of an Agent the Senior Managing Agents or any Lender the Lenders to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Rj Reynolds Tobacco Holdings Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of an the Agent or any New Credit Agreement Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any other Credit Party and an the Agent or any New Credit Agreement 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 rights and remedies provided herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers rights or remedies which an the Agent or any New Credit Agreement 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 an the Agent or any Lender the New Credit Agreement Lenders to any other or further action in any circumstances without notice or demand.. 11.5
Appears in 1 contract
Samples: Credit Agreement (Chattem Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of an the Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Loan Document and no course of dealing between the Borrower Borrowers or any other Credit Loan Party and an the Agent or any 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 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 an the Agent or any Lender 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 an the Agent or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Chiquita Brands International Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of an the Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any other Credit Party and an Agent or any Lender and any of the 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 provided herein or in any other Credit Document expressly provided are cumulative and not exclusive exclusive, of any rights, powers rights or remedies which an the Agent or any Lender would otherwise have. No notice to or demand on any Credit Party in any case shall entitle the Borrower or: any Credit other Credit, Party to any other other, or further notice or demand in similar or other circumstances or constitute a waiver of the rights of an the Agent or any Lender the Lenders to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Riscorp Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of an Agent or any the Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any other Credit Party and an Agent or any the 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 an Agent or any the 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 an Agent or any the Lender to any the 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 an Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any other Credit Party and an Agent or any 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 an Agent or any 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 an Agent or any Lender to any other or further action in any circumstances without notice or demand.. 110
Appears in 1 contract
Samples: Third Supplemental Agreement (Norwegian Cruise Line Holdings Ltd.)
No Waiver; Remedies Cumulative. No failure or delay on the part of an Agent or any the Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any other Credit Party and an Agent or any the 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 an Agent or any the 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 an Agent or any the Lender to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Semiconductor Packaging Materials Co Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of an the Agent or any Supplemental Credit Lender in exercising any right, power or privilege hereunder or under any other Supplemental Credit Document Documents and no course of dealing between the Borrower or any other Credit Party and an the Agent or any Supplemental Credit 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 Supplemental Credit Document Documents 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 provided herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers rights or remedies which an the Agent or any Supplemental Credit 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 an the Agent or any Lender the Supplemental Credit Lenders to any other or further action in any circumstances without notice or demand.. 11.5
Appears in 1 contract
Samples: Credit Agreement (Chattem Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of an Agent or any the Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any other Credit Party and an Agent or any the 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 an Agent or any the 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 an Agent or any the Lender to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Security Agreement (Emcore Corp)
No Waiver; Remedies Cumulative. No failure or delay on the part of an the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any other Credit Party and an the Administrative Agent or any 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 an the Administrative Agent or any 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 an the Administrative Agent or any Lender 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 an any Agent, the Collateral Agent or any Lender Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any other Credit Party and an any Agent, the Collateral Agent or any Lender 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 an any Agent, the Collateral Agent or any Lender 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 an the Agents, the Collateral Agent or any Lender the Banks to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Pacer Express Inc)
No Waiver; Remedies Cumulative. (a) No failure or delay on the part of an the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any other Credit Party and an the Administrative Agent or any 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 an the Administrative Agent or any Lender 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 an the Administrative Agent or any Lender 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 an any Agent, the Collateral Agent or any Lender Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any other Credit Party and an any Agent, the Collateral Agent or any Lender 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 an any Agent, the Collateral Agent or any Lender 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 an the Agents, the Collateral Agent or any Lender the Banks to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (MTL Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of an any Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any other Credit Party and an any Agent or any 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 an any Agent or any 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 an any Agent or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Starwood Hotel & Resorts Worldwide Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of an the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any other Credit Party and an the Administrative Agent or any 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 an the Administrative Agent or any 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 an the Administrative Agent or any Lender to any other or further action in any circumstances without notice or demand.. 153
Appears in 1 contract
