No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 55 contracts
Samples: Abl Credit Agreement (CVR Energy Inc), Amendment Agreement (Lee Enterprises, Inc), Abl Credit Agreement (CVR Partners, Lp)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent, Agent or any Issuing Lender or any Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender 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, any Issuing Lender 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, any Issuing Lender 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 40 contracts
Samples: Credit Agreement (Athena Spinco Inc.), Credit Agreement (Athena Spinco Inc.), Credit Agreement (Athena Spinco Inc.)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent, any Issuing Lender 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 or any other Credit Loan Party and the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 8 contracts
Samples: Amendment No. 3 (Informatica Inc.), Amendment and Restatement Agreement (LEGALZOOM.COM, Inc.), Exit Abl Credit Agreement (Pyxus International, Inc.)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent, any Issuing Agent or any Lender or any Lender 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 the Administrative Agent, the Collateral 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, the Collateral 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, the Collateral 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 7 contracts
Samples: Credit Agreement (Flowers Foods Inc), Credit Agreement (Flowers Foods Inc), Credit Agreement (Flowers Foods Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent, any the Issuing Lender 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 the Administrative Agent, the Collateral Agent, any the Issuing Lender 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 the Administrative Agent, the Collateral Agent, any the Issuing Lender 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 the Administrative Agent, the Collateral Agent, any the Issuing Lender or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 7 contracts
Samples: Credit Agreement (First Horizon Pharmaceutical Corp), Credit Agreement (Infousa Inc), Credit Agreement (Infousa Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent, any Issuing Lender 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 or any other Credit Loan Party and the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender Agent or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 7 contracts
Samples: First Lien Credit and Guarantee Agreement (Janus International Group, Inc.), Abl Credit and Guarantee Agreement (Janus International Group, Inc.), Abl Credit and Guarantee Agreement (Janus International Group, Inc.)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent, any Issuing Lender or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Company, any other Borrower or any other Credit Party and the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 5 contracts
Samples: Abl Credit Agreement (Tesla, Inc.), Abl Credit Agreement (Tesla, Inc.), Abl Credit Agreement (Ciena Corp)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent, Agent or any Issuing Lender or any Lender 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 Borrower or any other Credit Party and the Administrative Agent, the Collateral Agent, any Issuing Lender 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 Agent, the Collateral Agent, any Issuing Lender 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 Agent, the Collateral Agent, any Issuing Lender 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 4 contracts
Samples: Credit Agreement (Host Marriott L P), Credit Agreement (Host Marriott Corp/), Credit Agreement (Host Hotels & Resorts L.P.)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral AgentTrustee, any Issuing Lender 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 the Administrative Agent, the Collateral AgentTrustee, any Issuing Lender or any Lender shall operate as a waiver thereof; nor shall any . No 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 AgentTrustee, any Issuing Lender 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 the Administrative Agent, the Collateral AgentTrustee, any Issuing Lender or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 4 contracts
Samples: Credit Agreement (Dynegy Inc.), Credit Agreement (PPL Energy Supply LLC), Credit Agreement (Talen Energy Holdings, Inc.)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent, any Issuing Lender 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 US Company or any other Credit Party and the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 4 contracts
Samples: Abl Credit Agreement (Mobile Mini Inc), Abl Credit Agreement (Mobile Mini Inc), Abl Credit Agreement (Mobile Mini Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 4 contracts
Samples: Abl Credit Agreement (Pyxus International, Inc.), Abl Credit Agreement (Pyxus International, Inc.), Abl Credit Agreement (Pyxus International, Inc.)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Revolving Agent, the Collateral Agent, any Issuing Lender Bank 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 or any other Credit Loan Party and the Administrative Agent, the Revolving Agent, the Collateral Agent, any Issuing Lender Bank 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 the Administrative Agent, the Revolving Agent, the Collateral Agent, any Issuing Lender Bank 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 the Administrative Agent, the Revolving Agent, the Collateral Agent, any Issuing Lender Bank or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 4 contracts
Samples: Credit and Guarantee Agreement (Infrastructure & Energy Alternatives, Inc.), Credit and Guarantee Agreement (Infrastructure & Energy Alternatives, Inc.), Credit and Guarantee Agreement (Infrastructure & Energy Alternatives, Inc.)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 3 contracts
Samples: Credit Agreement (Aleris International, Inc.), Credit Agreement (Aleris International, Inc.), Credit Agreement (Sitel Corp)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 3 contracts
Samples: Credit Agreement (STG Group, Inc.), Credit Agreement (Walter Energy, Inc.), Credit Agreement (Walter Energy, Inc.)
No Waiver; Remedies Cumulative. The Borrowers hereby waive due diligence, demand, presentment and protest and any notices thereof as well as notice of nonpayment. No failure or delay on the part of the Administrative Agent, the Collateral Agent, any Issuing Lender 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 Borrowers or any other Credit Party and the Administrative Agent, the Collateral Agent, any Issuing Lender 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 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 the Administrative Agent, the Collateral Agent, any Issuing Lender Agents or any Lender would otherwise have. No notice to or demand on any Credit Party the Borrowers in any case shall entitle the Borrowers 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, Agent or the Collateral Agent, any Issuing Lender or any Lender Lenders to any other or further action in any circumstances without notice or demand.
Appears in 3 contracts
Samples: Credit Agreement (Cott Corp /Cn/), Credit Agreement (Nacco Industries Inc), Credit Agreement (Wolverine Tube Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Syndication Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Syndication Agent, any Issuing Lender 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 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 Syndication Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Syndication Agent, any Issuing Lender the Collateral Agent or any Lender Bank to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Doubletree Corp), Credit Agreement (Doubletree Corp)
No Waiver; Remedies Cumulative. The Borrowers hereby waive due diligence, demand, presentment and protest and any notices thereof as well as notice of nonpayment. No failure or delay on the part of the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender 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 provided 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, the Collateral Agent, any Issuing Lender Agent or any Lender would otherwise have. No notice to or demand on any Credit Party the Borrowers in any case shall entitle the Borrowers 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, Agent or the Collateral Agent, any Issuing Lender or any Lender Lenders to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Wolverine Tube Inc), Credit Agreement (Wolverine Tube Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent, Agent or any Issuing Lender or any Lender holder of a Note or any Issuing Bank or the Collateral Agent 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 the Administrative Agent, any Lender or the holder of any Note or any Issuing Bank or the Collateral Agent, any Issuing Lender or any Lender Agent 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 and in any the other Credit Document documents expressly provided are cumulative and not exclusive of any rights, powers rights or remedies which the Administrative Agent, or any Lender or any Issuing Bank or the Collateral Agent, any Issuing Lender 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 the Administrative Agent, any Lender or the holder of any Note or any Issuing Bank or the Collateral Agent, any Issuing Lender or any Lender Agent to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (American Standard Companies Inc), Credit Agreement (American Standard Companies Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Security Agent, the Swingline Lender, the Fronting Lender, any Co-Collateral Agent, any Issuing Lender 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 Holdings, any other Borrower or any other Credit Loan Party and the Administrative Agent, the Security Agent, the Swingline Lender, the Fronting Lender, any Co-Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Security Agent, the Swingline Lender, the Fronting Lender, any Co-Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Security Agent, the Swingline Lender, the Fronting Lender, any Co-Collateral Agent, any Issuing Lender or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Abl Credit Agreement (Smurfit Stone Container Corp), Abl Credit Agreement (Smurfit Stone Container Corp)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent, any the Issuing Lender 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 the Administrative Agent, the Collateral Agent, any the Issuing Lender 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 the Administrative Agent, the Collateral Agent, any the Issuing Lender 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 the Administrative Agent, the Collateral Agent, any the Issuing Lender or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Infousa Inc), Credit Agreement (Infousa Inc)
No Waiver; Remedies Cumulative. No failure or delay on the ------------------------------ part of the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender Syndication 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, the Collateral Agent, any Issuing Lender 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, the Collateral Agent, any Issuing Lender 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 (Coinmach Corp), Credit Agreement (Coinmach Laundry Corp)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent, Agent or any Issuing Lender or any Lender holder of any Revolving Note or Term 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 the Administrative Agent, the Collateral Agent, any Issuing Lender Agent or any Lender or the holder of any Revolving Note or 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, the Collateral Agent, any Issuing Lender Agent or any Lender or the holder of any Revolving Note or 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, the Collateral Agent, any Issuing Lender Agent or any Lender or the holder of any Revolving Note or any Term Note to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Host Hotels & Resorts, Inc.), Credit Agreement (Host Hotels & Resorts L.P.)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent (or in the case of any Mortgaged Property, the Real Property Collateral Agent), any Issuing Lender 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 the Administrative Agent, the Collateral Agent (or in the case of any Mortgaged Property, the Real Property Collateral Agent), any Issuing Lender 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 the Administrative Agent, the Collateral Agent (or in the case of any Mortgaged Property, the Real Property Collateral Agent), any Issuing Lender 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 the Administrative Agent, the Collateral Agent (or in the case of any Mortgaged Property, the Real Property Collateral Agent), any Issuing Lender or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Revolving Credit Agreement, Revolving Credit Agreement (OCI Partners LP)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent, any Issuing Lender Bank 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 the Administrative Agent, the Collateral Agent, any Issuing Lender Bank 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 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, any Issuing Lender Bank 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 the Administrative Agent, the Collateral Agent, any Issuing Lender Bank or any Lender Bank to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Sitel Corp), Credit Agreement (Sitel Corp)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Documentation Agent, any Issuing Lender Bank 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 the Administrative Agent, the Collateral Documentation Agent, any Issuing Lender Bank 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 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 Documentation Agent, any Issuing Lender Bank 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 the Administrative Agent, the Collateral Documentation Agent, any Issuing Lender Bank or any Lender Bank to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Pool Energy Services Co), Credit Agreement (Pool Energy Services Co)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent, Agent or any Issuing Lender or any Lender holder of a Revolving Note or any holder of a Term 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 the Administrative Agent, the Collateral Agent, any Issuing Lender Agent or any Lender or the holder of any Revolving Note 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 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 the Administrative Agent, the Collateral Agent, any Issuing Lender Agent or any Lender or the holder of any Revolving Note or the holder of any Term 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, Lenders or the holder of any Issuing Lender Revolving Note or any Lender the holder of the Term Note to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Genmar Holdings Inc), Credit Agreement (Genmar Holdings Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent, any the Issuing Lender Bank 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 the Administrative Agent, the Collateral Agent, any the Issuing Lender Bank 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 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, any the Issuing Lender Bank 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 the Administrative Agent, the Collateral Agent, any the Issuing Lender Bank or any Lender Bank to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Atc Group Services Inc /De/), Credit Agreement (Power Ten)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent, the Issuing Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, the Issuing Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, the Issuing Agent, any Issuing Lender or any Lender would otherwise have. No notice to or demand on any Credit Party Borrower in any case shall entitle any Credit Party such Borrower 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, the Issuing Agent or any Issuing Lender 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 (Endurance Specialty Holdings LTD), Credit Agreement (Endurance Specialty Holdings LTD)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent, any Issuing Lender 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 Company or any other Credit Party and the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Abl Credit Agreement (Affinia Group Holdings Inc.), Abl Credit Agreement (Affinia Group Intermediate Holdings Inc.)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative any Agent, the Collateral Agent, any Issuing Lender 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 a Borrower or any other Credit Party and the Administrative any Agent, the Collateral Agent, any Issuing Lender 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 any Agent, the Collateral Agent, any Issuing Lender 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 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, the Collateral Agent, any Issuing Lender 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 2 contracts
Samples: Credit Agreement (Frontline Capital Group), Credit Agreement (Hq Global Holdings Inc)
No Waiver; Remedies Cumulative. No failure fail ure or delay on the part of the Administrative Agent, the Collateral Agent, any Issuing Lender Bank, or any Lender holder of a Revolving 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 the Administrative Agent, the Collateral Agent, any Issuing Lender Bank or the holder of any Lender 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 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 the Administrative Agent, the Collateral Agent, any Issuing Lender Bank or the holder of any Lender Revolving 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 Banks, the Collateral Agent, Agent or the holder of any Issuing Lender or any Lender Revolving Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Stage Stores Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, Agent or the Collateral Agent, any Issuing Lender Syndication Agents or the Documentation 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, the Collateral Agent, any Issuing Lender 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, the Collateral Agent, any Issuing Lender or any Lender to any other or further action in any circumstances without notice or demand.or
Appears in 1 contract
Samples: Credit Agreement (Coinmach Corp)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the ABL Loan Collateral Agent, any Issuing Lender 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 the Administrative Agent, the ABL Loan Collateral Agent, any Issuing Lender 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 the Administrative Agent, the ABL Loan Collateral Agent, any Issuing Lender 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 the Administrative Agent, the ABL Loan Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender party hereto or any Lender holder of Preferred Shares in exercising any right, power or privilege hereunder or under any other Credit Document the Preferred Shares and no course of dealing between the Borrower or Company and any other Credit Party and the Administrative Agent, the Collateral Agent, any Issuing Lender party or any Lender holder of Preferred Shares shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right, power or privilege or any abandonment or discontinuance of steps to enforce such a right, power or privilege hereunder or under any other Credit Document the Preferred Shares 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 and in any other Credit Document expressly provided the Preferred Shares are cumulative and not exclusive of any rights, powers rights or remedies which the Administrative Agent, the Collateral Agent, any Issuing Lender parties or any Lender holders of Preferred Shares would otherwise have. No notice to or demand on any Credit Party the Company in any case shall entitle any Credit Party the Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent, other parties hereto or the Collateral Agent, any Issuing Lender or any Lender holders of Preferred Shares 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 any Agent, any Issuing Lender, the Swingline Lender 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 the Administrative Agent, the Collateral any Agent, any Issuing Lender, the Swingline Lender 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 the Administrative Agent, the Collateral any Agent, any Issuing Lender, the Swingline Lender 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 the Administrative Agent, the Collateral any Agent, any Issuing Lender, the Swingline Lender 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 the Administrative Agent, the Pari Passu Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Pari Passu Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Pari Passu Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Pari Passu Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender Agent or any Lender Co-Arranger or any 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 the Administrative Agent, the Collateral Agent, any Issuing Lender Agent or any Lender Co-Arranger 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, the Collateral Agent, any Issuing Lender Agent or any Lender Co-Arranger or any 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, the Collateral Agent, any Issuing Lender Agent or any Lender Co-Arranger or any 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, the Collateral Agent, any Issuing Lender other 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 Company or any other Credit Party and any of the Administrative Agent, the Collateral Agent, any Issuing Lender Agents 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, the Collateral Agent, any Issuing Lender other 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, the Collateral Agent, any Issuing Lender other 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, the Collateral Agent, any Issuing Lender or any Lender in exercising any right, power or privilege hereunder or under any other Credit CreditLoan Document and no course of dealing between the Borrower or any other Credit Party and the Administrative Agent, the Collateral Agent, any Issuing Lender 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 CreditLoan 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 CreditLoan Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender Facility Agent or any Lender Secured Party in exercising any right, power or privilege hereunder or under any other Credit Financing Document and no course of dealing between the Borrower or any other Credit Party Borrower, on the one hand, and the Administrative AgentFacility Agent and the Secured Parties, on the Collateral Agentother hand, shall impair any Issuing Lender such right, power or any Lender shall privilege or operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder 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 and remedies herein or in any other Credit Financing Document or expressly provided are cumulative and not exclusive of any rights, powers or remedies which any of the Administrative Agent, the Collateral Agent, any Issuing Lender Facility Agent or any Lender Secured Parties 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 any of the Administrative Agent, the Collateral Agent, any Issuing Lender Facility Agent or any Lender Secured Parties to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Common Rupee Loan Agreement (Sterlite Industries (India) LTD)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent, Agent or any Issuing Lender or any Lender 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 Parent, Holdings or the Borrower or any other Credit Party and the Administrative Agent, the Collateral Agent, any Issuing Lender 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, any Issuing Lender 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, any Issuing Lender 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 (Aearo CO I)
No Waiver; Remedies Cumulative. No Subject to applicable Government Rule, no failure or delay on the part of the Administrative Agent, the Collateral Agent, any Issuing Lender Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Finance Document and no course of dealing between the Borrower Credit Parties or any of their respective Affiliates, on the one hand and any Secured Party, on the other Credit Party and the Administrative Agenthand, the Collateral Agentshall impair any such right, any Issuing Lender power or any Lender shall privilege or operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Finance 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 Finance Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent, any Issuing Lender or any Lender party thereto would otherwise have. No notice to or demand on any Credit Party the Borrower 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, any Issuing Lender or any Lender Secured Party 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 Documentation Agent, the Collateral Agent, any the Issuing Lender 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 the Administrative Agent, the Documentation Agent, the Collateral Agent, any the Issuing Lender 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 the Administrative Agent, the Documentation Agent, the Collateral Agent, any the Issuing Lender 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 the Administrative Agent, the Documentation Agent, the Collateral Agent, any the Issuing Lender 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 the Administrative Agent, the Collateral Agent, any the Issuing Lender 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 the Administrative Agent, the Collateral Agent, any the Issuing Lender 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 the Administrative Agent, the Collateral Agent, any the Issuing Lender 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 the Administrative Agent, the Collateral Agent, any the Issuing Lender or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Nm Licensing LLC)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Neff Corp)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Pari Passu Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Pari Passu Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Pari Passu Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Pari Passu Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender or any Lender to any other or further action in any circumstances without notice or demand.. 106
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure or delay on the ------------------------------ part of the Administrative Agent, the Collateral Agent, any the Issuing Lender 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 the Administrative Agent, the Collateral Agent, any the Issuing Lender 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 the Administrative Agent, the Collateral Agent, any the Issuing Lender 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 the Administrative Agent, the Collateral Agent, any the Issuing Lender or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Manitowoc Co Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative AgentCo-Agents, the Collateral Agent, any Issuing Lender or any Lender holder of a Term 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 the Administrative AgentCo-Agents, the Collateral Agent, any Issuing Lender or the holder of any Lender Term 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 AgentCo-Agents, the Collateral Agent, any Issuing Lender or the holder of any Lender Term Note would otherwise have. No notice to or demand on any Credit Party not required hereunder or 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 AgentCo-Agents, the Collateral Agent, the Lenders or the holder of any Issuing Lender or any Lender Term Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Term Loan Agreement (Interface Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent, any Issuing Lender Bank, the Swingline Bank or any Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender Bank, the Swingline Bank or the 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 the Administrative Agent, the Collateral Agent, any Issuing Lender Bank, the Swingline Bank or the 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 the Administrative Agent, the Banks, the Swingline Bank, the Collateral Agent, Agent or the holder of any Issuing Lender or any Lender Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Stage Stores Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent, any Collateral Monitor, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Collateral Monitor, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Collateral Monitor, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Collateral Monitor, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, Agent or the Collateral Agent, any Issuing Lender Syndication Agents or the Documentation 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, the Collateral Agent, any Issuing Lender 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 or
constitute a waiver of the rights of the Administrative Agent, the Collateral Agent, any Issuing Lender 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 (Appliance Warehouse of America Inc)
No Waiver; Remedies Cumulative. No failure or delay on the ------------------------------ part of the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, Agent or the Collateral Agent, any Issuing Lender Syndication 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, the Collateral Agent, any Issuing Lender 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, the Collateral Agent, any Issuing Lender 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, the Collateral Agent, or any Issuing Lender or any Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender 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, 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, the Collateral Agent, any Issuing Lender 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, any Issuing Lender other Agent, or any Senior Lender in exercising any right, power or privilege hereunder or under any other Credit Document Financing Agreement and no course of dealing between any member of the Borrower Group, or any other Credit Party of its Affiliates, on the one hand, and the Administrative Agent, the Collateral Agent, any Issuing Lender other Agent and the Senior Lenders, on the other hand, shall impair any such right, power or any Lender shall privilege or 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 Financing Agreement preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or of thereunder. The rights, powers and remedies herein or in any other Credit Document Financing Agreement expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent, any Issuing Lender or any Lender party thereto would otherwise have. No notice to or demand on any Credit Party a member of the Borrower Group in any case shall entitle such member (or any Credit Party other member) 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, any Issuing Lender other Agent, or any Senior Lender to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Common Agreement (Qualcomm Inc/De)
No Waiver; Remedies Cumulative. No failure or delay on the ------------------------------ part of the Administrative Agent, the Collateral Agent, any the Issuing Lender Bank 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 the Administrative Agent, the Collateral Agent, any Issuing Lender Bank 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 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, any the Issuing Lender Bank 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 the Administrative Agent, the Collateral Agent, any the Issuing Lender Bank or any Lender 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, the Collateral Agent, any Issuing Lender Agent or any Lender other Secured Party in exercising any right, power or privilege hereunder or under any other Senior Credit Document and no course of dealing between the Borrower Administrative Agent or any other Credit Secured Party and any of the Administrative Agent, Credit Parties or the Collateral Agent, any Issuing Lender or any Lender Subsidiary Grantors shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Senior 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 each other Secured Party hereunder and under the other Senior Credit Document expressly provided Documents are cumulative and not exclusive of any rights, powers rights or remedies which the Administrative Agent, the Collateral Agent, any Issuing Lender Agent or any Lender each other Secured Party would otherwise havehave at law or otherwise. No notice to or demand on any Credit Party or any Subsidiary Grantor in any case shall entitle the Borrower or any other Credit Party or any Subsidiary Grantor 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, any Issuing Lender Agent or any Lender each other Secured Party 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 any Co-Agent, any Issuing Lender Syndication Agent, the Documentation 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 the Administrative Agent, the Collateral any Co-Agent, any Issuing Lender Syndication Agent, the Documentation 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 the Administrative Agent, the Collateral any Co-Agent, any Issuing Lender Syndication Agent, the Documentation 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 the Administrative Agent, the Collateral any Co-Agent, any Issuing Lender Syndication Agent, the Documentation 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 (Ametek Inc/)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent, any Issuing Lender or any Lender holder of a Note in exercising any right, power right or privilege remedy hereunder or under the Letter of Credit Agreement or any other Credit Document Document, and no course of dealing between the Borrower or any other Credit Party and the Administrative Agent, the Collateral Agent, any Issuing Lender or the holder of any Lender 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 the Letter of Credit Agreement or 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, the Collateral Agent, any Issuing Lender or the holder of any Lender Note would otherwise have. No notice to or demand on any Credit Party not required hereunder or under the Letter of Credit Agreement or 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, the Collateral Agent, the Lenders or the holder of any Issuing Lender or any Lender Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Dyersburg Corp)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative any Agent, any Issuing Lender, the Collateral Agent, any Issuing Lender 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 the Administrative any Agent, any Issuing Lender, the Collateral Agent, any Issuing Lender 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 the Administrative any Agent, any Issuing Lender, the Collateral Agent, any Issuing Lender 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 the Administrative any Agent, any Issuing Lender, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Co-Agent, any Lender, the Issuing Lender Bank 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 the Administrative Agent, the Collateral Agent, any Lender, the Issuing Lender Bank or the holder of any Lender 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, the Collateral Co-Agent, any Lender, the Issuing Lender Bank or the holder of any Lender 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, the Collateral Co-Agent, the Lenders, the Issuing Bank or the holder of any Issuing Lender or any Lender 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, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender 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 pre-clude 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, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (RCN Corp /De/)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent, any the Issuing Lender 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 Obligor and the Administrative Agent, the Collateral Agent, any the Issuing Lender 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 the Administrative Agent, the Collateral Agent, any the Issuing Lender or any Lender would otherwise have. No notice to or demand on any Credit Party Obligor in any case shall entitle any Credit Party Obligor 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, any the Issuing Lender or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Infousa Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of any Senior Managing Agent, the Administrative Agent, the Collateral Agent, any Issuing Lender Letter of Credit Issuer 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 any Senior Managing Agent, the Administrative Agent, the Collateral Agent, any Issuing Lender Letter of Credit Issuer 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 any Senior Managing Agent, the Administrative Agent, the Collateral Agent, any Issuing Lender Letter of Credit Issuer 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 the Senior Managing Agents, the Administrative Agent, the Collateral Agent, any Issuing Lender Letter of Credit Issuers or any Lender the Lenders to any other or further action in any circumstances without notice or demand. No waiver of any provision of this Agreement or consent to any departure by any Credit Agreement Party therefrom shall in any event be effective unless the same shall be permitted by Section 12.12, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality for the foregoing, the making of a Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Administrative Agent, any Lender or any Letter of Credit Issuer may have had notice or knowledge of such Default or Event of Default at the time.
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent, any Issuing Lender or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the either Borrower or any other Credit Party and the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
No Waiver; Remedies Cumulative. The Borrower hereby waives due diligence, demand, presentment and protest and any notices thereof as well as notice of nonpayment. No failure or delay on the part of the Administrative Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender 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 provided 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, the Collateral Agent, any Issuing Lender Agent or any Lender would otherwise have. No notice to or demand on any Credit Party the Borrower 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, Agent or the Collateral Agent, any Issuing Lender or any Lender 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, the Collateral Agent, any Issuing Lender Joint Lead 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 among the Borrower or any other Credit Party and the Administrative Agent, the Collateral Agent, any Issuing Lender Joint Lead 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, the Collateral Agent, any Issuing Lender Joint Lead Arranger or any Lender Bank or the holder of any Note 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 the Administrative Agent, the Collateral Agent, any Issuing Lender Joint Lead 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 Agent, the Collateral Agent, any Issuing Lender 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 Borrower Borrowers or any other Credit Party and the Administrative Agent, the Collateral Agent, any Issuing Lender 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, the Collateral Agent, any Issuing Lender 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, the Collateral Agent, any Issuing Lender 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 1 contract
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent, any Issuing Lender 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 Borrower or any other Credit Party (or any pledgor under the Dynavox Pledge Agreement) and the Administrative Agent, the Collateral Agent, any Issuing Lender 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, the Collateral Agent, any Issuing Lender Agent or any Lender Bank or the holder of any Note would otherwise have. No notice to or demand on any Credit Party (or any pledgor under the Dynavox Pledge Agreement) in any case shall entitle any Credit Party (or any pledgor under the Dynavox Pledge Agreement) 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, any Issuing Lender 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, the Collateral Agent, any Issuing Lender or any Lender or any holder of a 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 the Administrative Agent, the Collateral 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, the Collateral 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, the Collateral Agent, any Issuing Lender Lender, the Lenders or the holder of any Lender Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Hvide Marine Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative any Agent, the Collateral Agent, any Issuing Lender Bank 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 the Administrative any Agent, the Collateral Agent, any Issuing Lender Bank 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 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, the Collateral Agent, any Issuing Lender Bank 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 consti- tute a waiver of the rights of the Administrative any Agent, the Collateral Agent, any Issuing Lender Bank or any Lender 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, the Collateral Agent, any Issuing Lender Co-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 the Administrative Agent, the Collateral Agent, any Issuing Lender Co-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, the Collateral Agent, any Issuing Lender Co-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, the Collateral Agent, any Issuing Lender Co-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, the Collateral Agent, any the Issuing Lender Bank 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 the Administrative Agent, the Collateral Agent, any the Issuing Lender Bank 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 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, any the Issuing Lender Bank 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 the Administrative Agent, the Collateral Agent, any the Issuing Lender Bank or any Lender Bank to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Scot Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative any Agent, the Collateral Agent, any Issuing Lender 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 the Administrative any Agent, the Collateral Agent, any Issuing Lender 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 the Administrative any Agent, the Collateral Agent, any Issuing Lender 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 the Administrative any Agent, the Collateral Agent, any Issuing Lender 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 the Administrative Agent, the Collateral Agent, any Issuing Lender 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 Borrower or any other Credit Party and the Administrative Agent, the Collateral Agent, any Issuing Lender 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, the Collateral Agent, any Issuing Lender 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 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, any Issuing Lender 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
Samples: Credit Agreement (Eldertrust)