Common use of No Waiver; Remedies Clause in Contracts

No Waiver; Remedies. No failure on the part of any Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 185 contracts

Samples: Credit Agreement (DoubleVerify Holdings, Inc.), Revolving Credit Agreement (Gap Inc), Revolving Credit Agreement (Gap Inc)

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No Waiver; Remedies. No failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 130 contracts

Samples: Subordination Agreement (KLDiscovery Inc.), Subordination Agreement (KLDiscovery Inc.), Guaranty (Abacus Life, Inc.)

No Waiver; Remedies. No failure on the part of any Party party hereto to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 85 contracts

Samples: Note Funding Agreement (Horizon Technology Finance Corp), Note Funding Agreement (Horizon Technology Finance Corp), Note Funding Agreement (Horizon Technology Finance Corp)

No Waiver; Remedies. No In addition to, and not in limitation of, Section 2.3 and Section 2.5, no failure on the part of any Secured Party or any holder of a Note to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 25 contracts

Samples: Credit Agreement (U.S. Shipping Partners L.P.), Parent Guaranty (Prosource Inc), Subsidiary Guaranty (Foamex Fibers Inc)

No Waiver; Remedies. No In addition to, and not in limitation of Section 2.7, no failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 21 contracts

Samples: Credit Agreement (Hi-Crush Partners LP), Credit Agreement (Hi-Crush Partners LP), Credit Agreement (Nine Energy Service, Inc.)

No Waiver; Remedies. No failure on the part of any Guaranteed Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 16 contracts

Samples: Credit Agreement (Lubrizol Corp), Credit Agreement (Sealed Air Corp/De), Credit Agreement (Sandridge Energy Inc)

No Waiver; Remedies. No failure on the part of any Party party hereto to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies remedy provided by law.

Appears in 15 contracts

Samples: Development Agreement (International Fast Food Corp), Reimbursement Agreement (International Fast Food Corp), Separation Agreement (Firstcom Corp)

No Waiver; Remedies. No In addition to, and not in limitation of Section 2.4, no failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 15 contracts

Samples: Credit Agreement (Coeur Mining, Inc.), Credit Agreement (Empire Resources Inc /New/), Credit Agreement (Hanesbrands Inc.)

No Waiver; Remedies. No failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 14 contracts

Samples: Intercreditor Agreement (Energy XXI LTD), First Lien Notes Pledge and Security Agreement (Reddy Ice Holdings Inc), Pledge and Security Agreement (Reddy Ice Holdings Inc)

No Waiver; Remedies. No failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawLaw.

Appears in 13 contracts

Samples: Credit Agreement (Sensata Technologies Holding PLC), Credit Agreement (Quintiles Transnational Holdings Inc.), Foreign Guaranty

No Waiver; Remedies. No failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawthe Law.

Appears in 12 contracts

Samples: Credit Agreement (Integra Lifesciences Holdings Corp), Credit Agreement (Integra Lifesciences Holdings Corp), Credit Agreement (Integra Lifesciences Holdings Corp)

No Waiver; Remedies. No failure on the part of any Credit Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawthe Law.

Appears in 12 contracts

Samples: Parent Guaranty Agreement, Parent Guaranty Agreement (Gilead Sciences Inc), Parent Guaranty Agreement (Gilead Sciences Inc)

No Waiver; Remedies. No failure on the part of any Party party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 12 contracts

Samples: Intercreditor Agreement (Abercrombie & Fitch Co /De/), Loan Agreement (Horizon Global Corp), Term Loan Credit Agreement (Horizon Global Corp)

No Waiver; Remedies. No In addition to, and not in limitation of, Section 2.3 and Section 2.4, no failure on the part of any the Guaranteed Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 11 contracts

Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement

No Waiver; Remedies. No In addition to, and not in limitation of, Sections 2.3 and 2.5, no failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 11 contracts

Samples: Credit Agreement (Sabre Industries, Inc.), Credit Agreement (Hanesbrands Inc.), Parent Guaranty (Hecla Mining Co/De/)

No Waiver; Remedies. No failure on the part of any Guaranteed Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 9 contracts

Samples: Performance Guarantee, Indenture and Servicing Agreement (Travel & Leisure Co.), Performance Guaranty (Wyndham Worldwide Corp)

No Waiver; Remedies. No failure on the part of any Credit Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 9 contracts

Samples: Credit Agreement (Fidelity National Information Services, Inc.), Credit Agreement (Fidelity National Information Services, Inc.), Seventh Amendment and Restatement Agreement (Fidelity National Information Services, Inc.)

No Waiver; Remedies. No failure on the part of any Party party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 9 contracts

Samples: Mezzanine Loan Agreement (W2007 Grace Acquisition I Inc), Loan Agreement (W2007 Grace Acquisition I Inc), Loan Agreement (Flyi Inc)

No Waiver; Remedies. No failure on the part of any Party party hereto to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 8 contracts

Samples: Credit Agreement (Caterpillar Inc), Credit Agreement (Caterpillar Financial Services Corp), Bridge Loan Agreement (Caterpillar Inc)

No Waiver; Remedies. No failure on the part of any Lender Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 8 contracts

Samples: Revolving Credit Agreement (Kbr, Inc.), Senior Secured Revolving Credit Facility (Era Group Inc.), Revolving Credit Agreement (Kbr, Inc.)

No Waiver; Remedies. No In addition to, and not in limitation of, Section 2.3 and Section 2.5, no failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 8 contracts

Samples: Subsidiary Guaranty (Titan Corp), Subsidiary Guaranty (AMH Holdings, Inc.), Subsidiary Guaranty (Associated Materials Inc)

No Waiver; Remedies. No In addition to, and not in limitation of Section 2.5, no failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 8 contracts

Samples: Credit Agreement (Ferro Corp), Security Agreement (Carbo Ceramics Inc), Credit Agreement (Ferro Corp)

No Waiver; Remedies. No failure on the part of any either Party hereto to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies provided herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 7 contracts

Samples: Account Receivables Purchase Agreement, Account Receivables Purchase Agreement, Account Receivables Purchase Agreement

No Waiver; Remedies. No In addition to, and not in limitation of, Section 2.03 and Section 2.05, no failure on the part of any Lender Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 7 contracts

Samples: Credit Agreement (Trinity Industries Inc), Credit Agreement (Trinity Industries Inc), Credit Agreement (Trinity Marine Products, Inc.)

No Waiver; Remedies. No failure on the part of any Party party hereto to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 7 contracts

Samples: Credit Agreement (Agilon Health, Inc.), Credit Agreement (Agilon Health, Inc.), Credit Agreement (Johnsondiversey Holdings Inc)

No Waiver; Remedies. No failure on the part of any Party party hereto to exercise, and no delay in exercising, any right right, power or remedy hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies provided herein provided are cumulative and are in addition to, and not exclusive of of, any rights or remedies provided by law.

Appears in 7 contracts

Samples: Related Party Agreement, Registration Rights Agreement (AutoTrader Group, Inc.), Stockholders Agreement (AutoTrader Group, Inc.)

No Waiver; Remedies. No failure on the part of any Indemnified Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 6 contracts

Samples: Receivables Purchase Agreement (Polyone Corp), Undertaking Agreement (Crown Holdings Inc), Parent Undertaking Agreement (Crown Holdings Inc)

No Waiver; Remedies. No In addition to, and not in limitation of Section 3.5, no failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 6 contracts

Samples: Credit Agreement (SWIFT TRANSPORTATION Co), Credit Agreement (SWIFT TRANSPORTATION Co), Credit Agreement (SWIFT TRANSPORTATION Co)

No Waiver; Remedies. No In addition to, and not in limitation of, Section 2.3 and Section 2.5, no failure on the part of any Lender Party or any holder of a Note to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 6 contracts

Samples: Credit Agreement (Novamed Inc), Credit Agreement (Novamed Inc), Second Lien Credit Agreement (Concho Resources Inc)

No Waiver; Remedies. No In addition to, and not in limitation of, Section 2.3 and Section 2.5, no failure on the part of any Lender Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 6 contracts

Samples: Credit Agreement (Lone Pine Resources Inc.), Credit Agreement (Lone Pine Resources Inc.), Credit Agreement (Forest Oil Corp)

No Waiver; Remedies. No In addition to, and not in limitation of, Section 2.2 and Section 2.4, no failure on the part of any Guaranteed Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 6 contracts

Samples: Lease Guaranty (Sabre Holdings Corp), Participation Agreement (Mondavi Robert Corp), Participation Agreement (Mondavi Robert Corp)

No Waiver; Remedies. No failure on the part of any Party party hereto to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 6 contracts

Samples: Membership Interest Purchase Agreement (Legion Works, Inc.), Note Purchase Agreement (Electronic Data Systems Corp /De/), Partnership Interest Purchase Agreement (Lindberg Corp /De/)

No Waiver; Remedies. No failure on the part of any Funding Party to exercise, and no delay in exercising, any right hereunder or under any Operative Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder or under any Operative Document preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 6 contracts

Samples: Investment and Participation Agreement (Protective Life Insurance Co), Investment and Participation Agreement (Protective Life Corp), Investment and Participation Agreement (Protective Life Insurance Co)

No Waiver; Remedies. No failure on the part of any Credit Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawLaw.

Appears in 6 contracts

Samples: Term Loan Agreement (Teradata Corp /De/), Revolving Credit Agreement (Teradata Corp /De/), Term Loan Agreement (Teradata Corp /De/)

No Waiver; Remedies. No In addition to, and not in limitation of, Sections 2.3 and 2.5, no failure on the part of any Lender Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 5 contracts

Samples: Guaranty (Apache Corp), Guaranty (Apache Corp), Guaranty (Apache Corp)

No Waiver; Remedies. No failure on the part of any Party party hereto to exercise, and no delay in exercising, any right right, power, or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 5 contracts

Samples: Consulting Services Agreement (Blox, Inc.), Consulting and Professional Services Agreement (Zoro Mining Corp.), Consulting and Professional Services Agreement (Titan Iron Ore Corp.)

No Waiver; Remedies. No In addition to, and not in limitation of, Sections 2.3 and 2.5, no failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawLaw.

Appears in 5 contracts

Samples: Subsidiary Guaranty (Monster Worldwide, Inc.), Subsidiary Guaranty (Monster Worldwide, Inc.), Credit Agreement (Asyst Technologies Inc)

No Waiver; Remedies. No In addition to, and not in limitation of, Section 2.2 and Section 2.4 hereof, no failure on the part of any the Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 4 contracts

Samples: Senior Secured Credit Agreement (Surebeam Corp), Senior Secured Credit Agreement (Titan Corp), Senior Secured Credit Agreement (Titan Corp)

No Waiver; Remedies. No failure on the part of any the Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 4 contracts

Samples: Term Facility Agreement (Affimed Therapeutics B.V.), Pledge and Security Agreement (Airtran Holdings Inc), Guaranty and Security Agreement (Party City Corp)

No Waiver; Remedies. No In addition to, and not in limitation of Section 2.4, no failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawLaw.

Appears in 4 contracts

Samples: u.s. Pledge Agreement (Monster Worldwide, Inc.), u.s. Pledge Agreement (Monster Worldwide, Inc.), Credit Agreement (Asyst Technologies Inc)

No Waiver; Remedies. No failure on the part of any Party party hereto to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawany Applicable Law.

Appears in 4 contracts

Samples: Series 2008 B1 Note Purchase and Loan Agreement (Willis Lease Finance Corp), Series 2008 A1 Note Purchase and Loan Agreement (Willis Lease Finance Corp), Series 2007 A2 Note Purchase and Loan Agreement (Willis Lease Finance Corp)

No Waiver; Remedies. No In addition to, and not in limitation of Section 2.5, no failure on the part of any the Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 4 contracts

Samples: Pledge and Security Agreement (Vbi Vaccines Inc.), Pledge and Security Agreement (Alliqua BioMedical, Inc.), Pledge and Security Agreement (Paulson Capital (Delaware) Corp.)

No Waiver; Remedies. No failure on the part of the Borrower or any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawApplicable Law.

Appears in 4 contracts

Samples: Performance Guaranty (Compass Minerals International Inc), Performance Guaranty (Owens & Minor Inc/Va/), Performance Guaranty (Foresight Energy LP)

No Waiver; Remedies. No In addition to, and not in limitation of, Section 2.2 and Section 2.4, no failure on the part of any Lender Party or any holder of a Note to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 4 contracts

Samples: Credit Agreement (Adt Limited), Guaranty (Adt Limited), Subsidiary Guaranty (Adt Limited)

No Waiver; Remedies. No failure on the part of any a Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawLaw.

Appears in 4 contracts

Samples: Royalty Agreement (Aevi Genomic Medicine, Inc.), Royalty Agreement, Royalty Agreement (Unilife Corp)

No Waiver; Remedies. No failure on the part of any Lessee or any Originator Indemnified Party to exercise, and no delay in exercising, any right right, power or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right right, power or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by lawLaw.

Appears in 4 contracts

Samples: First Step Transfer Agreement (SPRINT Corp), First Step Transfer Agreement (SPRINT Corp), Transfer Agreement (SPRINT Corp)

No Waiver; Remedies. No In addition to, and not in limitation of, Section 2.3 and Section 2.6, no failure on the part of any Lender Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 3 contracts

Samples: Credit Agreement (Lone Pine Resources Inc.), Credit Agreement (Lone Pine Resources Inc.), Credit Agreement (Forest Oil Corp)

No Waiver; Remedies. No To the fullest extent permitted under applicable law, no failure on the part of any the Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided under any other Credit Document or by applicable law.

Appears in 3 contracts

Samples: Security Agreement (Interstate Hotels & Resorts Inc), Credit Agreement (Global Industries LTD), Credit Agreement (Global Industries LTD)

No Waiver; Remedies. No failure on the part of any Party either party to exercise, and no delay in exercising, any right hereunder under any Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 3 contracts

Samples: Loan Agreement (Pulse Biosciences, Inc.), Loan and Security Agreement (Healthier Choices Management Corp.), Loan Agreement (Pulse Biosciences, Inc.)

No Waiver; Remedies. No In addition to, and not in limitation of, Section 2.3 and Section 2.5, no failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 3 contracts

Samples: Guarantee (Workhorse Group Inc.), Loan and Security Agreement (EveryWare Global, Inc.), Subsidiary Guaranty (Kansas City Southern)

No Waiver; Remedies. No failure on the part of any Party a party to exercise, and no course of dealing with respect to, and no delay in exercising, any right right, power or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise by a party of any right right, power or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 3 contracts

Samples: Guarantee (Pattern Energy Group Inc.), Note Purchase Agreement (Us Geothermal Inc), Note Purchase Agreement (Us Geothermal Inc)

No Waiver; Remedies. No failure on the part of any Party party to exercise, and no delay in exercising, any right hereunder or under any Transaction Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 3 contracts

Samples: Loan and Security Agreement (Emergent Capital, Inc.), Loan and Security Agreement (Imperial Holdings, Inc.), Loan and Security Agreement (Imperial Holdings, Inc.)

No Waiver; Remedies. No failure on the part of any Party a party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 3 contracts

Samples: Pledge and Intercreditor Agreement (Financial Security Assurance Holdings LTD), Pledge and Intercreditor Agreement (Financial Security Assurance Holdings LTD), Separation Agreement (Assured Guaranty LTD)

No Waiver; Remedies. No In addition to, and not in limitation of, Section 2.3 and Section 2.4, no failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 3 contracts

Samples: Non Recourse Guaranty, Non Recourse Guaranty, Non Recourse Guaranty (Cheniere Energy Inc)

No Waiver; Remedies. No In addition to, and not in limitation of, Sections 2.3 and 2.5 hereof, no failure on the part of any Lender Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawLaw.

Appears in 3 contracts

Samples: Company Guaranty (Tibco Software Inc), Subsidiary Guaranty (Tibco Software Inc), Credit Agreement (Tibco Software Inc)

No Waiver; Remedies. No failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other rightright . The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 3 contracts

Samples: Pledge Agreement (Titan Corp), Senior Secured Credit Agreement (Titan Corp), Credit Agreement (Titan Corp)

No Waiver; Remedies. No failure on the part of any the Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by applicable law.

Appears in 3 contracts

Samples: Subordinated Pledge Agreement (Industrial Holdings Inc), Subordinated Pledge Agreement (Industrial Holdings Inc), Credit Agreement (Group Maintenance America Corp)

No Waiver; Remedies. No failure on the part of any Party hereto to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 3 contracts

Samples: Split Dollar Termination Agreement (Ameris Bancorp), Limited Liability Company Member Interest Purchase & Sale Agreement (Jayhawk Energy, Inc.), Limited Liability Company Member Interest Purchase & Sale Agreement (Jayhawk Energy, Inc.)

No Waiver; Remedies. No failure on the part of any Lender Party or the Lender to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Mid America Apartment Communities Inc), Credit Agreement (Emeritus Corp\wa\)

No Waiver; Remedies. No In addition to, and not in limitation of Section 2.5, no failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawLaw.

Appears in 2 contracts

Samples: Credit Agreement (Kofax LTD), Credit Agreement (Wiley John & Sons Inc)

No Waiver; Remedies. No failure on the part of any Agent or any other Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Mens Wearhouse Inc), Credit Agreement (Mens Wearhouse Inc)

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No Waiver; Remedies. No In addition to, and not in limitation of Section 2.05, no failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 2 contracts

Samples: Security Agreement (Empire Resources Inc /New/), Security Agreement (Empire Resources Inc /New/)

No Waiver; Remedies. No failure on the part of any the Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The Secured Party shall have all remedies available at law or equity, including, without limitation, the remedy of specific performance for any breach of any provision hereof. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawlaw or equity.

Appears in 2 contracts

Samples: Guaranty (Macc Private Equities Inc), Convertible Note and Security Agreement (Macc Private Equities Inc)

No Waiver; Remedies. No failure on the xxxxxxx xx xhe part of any Party party hereto to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 2 contracts

Samples: Note Purchase Agreement (Conns Inc), Note Purchase Agreement (Conns Inc)

No Waiver; Remedies. No In addition to, and not in limitation of, Section 2.2 and Section 2.4, no failure on the part of any Funding Party or any Holder to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 2 contracts

Samples: Guaranty (Fore Systems Inc /De/), Guaranty Agreement (Fore Systems Inc /De/)

No Waiver; Remedies. No failure on the part of any Party party to this Agreement to exercise, and no delay in exercising, any right hereunder thereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver. The remedies herein therein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 2 contracts

Samples: Funding Note Purchase and Security Agreement (Criimi Mae Inc), Funding Note Issuance and Security Agreement (Criimi Mae Inc)

No Waiver; Remedies. No failure on the part of any Party either party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 2 contracts

Samples: Employment Agreement (Copano Energy, L.L.C.), Employment Agreement (Copano Energy, L.L.C.)

No Waiver; Remedies. No failure on the part of any Party party hereto to exercise, and no delay in exercising, any right hereunder or under the Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 2 contracts

Samples: Contract for Purchase and Sale of Hotels (Felcor Suite Hotels Inc), Contract for Purchase and Sale of Hotels (Itt Corp /Nv/)

No Waiver; Remedies. No failure on the part of any Party each party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 2 contracts

Samples: Secured Debt Settlement Agreement (First Financial Corp /Tx/), Secured Debt Settlement Agreement (Mann David W)

No Waiver; Remedies. No failure on the part of any Party party to exercise, and no delay in exercising, any right right, power or remedy hereunder shall operate as a waiver thereof; thereof or of any similar breach or default thereafter occurring or of a waiver of any other breach or default theretofore or thereafter occurring, nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Laidlaw Global Corp), Stock Purchase Agreement (Laidlaw Global Corp)

No Waiver; Remedies. No failure on the part of any a Secured Party to exercise, and no delay in exercising, any right or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (Franklin BSP Lending Corp), Loan and Servicing Agreement (Business Development Corp of America)

No Waiver; Remedies. No failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial XXXX:\98106221\28\78831.0005 exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (System1, Inc.), Credit and Guaranty Agreement (System1, Inc.)

No Waiver; Remedies. No failure on the part of any Guaranteed Noteholder Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 2 contracts

Samples: Subsidiary Guaranty (Aegis Communications Group Inc), Subsidiary Guaranty (Aegis Communications Group Inc)

No Waiver; Remedies. No In addition to, and not in limitation of, Section 1.3 and 1.5, no failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Mirion Technologies, Inc.), Credit Agreement (Mirion Technologies, Inc.)

No Waiver; Remedies. No failure on the part of any Party either party to exercise, and no delay in exercising, any right hereunder or under the Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by in equity or at law.

Appears in 2 contracts

Samples: Loan Agreement (Partnerre LTD), Loan Agreement (DST Systems Inc)

No Waiver; Remedies. No failure on the part of any Party party to exercise, and no delay in exercising, any right hereunder or under the Senior Subordinated Notes shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 2 contracts

Samples: Senior Subordinated Note Purchase Agreement (Polymer Group Inc), Senior Subordinated Note Purchase Agreement (Matlinpatterson Global Opportunities Partners Lp)

No Waiver; Remedies. No failure on the part of any Secured Party to exercise, and no delay in exercising, exercising any right hereunder shall operate as a waiver thereof; nor shall any single or partial waiver or exercise of any right hereunder preclude any other or further waiver or exercise thereof or the waiver or exercise of any other right. The Except as express provided herein, the remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 2 contracts

Samples: Pledge Agreement (National Insurance Group /Ca/), Pledge Agreement (National Insurance Group /Ca/)

No Waiver; Remedies. No failure on the ------------------- part of any Secured Party or the Agent to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 2 contracts

Samples: Borrower Security Agreement (American Eco Corp), Parent Guarantor Security Agreement (American Eco Corp)

No Waiver; Remedies. No failure on the part of any the Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Group Maintenance America Corp), Security Agreement (Timco Aviation Services Inc)

No Waiver; Remedies. No failure on the part of the SPV or any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawApplicable Law.

Appears in 2 contracts

Samples: Originator Performance Guaranty (Mallinckrodt PLC), Performance Guaranty (Mallinckrodt PLC)

No Waiver; Remedies. No failure on the part of the any Party party hereto to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 2 contracts

Samples: Tri Party Agreement, Tri Party Agreement

No Waiver; Remedies. No failure on the part of any either Party hereto to exercise, and no delay in exercising, any right hereunder shall will operate as a waiver thereof; nor shall will any single or partial exercise of any such right hereunder preclude any other or further future exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 2 contracts

Samples: Exclusive License Agreement (Shire Pharmaceuticals Group PLC), Exclusive License Agreement (Transkaryotic Therapies Inc)

No Waiver; Remedies. No failure on the part of any Covered Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 2 contracts

Samples: Guaranty (Silverleaf Resorts Inc), Guaranty (Silverleaf Resorts Inc)

No Waiver; Remedies. No failure on the part of any Party to exercise, and no delay in exercising, any right right, power or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right right, power or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 2 contracts

Samples: Intercreditor Agreement (Postmedia Network Canada Corp.), Intercreditor Agreement (Postmedia Network Canada Corp.)

No Waiver; Remedies. No In addition to, and not in limitation of, Section 2.4 and Section 2.6, no failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 2 contracts

Samples: Subsidiary Guaranty (Kansas City Southern De Mexico, S.A. De C.V.), Subsidiary Guaranty (Kansas City Southern)

No Waiver; Remedies. No failure on the part of OTS or any Guaranteed Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 2 contracts

Samples: Guaranty, Guaranty (Ocwen Financial Corp)

No Waiver; Remedies. No failure on the part of the Indenture Trustee or any other applicable Supported Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 2 contracts

Samples: Performance Guaranty (CAI International, Inc.), Performance Guaranty (CAI International, Inc.)

No Waiver; Remedies. No failure on the part of any Party a party to exercise, and no delay in exercising, any right hereunder shall will operate as a waiver thereof; , nor shall will any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 1 contract

Samples: Pledge and Administration Agreement (Assured Guaranty LTD)

No Waiver; Remedies. No failure on the part of any Party party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawlaw or in any of the other Note Purchase Documents.

Appears in 1 contract

Samples: Note Purchase Agreement (Aemetis, Inc)

No Waiver; Remedies. No failure on the part of any Party party ------------------- hereto to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 1 contract

Samples: Credit Facility Agreement (Citadel Holding Corp)

No Waiver; Remedies. No failure on the part of any Party party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.. 40 Section 8.7

Appears in 1 contract

Samples: Intercreditor Agreement

No Waiver; Remedies. No failure on the part of any Party the CIG Parties to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 1 contract

Samples: Guaranty of Payment (Capital Trust Inc)

No Waiver; Remedies. No In addition to, and not in limitation of, Sections 2.3 and 2.5, no failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.other

Appears in 1 contract

Samples: Credit Agreement (Asyst Technologies Inc)

No Waiver; Remedies. No failure on the part of any Party either party hereto to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further future exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of in addition to any other remedies provided by applicable law.

Appears in 1 contract

Samples: Production Agreement (International Spirits & Beverage Group, Inc.)

No Waiver; Remedies. No Except as to applicable statutes of limitation, no failure on the part of any Party party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of to any remedies provided by law.

Appears in 1 contract

Samples: Indemnity Agreement (New Fortress Energy Inc.)

No Waiver; Remedies. No failure on the part of any Party parties to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies of the parties herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 1 contract

Samples: Intercreditor Agreement (Precision Partners Inc)

No Waiver; Remedies. No failure on the part of any US Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 1 contract

Samples: Guaranty (Chemtura CORP)

No Waiver; Remedies. No failure on the part of any Guaranteed Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.. SECTION 12

Appears in 1 contract

Samples: Parent Guaranty (Alpharma Inc)

No Waiver; Remedies. No failure on the part of any Party the Secured Parties to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 1 contract

Samples: Security Agreement (Timco Aviation Services Inc)

No Waiver; Remedies. No failure on the part of any Lender Party to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 1 contract

Samples: Credit Agreement (Beckman Instruments Inc)

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