No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof 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 other remedies provided by law.
Appears in 15 contracts
Samples: Purchase and Contribution Agreement (Bluegreen Vacations Holding Corp), Purchase and Contribution Agreement (Bluegreen Vacations Holding Corp), Purchase and Contribution Agreement (Bluegreen Vacations Holding Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Buyer 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 other remedies provided by law.
Appears in 12 contracts
Samples: Master Repurchase Agreement (PennyMac Financial Services, Inc.), Purchase and Contribution Agreement (HPSC Inc), Receivables Purchase Agreement (Arcadia Financial LTD)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Issuer or any assignee thereof 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 other remedies provided by law.
Appears in 11 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement (Diamond Resorts International, Inc.)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Purchaser 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 other remedies provided by law.
Appears in 11 contracts
Samples: Receivables Loan Agreement, Sale and Contribution Agreement, Custody Agreement (Hilton Grand Vacations Inc.), Purchase and Contribution Agreement (Tampa Electric Co), Purchase and Contribution Agreement (Teco Energy Inc)
No Waiver; Remedies. No failure on the part of any Bank or the Seller, the Depositor or any assignee thereof Agent to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any and no single or partial exercise of any such right hereunder shall 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 other remedies provided by law.
Appears in 11 contracts
Samples: Debt Service Reserve Letter of Credit and Reimbursement Agreement (Eme Homer City Generation Lp), Debt Service Reserve Letter of Credit and Reimbursement Agreement (Eme Homer City Generation Lp), Debt Service Reserve Letter of Credit and Reimbursement Agreement (Edison Mission Energy)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Beneficiary 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 other remedies provided by law.
Appears in 11 contracts
Samples: Term Loan Agreement (Public Service Co of New Mexico), Guaranty Agreement (Public Service Co of New Mexico), Credit Agreement (FirstEnergy Solutions Corp.)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Purchaser to exercise, and no delay in exercising, any right hereunder or under any Sale 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 other remedies provided by law.
Appears in 9 contracts
Samples: Receivables Sale Agreement (Chrysler Financial Corp), Receivables Sale Agreement (Chrysler Financial Corp), Receivables Sale Agreement (Chrysler Financial Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Noteholders 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 other remedies provided by law.
Appears in 9 contracts
Samples: Note Issuance and Purchase Agreement (Alternus Energy Inc.), Note Purchase Agreement (Universal Seismic Associates Inc), Guaranty and Exchange Agreement (Texoil Inc /Nv/)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Trust 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 other remedies provided by law.
Appears in 9 contracts
Samples: Receivables Purchase Agreement (KAR Auction Services, Inc.), Receivables Purchase Agreement (KAR Auction Services, Inc.), Receivables Purchase Agreement (KAR Auction Services, Inc.)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Company 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 other remedies provided by law.
Appears in 8 contracts
Samples: Receivables Purchase and Contribution Agreement, Guaranty, Omnibus Amendment (Community Health Systems Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor a Deal Agent or any assignee thereof a Purchaser 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 other remedies provided by law.
Appears in 7 contracts
Samples: Note Purchase Agreement (TAL International Group, Inc.), Note Purchase Agreement (TAL International Group, Inc.), Note Purchase Agreement (TAL International Group, Inc.)
No Waiver; Remedies. No failure on the part of the SellerIssuer, the Depositor Securitization Indenture Trustee or any assignee thereof 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 other remedies provided by law.
Appears in 7 contracts
Samples: Transfer Agreement (Silverleaf Resorts Inc), Transfer Agreement (Silverleaf Resorts Inc), Transfer Agreement (Silverleaf Resorts Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Beneficiary 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 other remedies provided by law.
Appears in 6 contracts
Samples: Margin Loan Agreement (Cannae Holdings, Inc.), Margin Loan Agreement (Cannae Holdings, Inc.), Guaranty (Cannae Holdings, Inc.)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Buyer 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 other remedies provided by law.
Appears in 6 contracts
Samples: Receivables Sale Agreement, Omnibus Amendment (Community Health Systems Inc), Omnibus Amendment (Community Health Systems Inc)
No Waiver; Remedies. No failure on the part of any of the Seller, the Depositor or any assignee thereof Lenders 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 other remedies provided by law, the Credit Agreement or any other agreement relating to the Obligations.
Appears in 6 contracts
Samples: Credit Agreement (Topps Co Inc), Credit Agreement (Topps Co Inc), Credit Agreement (Topps Co Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof ROS 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 other remedies provided by lawLaw.
Appears in 5 contracts
Samples: Royalty Agreement (Natera, Inc.), Royalty Agreement (Natera, Inc.), Credit Agreement (Natera, Inc.)
No Waiver; Remedies. No failure on the part of the SellerPurchaser, the Depositor Securitization Indenture Trustee or any assignee thereof 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 other remedies provided by law.
Appears in 5 contracts
Samples: Loan Sale Agreement (Silverleaf Resorts Inc), Loan Sale Agreement (Silverleaf Resorts Inc), Loan Sale Agreement (Silverleaf Resorts Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Lender 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 other remedies provided by law.
Appears in 5 contracts
Samples: Credit Agreement (Littelfuse Inc /De), Credit Agreement (Littelfuse Inc /De), Loan Agreement (Littelfuse Inc /De)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Buyer or any assignee thereof Lessee 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 other rights or remedies provided by lawLaw.
Appears in 4 contracts
Samples: Second Step Transfer Agreement (SPRINT Corp), Second Step Transfer Agreement (SPRINT Corp), Second Step Transfer Agreement (Tranche 2) (SPRINT Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Lender to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any and no single or partial exercise of any right hereunder shall preclude any other or further exercise thereof or the exercise of any other right. The remedies provided herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 4 contracts
Samples: Subsidiary Guarantee (Physicians Formula Holdings, Inc.), Pledgor Guarantee (Physicians Formula Holdings, Inc.), Pledge Agreement (Physicians Formula Holdings, Inc.)
No Waiver; Remedies. No Except as to applicable statutes of limitation, no failure on the part of the Seller, the Depositor or any assignee thereof Creditor 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 other remedies provided by law.
Appears in 4 contracts
Samples: Guaranty Agreement, Isda Master Agreement, Guaranty Agreement
No Waiver; Remedies. No failure on the part of the SellerDepositor, the Depositor Issuer or any assignee thereof 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 other remedies provided by law.
Appears in 4 contracts
Samples: Sale Agreement (Diamond Resorts Corp), Sale Agreement (Diamond Resorts International, Inc.), Sale Agreement (Diamond Resorts Corp)
No Waiver; Remedies. No failure on the part of any holder of the Seller, the Depositor or any assignee thereof Debt Securities 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 other remedies provided by law.
Appears in 4 contracts
Samples: Guarantee (Waste Management Holdings Inc), Guarantee (Waste Management Inc), Guarantee (Waste Management Holdings Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Noteholder 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 other remedies provided by law.
Appears in 4 contracts
Samples: Note Purchase Agreement (Alliance Holdings GP, L.P.), Note Purchase Agreement (Alliance Resource Partners Lp), Note Purchase Agreement (Alliance Resource Partners Lp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Deal Agent or any assignee thereof a Purchaser 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 other remedies provided by law.
Appears in 4 contracts
Samples: Receivables Purchase Agreement (Bankvest Capital Corp), Note Purchase Agreement (American Finance Group Inc /De/), Note Purchase Agreement (Willis Lease Finance Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof 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 other remedies provided by law.
Appears in 4 contracts
Samples: Guaranty (Mediabay Inc), Guaranty (Mediabay Inc), Subsidiary Guaranty (Audio Book Club Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof 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 other remedies provided by law.
Appears in 4 contracts
Samples: Purchase Agreement (Diamond Resorts Corp), Purchase Agreement (Diamond Resorts International, Inc.), Purchase Agreement (Diamond Resorts Corp)
No Waiver; Remedies. No In addition to, and not in limitation of Section 2.7, no failure on the part of the Seller, the Depositor or any assignee thereof Lender 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 other remedies provided by law.
Appears in 3 contracts
Samples: Security Agreement (Epl Oil & Gas, Inc.), Security Agreement (Energy XXI LTD), Security Agreement (Great Lakes Aviation LTD)
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 the Seller, the Depositor or any assignee thereof Lender 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 other remedies provided by law.
Appears in 3 contracts
Samples: Intercreditor Agreement (Epl Oil & Gas, Inc.), Intercreditor Agreement (Energy XXI LTD), Parent Guaranty (Vista Gold Corp)
No Waiver; Remedies. No failure on the part of the Seller, Deal Agent or the Depositor or any assignee thereof Purchaser 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 other remedies provided by law.
Appears in 3 contracts
Samples: Receivables Purchase Agreement (Outsource International Inc), Receivables Purchase Agreement (Synthetic Industries Inc), Receivables Purchase Agreement (Superior National Insurance Group Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Agent or any assignee thereof Owner 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 other remedies provided by law.
Appears in 3 contracts
Samples: Receivables Purchase and Sale Agreement (North Atlantic Energy Corp /Nh), Receivables Purchase Agreement (Northeast Utilities System), Receivables Purchase Agreement (North Atlantic Energy Corp /Nh)
No Waiver; Remedies. No Except as to applicable statutes of limitation, no failure on the part of the Seller, the Depositor or any assignee thereof CVEC 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 other remedies provided by law.
Appears in 3 contracts
Samples: Energy Management Services Agreement, Guaranty, Energy Management Services Agreement
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Lender 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 other remedies provided by lawlaw or equity.
Appears in 3 contracts
Samples: Loan and Security Agreement (Ixc Communications Inc), Subsidiary Guaranty (Futurelink Corp), Unconditional Limited Guaranty Agreement (GST Telecommunications Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Lender 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 other remedies remedy provided by law.
Appears in 3 contracts
Samples: Term Loan Agreement (MTR Gaming Group Inc), Term Loan Agreement (MTR Gaming Group Inc), Term Loan Agreement (Diversified Food Group Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Company 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 other remedies provided by law.
Appears in 3 contracts
Samples: Merger Agreement (Spectranetics Corp), Guarantee Agreement (Koninklijke Philips Nv), Guaranty (Excelsior Henderson Motorcycle Manufacturing Co)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Buyer or any assignee thereof 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 other remedies provided by law.
Appears in 2 contracts
Samples: Loan Sale and Servicing Agreement (Diamond Resorts Parent, LLC), Loan Sale and Servicing Agreement (Diamond Resorts Parent, LLC)
No Waiver; Remedies. No Except as to applicable statutes of limitation, no failure on the part of the SellerCounterparty, the Depositor Guarantor or any assignee thereof Company 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 other remedies provided by law.
Appears in 2 contracts
Samples: Coal Supply Agreement, Coal Supply Agreement
No Waiver; Remedies. No failure on the part of any Bank or ------------------- the Seller, the Depositor or any assignee thereof 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 other remedies provided by law.
Appears in 2 contracts
Samples: Credit Agreement (Hancock John Financial Services Inc), Credit Agreement (Hancock John Financial Services 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 the Seller, the Depositor or any assignee thereof Lender 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 other remedies provided by law.
Appears in 2 contracts
Samples: Credit Agreement (TransMedics Group, Inc.), Credit Agreement (TransMedics Group, Inc.)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof 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 To the extent permitted by applicable law, the remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 2 contracts
Samples: Loan Agreement (Mills Corp), Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing (Mills Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof 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 future exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 2 contracts
Samples: Secured Promissory Note (Amerex Group, Inc.), Senior Secured Convertible Promissory Note (Cal-Bay International Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Payee 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 other remedies provided by law.
Appears in 2 contracts
Samples: Redemption Agreement (Fidelity Holdings Inc), Redemption Agreement (Fidelity Holdings Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Lender 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 Each remedy herein provided are is cumulative and is not exclusive of any other remedies remedy provided herein or by law.
Appears in 2 contracts
Samples: Loan and Security Agreement (Overseas Shipholding Group Inc), Loan Agreement (Overseas Shipholding Group Inc)
No Waiver; Remedies. No failure on Nx xxxxxxx xx the part of the Seller, the Depositor or any assignee thereof 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 other remedies provided by law.
Appears in 2 contracts
Samples: Purchase and Contribution Agreement (Bluegreen Corp), Purchase and Contribution Agreement (Bluegreen Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Lender to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any and no single or partial exercise of any right hereunder shall preclude any other or further exercise thereof or the exercise of any other rightrights. The remedies provided herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 2 contracts
Samples: Loan Agreement (Baidu, Inc.), Loan Agreement (Baidu, Inc.)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Weyerhaeuser 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 other remedies provided by law.
Appears in 2 contracts
Samples: Assignment and Assumption Agreement (Weyerhaeuser Co), Assumption Agreement (Weyerhaeuser Co)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Canadian Guarantor or any assignee thereof 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 other remedies provided by lawApplicable Law.
Appears in 2 contracts
Samples: Performance Guaranty (NCR Atleos Corp), Performance Guaranty (NCR Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Lenders 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 other remedies provided by law.
Appears in 2 contracts
Samples: Guaranty Agreement (Evergreen Sustainable Enterprises, Inc.), Payment Guaranty
No Waiver; Remedies. No failure on the part of the SellerIssuer, the Depositor Indenture Trustee or any assignee thereof Noteholder to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, thereof (unless waived in writing); 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 other remedies provided by law.
Appears in 2 contracts
Samples: Indenture (Uici), Indenture (Uici)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Creditor 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 other remedies provided by law.
Appears in 2 contracts
Samples: Promissory Note (Durango Corp), Unsubordinated Promissory Note (Durango Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Beneficiary to ------------------- exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any and no single or partial exercise of any right hereunder shall preclude any other or further exercise thereof or the exercise of any other right. The remedies provided herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 2 contracts
Samples: Guaranty (Gentle Dental Service Corp), Guaranty (Gentle Dental Service Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or by any assignee thereof Person 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 other rights and remedies provided by law.
Appears in 2 contracts
Samples: Note Purchase Agreement (NewStar Financial, Inc.), Note Purchase Agreement (NewStar Financial, Inc.)
No Waiver; Remedies. No failure on the part of either of the Seller, the Depositor or any assignee thereof Creditors 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 other remedies provided by law, except to the extent such remedies provided by law are modified by the terms hereof.
Appears in 2 contracts
Samples: Intercreditor and Lien Subordination Agreement (Colonial Commercial Corp), Intercreditor and Lien Subordination Agreement (Colonial Commercial Corp)
No Waiver; Remedies. No Except as to applicable statutes of limitation, no failure on the part of the Seller, the Depositor or any assignee thereof Beneficiary 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 other remedies provided by law.
Appears in 2 contracts
Samples: Guaranty (Tesoro Logistics Lp), Guaranty (Qep Resources, Inc.)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Seller 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 other remedies provided by law.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Blackwater Midstream Corp.), Guaranty (Blackwater Midstream Corp.)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Beneficiaries 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 the other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by lawApplicable Laws.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Recipient 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 other remedies provided by law.
Appears in 1 contract
Samples: Parent Guaranty (Advancepcs)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof The Lender 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 other remedies provided by law.
Appears in 1 contract
Samples: Guaranty and Security Agreement (Edible Garden AG Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Buyer to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any . No single or partial exercise of any right hereunder shall preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 1 contract
Samples: Non Recourse Guaranty (Golden Autumn Holdings Inc.)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Purchaser 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 other remedies provided by law.
Appears in 1 contract
Samples: Guaranty
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Beneficiary or any assignee thereof Guarantor 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 other remedies provided by lawLaw.
Appears in 1 contract
Samples: Guaranty (Dynegy Inc.)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Purchasers 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 other remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Purchaser or any assignee thereof to exercise, and no delay in exercising, any right hereunder or under any Sale Assignment 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 other remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the Seller, ------------------- Agent or the Depositor or any assignee thereof Lenders 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 other remedies remedy provided by law.
Appears in 1 contract
Samples: Financing Agreement (Happy Kids Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor ------------------- Purchaser or any assignee thereof to exercise, and no delay in exercising, any right hereunder or under any Sale Assignment 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 other remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof beneficiary 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 other remedies provided by law.
Appears in 1 contract
Samples: Subordinated Credit Agreement (Cano Petroleum, Inc)
No Waiver; Remedies. No failure on xxxxxxx xx the part of the SellerDepositor, the Depositor Issuer or any assignee thereof 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 other remedies provided by law.
Appears in 1 contract
Samples: Sale Agreement (Bluegreen Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Agent or any assignee thereof Financial Institution 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 other remedies provided by law.
Appears in 1 contract
Samples: Guaranty (Williams Companies Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Seller 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 other remedies provided by law.
Appears in 1 contract
Samples: Guaranty Agreement (American Leisure Holdings, Inc.)
No Waiver; Remedies. No failure on the part of any Holder ------------------- or the Seller, the Depositor or any assignee thereof 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 other remedies provided in the Note Purchase Agreement, any other Note Document, in equity, or by law.
Appears in 1 contract
Samples: Guarantor Security and Pledge Agreement (Western Micro Technology Inc /De)
No Waiver; Remedies. No failure on the part of the ------------------- Seller, the Depositor Agent, the Investor, any Owner or any assignee thereof CNA 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 other remedies provided by law.
Appears in 1 contract
Samples: Receivables Purchase and Sale Agreement (Alliant Energy Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Purchaser or any assignee thereof to exercise, and no delay in exercising, any right hereunder or under any Sale Assignment 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 other remedies provided by law.
Appears in 1 contract
Samples: Commercial Loan Sale Agreement (First International Bancorp Inc)
No Waiver; Remedies. No failure on the part of the SellerOwner, the Depositor Sureties or any assignee thereof the Trustee 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 other remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Lender 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 other remedies provided by law.
Appears in 1 contract
Samples: Guaranty Agreement (American Leisure Holdings, Inc.)
No Waiver; Remedies. No failure on the part of any Owner or the Seller, the Depositor or any assignee thereof 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 other remedies provided by law.
Appears in 1 contract
Samples: Trade Receivables Purchase and Sale Agreement (Dial Corp /New/)
No Waiver; Remedies. No failure on Nx xxxxxxx xx the part of the Seller, the Depositor Depositor,t he Issuer or any assignee thereof 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 other remedies provided by law.
Appears in 1 contract
Samples: Sale Agreement (Bluegreen Corp)
No Waiver; Remedies. No failure on the part of any Bank or the Seller, the Depositor or any assignee thereof 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 other remedies provided by law.
Appears in 1 contract
Samples: Credit Agreement (Hancock John Financial Services Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Lender 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. right The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 1 contract
Samples: Cash Collateral Agreement (Marriott Diversified American Hotels L P)
No Waiver; Remedies. No failure on the part of the SellerPurchaser, the Depositor Financial Services Agent or any assignee thereof the Seller to exercise, and no delay in exercising, any right hereunder shall 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 Except as otherwise provided, the remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 1 contract
Samples: Master Receivables Purchase Agreement (Chrysler Financial Corp)
No Waiver; Remedies. No failure on xxxxxxx xx the part of the Seller, the Depositor or any assignee thereof 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 other remedies provided by law.
Appears in 1 contract
Samples: Purchase and Contribution Agreement (Bluegreen Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Investor 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 other remedies provided by law.
Appears in 1 contract
Samples: Intercreditor Agreement (Ener1 Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Note 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 other remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof ------------------- Purchaser to exercise, and no delay in exercising, any right hereunder or under any Sale 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 other remedies provided by law.
Appears in 1 contract
Samples: Receivables Sale Agreement (York International Corp /De/)
No Waiver; Remedies. No failure on the part of the SellerPurchaser or the Collateral Agent (for the benefit of the Lenders), the Depositor or any as assignee thereof hereunder, 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 other remedies provided by lawlaw or any other Document.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Issuer 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 other remedies provided by law.
Appears in 1 contract
Samples: Guaranty Agreement
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof ------------------- Obligee 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 other remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Seller to exercise, and no delay in exercising, any right hereunder under this Note shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right hereunder under this Note 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 other remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Lender 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 other remedies provided by law.
Appears in 1 contract
Samples: Put Agreement (ITC Holdings Corp.)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Beneficiary 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 other remedies provided by law. SECTION 12.
Appears in 1 contract
Samples: Parent Undertaking Agreement (Dal Tile International Inc)
No Waiver; Remedies. No failure on the part of any ------------------- Holder or the Seller, the Depositor or any assignee thereof 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 other remedies provided in the Note Purchase Agreement, any other Note Document, in equity, or by law.
Appears in 1 contract
Samples: Issuer Security and Pledge Agreement (Western Micro Technology Inc /De)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Purchaser ------------------- to exercise, and no delay in exercising, any right hereunder or under any Sale 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 other remedies provided by law.
Appears in 1 contract
Samples: Receivables Sale Agreement (Unisource Worldwide Inc)
No Waiver; Remedies. No failure on the part faxxxxx xx xxx xart of the SellerDepositor, the Depositor Issuer or any assignee thereof 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 other remedies provided by law.
Appears in 1 contract
Samples: Sale Agreement (Bluegreen Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Company ------------------- or CWC or any assignee thereof of CWC to exercise, and no delay in exercising, any right hereunder or under any Assignment 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 other remedies provided by law.
Appears in 1 contract
Samples: Receivables Transfer Agreement (Consumer Portfolio Services Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Buyer or any assignee thereof 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 other remedies provided by law.. LOAN SALE & SERVICING AGREEMENT
Appears in 1 contract
Samples: Loan Sale and Servicing Agreement (Diamond Resorts Corp)
No Waiver; Remedies. No failure on Nx xxxxxxx xx the part of the SellerDepositor, the Depositor Issuer or any assignee thereof 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 other remedies provided by law.
Appears in 1 contract
Samples: Sale Agreement (Bluegreen Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Seller or any assignee thereof Purchaser 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 other remedies provided by law.
Appears in 1 contract
Samples: Membership Interest Purchase and Sale Agreement (Adino Energy Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Agent or any assignee thereof Investor or Bank 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 other remedies provided by law.
Appears in 1 contract
Samples: Parent Undertaking Agreement (United Rentals North America Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Buyer 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 other remedies provided by law.
Appears in 1 contract
Samples: Master Lease Agreement (3 Dimensional Pharmaceuticals Inc)
No Waiver; Remedies. No failure on the part of the SellerPurchaser, the Depositor or any assignee thereof other Beneficiary or any of their respective successors or assigns 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 other remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Creditor 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 other remedies provided by law.
Appears in 1 contract
Samples: Senior Secured Revolving Credit Facility (Seacor Holdings Inc /New/)
