No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing Bank or the Administrative 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 such right 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 35 contracts
Samples: Credit Agreement (Entergy New Orleans, LLC), Credit Agreement (Entergy Mississippi, LLC), Credit Agreement (Entergy Mississippi, LLC)
No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing Fronting Bank or the Administrative Agent 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 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 23 contracts
Samples: Credit Agreement (FirstEnergy Transmission, LLC), Credit Agreement (FirstEnergy Transmission, LLC), Credit Agreement (Firstenergy Corp)
No Waiver; Remedies. No failure on the part of the Depositor, the Issuer or any Lender, any LC Issuing Bank or the Administrative Agent 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 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 18 contracts
Samples: Sale Agreement (Bluegreen Vacations Holding Corp), Sale Agreement (Bluegreen Vacations Holding Corp), Sale Agreement (Bluegreen Vacations Holding Corp)
No Waiver; Remedies. No failure on the part of any Lender, any the LC Issuing Bank Issuer or the Administrative Agent 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 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: Credit Agreement (Commonwealth Edison Co), 364 Day Credit Agreement, 364 Day Credit Agreement (Exelon Corp)
No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing the Bank or the Administrative 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 such right 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: Letter of Credit Facility Agreement, Letter of Credit Facility Agreement (Sunpower Corp), Letter of Credit Facility Agreement (Sunpower Corp)
No Waiver; Remedies. No failure on the part of any LenderBank, any LC the Agent, or the Issuing Bank or the Administrative Agent 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 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 (Stone Energy Corp), Credit Agreement (Stone Energy Corp), Credit Agreement (Stone Energy Corp)
No Waiver; Remedies. No failure on the part of any Lender, any the LC Issuing Bank Issuer or the Administrative 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 such right 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 10 contracts
Samples: Credit Agreement, Credit Agreement, Credit Agreement
No Waiver; Remedies. No failure on the part of any Lender, any the LC Issuing Bank or the Administrative Agent 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 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 10 contracts
Samples: Credit Agreement (Alliant Energy Corp), Credit Agreement (Interstate Power & Light Co), Credit Agreement (Interstate Power & Light Co)
No Waiver; Remedies. No Except as to applicable statutes of limitation or repose, no failure on the part of any Lender, any LC Issuing Bank or the Administrative Agent 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 such right 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: Guaranty (Kansas City Power & Light Co), Guaranty (Kansas City Power & Light Co), Guaranty (Kansas City Power & Light Co)
No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing Bank or the Administrative Agent Agent, or any Issuing Lender to exercise, and no delay in exercising, any right hereunder or under any other Credit Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided in this Agreement and the other Credit Documents are cumulative and not exclusive of any remedies provided by law.
Appears in 7 contracts
Samples: 5 Year Credit Agreement (NOV Inc.), 5 Year Credit Agreement (National Oilwell Varco Inc), Credit Agreement (National Oilwell Varco Inc)
No Waiver; Remedies. No failure on the part of any Lender, the Swingline Lender, any LC Issuing Bank or the Administrative Agent 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 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: Five Year Master Credit Agreement (Wisconsin Power & Light Co), Five Year Master Credit Agreement (Wisconsin Power & Light Co), Master Credit Agreement (Wisconsin Power & Light Co)
No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing Bank or the Administrative Agent or any Bank (including any Swap 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 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 6 contracts
Samples: Senior Unsecured Term Loan Agreement (LaSalle Hotel Properties), Senior Unsecured Credit Agreement (LaSalle Hotel Properties), Senior Unsecured Term Loan Agreement (LaSalle Hotel Properties)
No Waiver; Remedies. No failure on the part of any Lenderthe Borrower, any LC Issuing Bank Lender or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right 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: Term Loan Credit Agreement (PPG Industries Inc), Term Loan Credit Agreement (PPG Industries Inc), Term Loan Credit Agreement (PPG Industries Inc)
No Waiver; Remedies. No failure on the part of any Lender, any the Swingline Lender, the LC Issuing Bank or the Administrative Agent 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 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 (Interstate Power & Light Co), Credit Agreement (Alliant Energy Corp), Credit Agreement (Alliant Energy Corp)
No Waiver; Remedies. No Except as otherwise specified herein, no failure on the part of any Lender, any LC Issuing Bank or the Administrative Agent Secured Creditor to exercise, 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 such 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 remedies provided by law.
Appears in 5 contracts
Samples: Subordination Agreement (Acura Pharmaceuticals, Inc), Subordination Agreement (Acura Pharmaceuticals, Inc), Subordination Agreement (Acura Pharmaceuticals, Inc)
No Waiver; Remedies. No failure on the part of any Lender, any LC the Issuing Bank or the Administrative 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 such right 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: Credit Agreement (Gap Inc), Credit Agreement (Gap Inc), Credit Agreement (Gap Inc)
No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing Bank or the Administrative Agent Agent, or any Issuing 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 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 (Callon Petroleum Co), Credit Agreement (Callon Petroleum Co), Credit Agreement (Callon Petroleum Co)
No Waiver; Remedies. No failure on the part of any Lender, Bank or any LC Issuing Bank or the Administrative 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 such right 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: Multicurrency Credit Agreement (Ecolab Inc.), Multicurrency Credit Agreement (Ecolab Inc.), Multicurrency Credit Agreement (Ecolab Inc)
No Waiver; Remedies. No failure on the part of any LenderLender Party or any holder of a Note, any an LC Issuing Bank Application, or the Administrative Agent an interest in an LC Obligation 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 4 contracts
Samples: Credit Facility Agreement (Pioneer Natural Resources Co), Credit Facility Agreement (Pioneer Natural Resources Co), Credit Facility Agreement (Pioneer Natural Resources Co)
No Waiver; Remedies. No failure on the part of any Lender, any the LC Issuing Bank or the Administrative Agent 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 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: Secured Super Priority Debtor in Possession Revolving Credit Agreement (Integrated Health Services Inc), Revolving Credit and Term Loan Agreement (Integrated Health Services Inc), Revolving Credit Agreement (Integrated Health Services Inc)
No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right 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 (Marriott International Inc /Md/), Credit Agreement (Marriott International Inc /Md/), Credit Agreement (Marriott International Inc /Md/)
No Waiver; Remedies. No failure on the part of any Borrower, any Lender, any LC Issuing Bank Lender or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right 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: Amendment to Credit Agreement (PPG Industries Inc), Five Year Credit Agreement (PPG Industries Inc), Credit Agreement (PPG Industries Inc)
No Waiver; Remedies. No failure on the part of the Senior Creditors, or any Lenderone of them, any LC Issuing Bank or the Administrative 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 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 4 contracts
Samples: 364 Day Revolving Credit Agreement (Sunoco Logistics Partners L.P.), 364 Day Revolving Credit Agreement (Sunoco Logistics Partners L.P.), Credit Agreement (Sunoco Logistics Partners L.P.)
No Waiver; Remedies. No failure on the part of any Lender, any LC the Issuing Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder hereunder, under any Note or any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right 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: Incremental Term Loan Agreement and Amendment to Guarantee Agreement (Rayonier, L.P.), Credit Agreement (Rayonier Inc), Credit Agreement (Rayonier Inc)
No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing Bank or the Administrative 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 such right 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: Credit Agreement (STERIS PLC), Credit Agreement (STERIS PLC), Credit Agreement (Steris Corp)
No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder hereunder, under any Note or any other Loan Document or shall operate as a waiver thereof; nor shall any single or partial exercise of any such right 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: Revolving Credit Agreement (Rayonier Inc), Revolving Credit Agreement (Rayonier Inc), Revolving Credit Agreement (Rayonier Inc)
No Waiver; Remedies. No failure on the part of any Lenderthe Borrower, any LC Issuing Bank or ------------------- the Administrative Agent or any 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 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: Capital Contribution Agreement (Omnipoint Corp \De\), Capital Contribution Agreement (Omnipoint Corp \De\), Capital Contribution Agreement (D&e Communications Inc)
No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing Bank ------------------- Lender or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note or any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right 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 (Omnipoint Corp \De\), Loan Agreement (Omnipoint Corp \De\), Loan Agreement (Omnipoint Corp \De\)
No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing Bank GWG Trustee or the Administrative Master Collateral Agent 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 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: Note Issuance and Security Agreement, Note Issuance and Security Agreement (GWG Holdings, Inc.), Note Issuance and Security Agreement (GWG Life Settlements, LLC)
No Waiver; Remedies. No failure on the part of any Lenderthe Administrative Agent, any LC Bank, or any Issuing Bank or the Administrative Agent 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 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 (Holly Energy Partners Lp), Credit Agreement (Holly Energy Partners Lp), Credit Agreement (Holly Energy Partners Lp)
No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing Bank or the Administrative Agent Lender or any 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 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 lawLaw.
Appears in 3 contracts
Samples: Credit Agreement (Franchise Finance Corp of America), Subordination Agreement (Franchise Finance Corp of America), Subordination Agreement (Franchise Finance Corp of America)
No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder hereunder, under any Note or any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right 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: Five Year Revolving Credit Agreement (Rayonier Inc), First Amendment and Restatement Agreement (Rayonier Inc), Revolving Credit Agreement (Rayonier Inc)
No Waiver; Remedies. No failure on the part of any LenderBorrower, any LC Issuing Bank Lender or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right 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: Term Loan Agreement (PPG Industries Inc), 364 Day Credit Agreement (PPG Industries Inc), 364 Day Credit Agreement (PPG Industries Inc)
No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing the Fronting Bank or the Administrative Agent 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 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 (Jersey Central Power & Light Co), Credit Agreement (Jersey Central Power & Light Co), Letter of Credit and Reimbursement Agreement (Metropolitan Edison Co)
No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing Bank Fronting Bank, any Swing Line Lender or the Administrative Agent 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 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 (FirstEnergy Solutions Corp.), Credit Agreement, Credit Agreement (FirstEnergy Solutions Corp.)
No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing Bank Lender ------------------- or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note or any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right 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 (Omnipoint Corp \De\), Loan Agreement (Omnipoint Corp \De\), Loan Agreement (Omnipoint Corp \De\)
No Waiver; Remedies. No failure on the part of any Lenderthe Borrower, any LC Issuing Bank or the Lenders, the Administrative Agent or any other Secured Party to exercise, and no delay in exercising, any right hereunder or under any Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right 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 (PLBY Group, Inc.), Credit Agreement (PLBY Group, Inc.)
No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing Bank or ------------------- the Administrative Agent 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 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: 364 Day Credit Agreement (Donnelley R R & Sons Co), 364 Day Credit Agreement (Donnelley R R & Sons Co)
No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing Bank or the Administrative Agent 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 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 (Marriott International Inc /Md/), Credit Agreement (Marriott International Inc /Md/)
No Waiver; Remedies. No failure on the part of any LenderLender or Chase, any LC Issuing Bank or the as Administrative Agent Agent, 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 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: Revolving Credit Agreement (Kraft Foods Inc), Revolving Credit Agreement (Altria Group Inc)
No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing Bank Arranger or the Administrative Agent 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 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: 364 Day Credit Agreement (Borden Inc), Credit Agreement (Borden Inc)
No Waiver; Remedies. No failure on the part of any Lender, any LC the Issuing Bank or the Administrative Agent 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 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 (Maxtor Corp), Credit Agreement (Maxtor Corp)
No Waiver; Remedies. No failure on the part of any Lenderthe Administrative Agent, any LC Issuing Bank or the Administrative Agent Issuing Bank 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 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 (Crosstex Energy Lp), Credit Agreement (Crosstex Energy Lp)
No Waiver; Remedies. No failure on the part of any Lender, any LC the Issuing Bank or the Administrative 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 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 (Progress Energy Inc), Credit Agreement (Progress Energy Inc)
No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing Bank or the Administrative 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 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 (Progress Energy Inc), Credit Agreement (Carolina Power & Light Co)
No Waiver; Remedies. No failure on the part of any the Administrative Agent, the Swing Line Lender, any LC Issuing Bank or the Administrative Agent Lender and/or any L/C 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 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 (F&G Annuities & Life, Inc.), Credit Agreement (Fidelity National Financial, Inc.)
No Waiver; Remedies. No failure on the part of the Agent or any Lender, any LC Issuing Bank or the Administrative Agent Letter of Credit 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 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 (Om Group Inc), Credit Agreement (Om Group Inc)
No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing Bank or the Administrative 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 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: Letter of Credit and Reimbursement Agreement, Letter of Credit and Reimbursement Agreement (Commonwealth Edison Co)
No Waiver; Remedies. No failure on the part of any LenderBank, any LC Issuing Bank or the Administrative 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 such right 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 (Uil Holdings Corp), Credit Agreement (Uil Holdings Corp)
No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right 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.. FIFTH AMENDED AND RESTATED CREDIT AGREEMENT
Appears in 2 contracts
Samples: Credit Agreement (Marriott International Inc /Md/), Credit Agreement (Marriott International Inc /Md/)
No Waiver; Remedies. No failure on the part of any LenderBank, any LC Issuing Bank the Agent or the Administrative Working Capital 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 such right 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 (Alpharma Inc)
No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing Bank or the Administrative 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 such right preclude any other or further exercise thereof or the exercise NATIONAL STEEL CORPORATION CREDIT AGREEMENT of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawunder any Requirement of Law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing Bank or the Administrative Agent or any Bank 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 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
No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing Bank ------------------- or the Administrative Agent 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 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
No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing Bank or the Administrative Agent or any Issuing Lender to exercise, and no delay in exercising, any right or remedy hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other rightright or remedy. The rights and remedies herein provided in this Agreement and the other Credit Documents are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the Agent or any Lender, any LC Lender or Issuing Bank (other than any Third Party Issuer) or the Administrative Agent LC 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 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
No Waiver; Remedies. No In addition to, and not in limitation of, Sections 1.03 and 1.05, no failure on the part of any Lender, any LC the Issuing Bank or the Administrative any 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 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 (Pall Corp)
No Waiver; Remedies. 744221928 No failure on the part of any Lender, any LC Issuing Fronting Bank or the Administrative Agent 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 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 (Firstenergy Corp)
No Waiver; Remedies. No failure on the part of any LenderLender or Xxxxxxx Sachs, any LC Issuing Bank or the as Administrative Agent Agent, 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 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
No Waiver; Remedies. No failure on the part of any --------------------------------- Lender, any LC the Issuing Bank or the Administrative 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 such right 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 (Gap Inc)
No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing Bank New Money Lender or the Administrative New Money Lender Agent 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 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
No Waiver; Remedies. No failure on the part of Xxxxxxx Xxxxx, as Administrative Agent, or any Lender, any LC Issuing Bank or the Administrative Agent 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 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: Guarantee (Altria Group, Inc.)
No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing Bank Lender or the Administrative Agent 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 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 (Legg Mason Inc)
No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing Bank or the Administrative Agent 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 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 (Mirant Corp)
No Waiver; Remedies. β No failure on the part of any Lender, any LC Issuing Fronting Bank or the Administrative Agent 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 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
No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing Bank Administrative Agent, or the Administrative Agent Issuing 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 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
No Waiver; Remedies. No failure on the part of the Senior Lender or any Lender, any LC Issuing Bank or the Administrative Agent Junior 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 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: Intercreditor Agreement (KBS Real Estate Investment Trust, Inc.)
No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing Bank Issuer or the Administrative 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 such right preclude any other or further exercise thereof AMENDED AND RESTATED CREDIT AGREEMENT KNOLOGY, INC. 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 (Knology Inc)
No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing Bank or the either ------------------- Administrative Agent 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 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 (Wiser Oil Co)
No Waiver; Remedies. No failure on the part of any Lender, any LC the ------------------- Issuing Bank or the Administrative 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 such right 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 (Gap Inc)
No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing Fronting Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a 744224750 waiver thereof; nor shall any single or partial exercise of any such right 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 (Firstenergy Corp)
No Waiver; Remedies. No failure on the part of any LenderBank, the Managing Agents or any LC Issuing Bank or the Administrative Facility 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 such right 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 (Viacom Inc)
No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing Bank the Borrower or the Administrative Agent Collateral 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 such right preclude any other or further exercise thereof or the exercise of any other right operate as a waiver thereof or of any other right, power or remedy hereunder or under any related documents or instruments. The remedies herein provided are cumulative and are not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Eximbank Credit Agreement (Ormat Technologies, Inc.)
No Waiver; Remedies. No failure on the part of any Lender, Bank or any LC Issuing Bank or the Administrative 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 such right 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.. β
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing Bank or the Administrative Agent 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 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 (Mirant Corp)
No Waiver; Remedies. No failure on the part of any Lender, any LC Issuing Bank Issuer, the Administrative Agent or the Administrative Collateral 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 such right 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 (UTi WORLDWIDE INC)