Common use of No Waiver; Rights Cumulative Clause in Contracts

No Waiver; Rights Cumulative. No course of dealing on the part of the Lender, its officers or employees, nor any failure or delay by the Lender with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Lender under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. Neither the making of any Loan nor the issuance of a Letter of Credit shall constitute a waiver of any of the covenants, warranties, or conditions of the Borrower contained herein. In the event the Borrower is unable to satisfy any such covenant, warranty, or condition, neither the making of any Loan nor the issuance of a Letter of Credit shall have the effect of precluding the Lender from thereafter declaring such inability to be an Event of Default as hereinabove provided.

No Waiver; Rights Cumulative. No course of dealing on the part of the Lender, Lender or its officers or employees, nor any failure or delay by the Lender with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Lender under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. Neither the making of any Loan nor the issuance of a any Letter of Credit shall constitute a waiver of any of the covenants, warranties, warranties or conditions of the Borrower contained herein. In the event the Borrower is unable to satisfy any such covenant, warranty, warranty or condition, neither the making of any Loan nor the issuance of a any Letter of Credit shall have the effect of precluding the Lender from thereafter declaring such inability to be an Event of Default as hereinabove provided.

No Waiver; Rights Cumulative. No course of dealing on the part of the Lender, its Agent or the Lenders or their officers or employees, nor any failure or delay by the Lender Agent or the Lenders with respect to exercising any of its their rights under any Loan Document shall operate as a waiver thereof. The rights of the Lender Agent and the Lenders under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. Neither the The making of any the Loan nor the issuance of a Letter of Credit shall not constitute a waiver of any of the covenants, warranties, warranties or conditions of any of the Borrower Borrowers contained herein. In the event any of the Borrower is unable to satisfy any such covenant, warranty, warranty or condition, neither the making of any the Loan nor the issuance of a Letter of Credit shall not have the effect of precluding the Lender Agent or the Lenders from thereafter declaring such inability to be an Event of Default as hereinabove provided.

No Waiver; Rights Cumulative. No course of dealing on the part ---------------------------- of the Agent or the Lender, its officers or employees, nor any failure or delay by the Agent or the Lender with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Agent or the Lender under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. Neither the making of any Loan nor the issuance of a Letter of Credit shall constitute a waiver of any of the covenants, warranties, or conditions of the Borrower contained herein. In the event the Borrower is unable to satisfy any such covenant, warranty, or condition, neither the making of any Loan nor the issuance of a Letter of Credit shall have the effect of precluding the Lender from thereafter declaring such inability to be an Event of Default as hereinabove provided.

No Waiver; Rights Cumulative. No course of dealing on the part of the LenderAgent or the Lenders, its their officers or employees, nor any failure or delay by the Lender Agent or the Lenders with respect to exercising any of its their rights under any Loan Document shall operate as a waiver thereof. The rights of the Agent and each Lender under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. Neither the The making of any Loan nor the issuance of a Letter of Credit shall not constitute a waiver of any of the covenants, warranties, or conditions of the Borrower contained herein. In the event the Borrower is unable to satisfy any such covenant, warranty, or condition, neither the making of any Loan nor the issuance of a Letter of Credit shall not have the effect of precluding the Agent and each Lender from thereafter declaring such inability to be an Event of Default as hereinabove provided.

No Waiver; Rights Cumulative. No course of dealing on the part of the Lender, its Agent or the Lenders or their officers or employees, nor any failure or delay by the Lender Agent or the Lenders with respect to exercising any of its their rights under any Loan Document shall operate as a waiver thereof. The rights of the Lender Agent and the Lenders under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. Neither the The making of any the Term Loan nor the issuance of a Letter of Credit shall not constitute a waiver of any of the covenants, warranties, warranties or conditions of the Borrower Borrowers contained herein. In the event any of the Borrower is Borrowers are unable to satisfy any such covenant, warranty, warranty or condition, neither the making of any the Term Loan nor the issuance of a Letter of Credit shall not have the effect of precluding the Lender Agent or the Lenders from thereafter declaring such inability to be an Event of Default as hereinabove provided.

No Waiver; Rights Cumulative. No course of dealing on the part of the LenderAgent, its the Lenders, their officers or employees, nor any failure or delay by the Agent or any Lender with respect to exercising any of its their rights under any Loan Document shall operate as a waiver thereof. The rights of the Agent and the Lender under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. Neither the The making of any Loan nor or the issuance of a any Letter of Credit shall not constitute a waiver of any of the covenants, warranties, or conditions of the Borrower contained herein. In the event the Borrower is unable to satisfy any such covenant, warranty, or condition, neither the making of any Loan nor or the issuance of a any Letter of Credit shall not have the effect of precluding the Lender from thereafter declaring such inability to be an Event of Default as hereinabove provided.

No Waiver; Rights Cumulative. No course of dealing on the part of the LenderAgent or the Lenders, its their officers or employees, nor any failure or delay by the Lender Agent or the Lenders with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Lender Agent or the Lenders under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. Neither the making of any Loan nor the issuance of a Letter of Credit shall constitute a waiver of any of the covenants, warranties, or conditions of the Borrower contained herein. In the event the Borrower is unable to satisfy any such covenant, warranty, or condition, neither the making of any Loan nor the issuance of a Letter of Credit shall have the effect of precluding the Lender Agent or the Lenders from thereafter declaring such inability to be an Event of Default as hereinabove provided.

No Waiver; Rights Cumulative. No course of dealing on the part of the LenderAdministrative Agent, its officers or employees, nor any failure or delay by the Lender Administrative Agent with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Lender Administrative Agent under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. Neither the making of any Loan nor the issuance of a Letter of Credit shall constitute a waiver of any of the covenants, warranties, or conditions of the Borrower contained herein. In the event the Borrower is unable to satisfy any such covenant, warranty, or condition, neither the making of any Loan nor the issuance of a Letter of Credit shall have the effect of precluding the Lender Administrative Agent from thereafter declaring such inability to be an Event of Default as hereinabove provided.

No Waiver; Rights Cumulative. No course of dealing on the part of the Lender, its officers or employees, nor any failure or delay by the Lender with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Lender under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. Neither the making of any Loan nor the issuance of a Letter of Credit shall constitute a waiver of any of the covenants, warranties, or conditions of the Borrower Borrowers contained herein. In the event the Borrower is Borrowers are unable to satisfy any such covenant, warranty, or condition, neither the making of any Loan nor the issuance of a Letter of Credit shall have the effect of precluding the Lender from thereafter declaring such inability to be an Event of Default as hereinabove provided.

No Waiver; Rights Cumulative. No course of dealing on the part of Lender or the officers or employees of the Lender, its officers or employees, nor any failure or delay by the Lender with respect to exercising any of its rights their rights, powers or privileges under this Agreement or any other Loan Document shall operate as a waiver thereof. The rights and remedies of the Lender under this Agreement and the other Loan Documents shall be cumulative cumulative, and the exercise or partial exercise of any such right or remedy shall not preclude the exercise of any other rightright or remedy. Neither the No making of any a Loan nor the issuance of a Letter of Credit shall constitute a waiver of any of the covenants, warranties, covenants or conditions warranties of the Borrower contained hereinherein or of any of the conditions to the obligation of the Lender to make other Loans. In the event the Borrower is unable to satisfy any such covenant, warranty, warranty or condition, neither the making of any no such Loan nor the issuance of a Letter of Credit shall have the effect of precluding the Lender from thereafter declaring such inability to be an Event of Default as hereinabove provided.

No Waiver; Rights Cumulative. No course of dealing on the part of the Agent or the Lender, its officers or employees, nor any failure or delay by the Agent or the Lender with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Agent or the Lender under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. Neither the making of any Loan nor the issuance of a Letter of Credit shall constitute a waiver of any of the covenants, warranties, or conditions of the Borrower contained herein. In the event the Borrower is unable to satisfy any such covenant, warranty, or condition, neither the making of any Loan nor the issuance of a Letter of Credit shall have the effect of precluding the Lender from thereafter declaring such inability to be an Event of Default as hereinabove provided.

No Waiver; Rights Cumulative. No course of dealing on the part of the Agent or a Lender, its officers or employees, nor any failure or delay by the Agent or a Lender with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Agent or a Lender under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. Neither the making of any Loan nor the issuance of a Letter of Credit shall constitute a waiver of any of the covenants, warranties, or conditions of the Borrower contained herein. In the event the Borrower is unable to satisfy any such covenant, warranty, or condition, neither the making of any Loan nor the issuance of a Letter of Credit shall have the effect of precluding the Lender from thereafter declaring such inability to be an Event of Default as hereinabove provided.

No Waiver; Rights Cumulative. No course of dealing on the part of the Lender, its officers or employees, nor any failure or delay by the Lender with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Lender under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. Neither the making of any Loan nor the issuance of a Letter of Credit shall constitute a waiver of any of the covenants, warranties, or conditions of the Borrower contained herein. In the event the Borrower is unable to satisfy any such covenant, warranty, or condition, neither the making of any Loan nor the issuance of a Letter of Credit shall have the effect of precluding the Lender from thereafter declaring such inability to be an Event of Default as hereinabove provided.”

No Waiver; Rights Cumulative. No course of dealing on the part of the Lender, its officers or employees, nor any failure or delay by the Lender with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Lender under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. Neither the The making of any Loan nor the issuance of a Letter of Credit shall not constitute a waiver of any of the covenants, warranties, or conditions of the Borrower and the Co-Borrowers contained herein. In the event the Borrower is and the Co-Borrowers are unable to satisfy any such covenant, warranty, or condition, neither the making of any Loan nor the issuance of a Letter of Credit shall not have the effect of precluding the Lender from thereafter declaring such inability to be an Event of Default as hereinabove provided.

No Waiver; Rights Cumulative. No course of dealing on the part of the Agent or a Lender, its officers or employees, nor any failure or delay by the Agent or a Lender with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Agent or a Lender under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. Neither the making of any Loan nor the issuance of a Letter of Credit shall constitute a waiver of any of the covenants, warranties, or conditions of the Borrower contained herein. In the event the Borrower is unable to satisfy any such covenant, warranty, or condition, neither the making of any Loan nor the issuance of a Letter of Credit shall have the effect of precluding the Lender Agent from thereafter declaring such inability to be an Event of Default as hereinabove provided.

No Waiver; Rights Cumulative. No course of dealing on the part of the Lender, its officers or employees, nor any failure or delay by the Lender with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Lender under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. Neither the making of any Loan nor the issuance of a Letter of Credit shall constitute a waiver of any of the covenants, warranties, or conditions of the Borrower and the Co-Borrowers contained herein. In the event the Borrower is and the Co-Borrowers are unable to satisfy any such covenant, warranty, or condition, neither the making of any Loan nor the issuance of a Letter of Credit shall have the effect of precluding the Lender from thereafter declaring such inability to be an Event of Default as hereinabove provided."

No Waiver; Rights Cumulative. No course of dealing on the part of the Lender, its officers or employees, nor any failure or delay by the Lender with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Lender under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. Neither the The making of any Loan nor the issuance of a Letter of Credit shall not constitute a waiver of any of the covenants, warranties, or conditions of the Borrower and the Co- Borrowers contained herein. In the event the Borrower is and the Co-Borrowers are unable to satisfy any such covenant, warranty, or condition, neither the making of any Loan nor the issuance of a Letter of Credit shall not have the effect of precluding the Lender from thereafter declaring such inability to be an Event of Default as hereinabove provided.

No Waiver; Rights Cumulative. No course of dealing on the part of the Lender, its officers or employees, nor any failure or delay by the Lender with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Lender under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. Neither the making of any Loan nor the issuance of a Letter of Credit shall constitute a waiver of any of the covenants, warranties, or conditions of the Borrower contained herein. In the event the Borrower or the Guarantor is unable to satisfy any such covenant, warranty, or condition, neither the making of any Loan nor the issuance of a Letter of Credit shall have the effect of precluding the Lender from thereafter declaring such inability to be an Event of Default as hereinabove provided.

No Waiver; Rights Cumulative. No course of dealing on the part of the LenderAgent or the Lenders, its their officers or employees, nor any failure or delay by the Lender Agent or the Lenders with respect to exercising any of its their rights under any Loan Document shall operate as a waiver thereof. The rights of the Agent and each Lender under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. Neither the The making of any Loan nor the issuance of a Letter of Credit shall not constitute a waiver of any of the covenants, warranties, or conditions of the Borrower and the Co-Borrowers contained herein. In the event the Borrower is and/or the Co-Borrowers are unable to satisfy any such covenant, warranty, or condition, neither the making of any Loan nor the issuance of a Letter of Credit shall not have the effect of precluding the Agent and each Lender from thereafter declaring such inability to be an Event of Default as hereinabove provided.

No Waiver; Rights Cumulative. No course of dealing on the part of the Lender, its officers or employees, nor any failure or delay by the Lender with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Lender under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. Neither the making of any Loan Advance nor the issuance of a any Letter of Credit shall constitute a waiver of any of the covenants, warranties, warranties or conditions of the Borrower Borrowers contained herein. In the event the Borrower is Borrowers are unable to satisfy any such covenant, warranty, warranty or condition, neither the making of any Loan Advance nor the issuance of a any Letter of Credit shall have the effect of precluding the Lender from thereafter declaring such inability to be an Event of Default as hereinabove provided.

No Waiver; Rights Cumulative. No course of dealing on the part of the Lender, its officers or employees, nor any failure or delay by the Lender with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Lender under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. Neither the making of any Loan nor the issuance of a Letter of Credit shall constitute a waiver of any of the covenants, warranties, or conditions of the Borrower Borrowers contained herein. In the event the any Borrower is unable to satisfy any such covenant, warranty, or condition, neither the making of any Loan nor the issuance of a Letter of Credit shall have the effect of precluding the Lender from thereafter declaring such inability to be an Event of Default as hereinabove provided.

No Waiver; Rights Cumulative. No course of dealing on the part of the LenderAgent, its the Lenders, their respective officers or employees, nor any failure or delay by the Agent or any Lender with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Lender Agent and the Lenders under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. Neither the The making of any Loan nor the issuance of a Letter of Credit shall not constitute a waiver of any of the covenants, warranties, or conditions of the Borrower Borrowers contained herein. In the event the Borrower is Borrowers are unable to satisfy any such covenant, warranty, or condition, neither the making of any Loan nor the issuance of a Letter of Credit shall not have the effect of precluding the Lender Agent or the Lenders from thereafter declaring such inability to be an Event of Default as hereinabove provided.

No Waiver; Rights Cumulative. No course of dealing on the part of the LenderAgent or the Lenders, its officers or employees, nor any failure or delay by the Lender Agent or the Lenders with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Lender Agent or the Lenders under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. Neither the making of any Loan nor the issuance of a Letter of Credit shall constitute a waiver of any of the covenants, warranties, or conditions of the Borrower contained herein. In the event the Borrower is unable to satisfy any such covenant, warranty, or condition, neither the making of any Loan nor the issuance of a Letter of Credit shall have the effect of precluding the Lender Lenders from thereafter declaring such inability to be an Event of Default as hereinabove provided.