Common use of No Waivers; Cumulative Remedies Clause in Contracts

No Waivers; Cumulative Remedies. No failure by any Appointed Agent or any Lender to exercise any right, remedy, or option under this Agreement or any present or future supplement hereto, or in any other Loan Documents, or delay by any Appointed Agent or any Lender in exercising the same, will operate as a waiver thereof. No waiver by any Appointed Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by any Appointed Agent or the Lenders on any occasion shall affect or diminish any Appointed Agent’s and each Lender’s rights thereafter to require strict performance by the Obligors of any provision of this Agreement and the other Loan Documents. Each Appointed Agent’s and each Lender’s rights under this Agreement and the other Loan Documents will be cumulative and not exclusive of any other right or remedy which the Appointed Agent or any Lender may have.

Appears in 24 contracts

Samples: Credit Agreement (ProPetro Holding Corp.), Credit Agreement (ProFrac Holding Corp.), Term Loan Credit Agreement (ProFrac Holding Corp.)

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No Waivers; Cumulative Remedies. No failure by any Appointed the Agent or any Lender to exercise any right, remedy, or option under this Agreement or any present or future supplement heretothereto, or in any other Loan Documentsagreement between or among the Borrower and the Agent and/or any Lender, or delay by any Appointed the Agent or any Lender in exercising the same, will operate as a waiver thereof. No waiver by any Appointed the Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by any Appointed the Agent or the Lenders on any occasion shall affect or diminish any Appointed the Agent’s and each Lender’s rights thereafter to require strict performance by the Obligors Borrower of any provision of this Agreement Agreement. The Agent and the other Loan DocumentsLenders may proceed directly to collect the Obligations without any prior recourse to the Collateral. Each Appointed The Agent’s and each Lender’s rights under this Agreement and the other Loan Documents will be cumulative and not exclusive of any other right or remedy which the Appointed Agent or any Lender may have.

Appears in 15 contracts

Samples: Loan Agreement (Nicholas Financial Inc), Loan Agreement (Nicholas Financial Inc), Loan Agreement (Nicholas Financial Inc)

No Waivers; Cumulative Remedies. No failure by any Appointed the Agent or any Lender to exercise any right, remedy, or option under this Agreement or any present or future supplement hereto, or in any other Loan Documentsagreement between or among the Obligors and the Agent and/or any Lender, or delay by any Appointed the Agent or any Lender in exercising the same, will operate as a waiver thereof. No waiver by any Appointed the Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by any Appointed the Agent or the Lenders on any occasion shall affect or diminish any Appointed the Agent’s and each Lender’s rights thereafter to require strict performance by the Obligors of any provision of this Agreement Agreement. The Agent and the other Loan DocumentsLenders may proceed directly to collect the Obligations without any prior recourse to the Collateral. Each Appointed The Agent’s and each Lender’s rights under this Agreement and the other Loan Documents will be cumulative and not exclusive of any other right or remedy which the Appointed Agent or any Lender may have.

Appears in 10 contracts

Samples: Credit Agreement (Herc Holdings Inc), Credit Agreement (Herc Holdings Inc), Credit Agreement (United Rentals North America Inc)

No Waivers; Cumulative Remedies. No failure by any Appointed Agent or any Lender to exercise any right, remedy, or option under this Agreement or any present or future supplement heretothereto, or in any other Loan Documentsagreement between or among Borrower and Agent and/or any Lender, or delay by any Appointed Agent or any Lender in exercising the same, will operate as a waiver thereof. No waiver by any Appointed Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by any Appointed Agent or the Lenders on any occasion shall affect or diminish any Appointed Agent’s and each Lender’s rights thereafter to require strict performance by the Obligors Borrower of any provision of this Agreement Agreement. Agent and the other Loan DocumentsLenders may proceed directly to collect the Obligations without any prior recourse to the Collateral. Each Appointed Agent’s and each Lender’s rights under this Agreement and the other Loan Documents will be cumulative and not exclusive of any other right or remedy which the Appointed Agent or any Lender may have.

Appears in 9 contracts

Samples: Loan and Security Agreement (Regional Management Corp.), Loan and Security Agreement (Regional Management Corp.), Loan and Security Agreement (Regional Management Corp.)

No Waivers; Cumulative Remedies. No failure by any Appointed the Agent or any Lender to exercise any right, remedy, or option under this Agreement or any present or future supplement heretothereto, or in any other Loan Documentsagreement between or among the Borrower Parties and the Agent and/or any Lender, or delay by any Appointed the Agent or any Lender in exercising the same, will operate as a waiver thereof. No waiver by any Appointed the Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by any Appointed the Agent or the Lenders on any occasion shall affect or diminish any Appointed the Agent’s 's and each Lender’s 's rights thereafter to require strict performance by the Obligors Borrower Parties of any provision of this Agreement Agreement. The Agent and the other Loan DocumentsLenders may proceed directly to collect the Obligations without any prior recourse to the Collateral. Each Appointed The Agent’s 's and each Lender’s 's rights under this Agreement and the other Loan Documents will be cumulative and not exclusive of any other right or remedy which the Appointed Agent or any Lender may have.

Appears in 6 contracts

Samples: Credit Agreement (Salton Inc), Credit Agreement (Salton Inc), Credit Agreement (Salton Inc)

No Waivers; Cumulative Remedies. No failure by any Appointed the Agent or any Lender to exercise any right, remedy, or option under this Agreement or any present or future supplement heretothereto, or in any other Loan Documentsagreement between or among the Borrower and the Agent and/or any Lender, or delay by any Appointed the Agent or any Lender in exercising the same, will operate as a waiver thereof. No waiver by any Appointed the Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by any Appointed the Agent or the Lenders on any occasion shall affect or diminish any Appointed the Agent’s 's and each Lender’s 's rights thereafter to require strict performance by the Obligors Borrower of any provision of this Agreement Agreement. The Agent and the other Loan DocumentsLenders may proceed directly to collect the Obligations without any prior recourse to the Collateral. Each Appointed The Agent’s 's and each Lender’s 's rights under this Agreement and the other Loan Documents will be cumulative and not exclusive of any other right or remedy which the Appointed Agent or any Lender may have.

Appears in 6 contracts

Samples: Loan and Security Agreement (Nicholas Financial Inc), Credit Agreement (Central Freight Lines Inc), Credit Agreement (Acg Holdings Inc)

No Waivers; Cumulative Remedies. No failure by any Appointed the Agent or any Lender to exercise any right, remedy, or option under this Agreement or any present or future supplement heretothereto, or in any other Loan Documentsagreement between or among the Borrowers and the Agent and/or any Lender, or delay by any Appointed the Agent or any Lender in exercising the same, will operate as a waiver thereof. No waiver by any Appointed the Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by any Appointed the Agent or the Lenders on any occasion shall affect or diminish any Appointed the Agent’s 's and each Lender’s 's rights thereafter to require strict performance by the Obligors Borrowers of any provision of this Agreement Agreement. The Agent and the other Loan DocumentsLenders may proceed directly to collect the Obligations without any prior recourse to the Collateral. Each Appointed The Agent’s 's and each Lender’s 's rights under this Agreement and the other Loan Documents will be cumulative and not exclusive of any other right or remedy which the Appointed Agent or any Lender may have.

Appears in 6 contracts

Samples: Loan Agreement (Unova Inc), Credit Agreement (Maxxam Inc), Credit Agreement (Unova Inc)

No Waivers; Cumulative Remedies. No failure by any Appointed the Agent or any Lender to exercise any right, remedy, or option under this Agreement or any present or future supplement heretothereto, or in any other Loan Documentsagreement between or among any Borrower and the Agent and/or any Lender, or delay by any Appointed the Agent or any Lender in exercising the same, will operate as a waiver thereof. No waiver by any Appointed the Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by any Appointed the Agent or the Lenders on any occasion shall affect or diminish any Appointed the Agent’s and each Lender’s rights thereafter to require strict performance by the Obligors Borrowers of any provision of this Agreement Agreement. The Agent and the other Loan DocumentsLenders may proceed directly to collect the Obligations without any prior recourse to the Collateral. Each Appointed The Agent’s and each Lender’s rights under this Agreement and the other Loan Documents will be cumulative and not exclusive of any other right or remedy which the Appointed Agent or any Lender may have.

Appears in 4 contracts

Samples: Credit Agreement (Westlake Chemical Corp), Credit Agreement (Westlake Chemical Corp), Credit Agreement (Westlake Chemical Corp)

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No Waivers; Cumulative Remedies. No failure by any Appointed the Agent or any Lender to exercise any right, remedy, or option under this Agreement or any present or future supplement heretothereto, or in any other Loan Documentsagreement between or among any Borrower and the Agent and/or any Lender, or delay by any Appointed the Agent or any Lender in exercising the same, will operate as a waiver thereof. No waiver by any Appointed the Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by any Appointed the Agent or the Lenders on any occasion shall affect or diminish any Appointed the Agent’s 's and each Lender’s 's rights thereafter to require strict performance by the Obligors any Borrower of any provision of this Agreement Agreement. The Agent and the other Loan DocumentsLenders may proceed directly to collect the Obligations without any prior recourse to the Collateral. Each Appointed The Agent’s 's and each Lender’s 's rights under this Agreement and the other Loan Documents will be cumulative and not exclusive of any other right or remedy which the Appointed Agent or any Lender may have.

Appears in 4 contracts

Samples: Credit Agreement (Levi Strauss & Co), Loan and Security Agreement (Worldtex Inc), Loan and Security Agreement (Eftc Corp/)

No Waivers; Cumulative Remedies. No failure by any Appointed the Agent or any Lender to exercise any right, remedy, or option under this Agreement or any present or future supplement heretothereto, or in any other Loan Documentsagreement between or among the Borrowers and the Agent and/or any Lender, or delay by any Appointed the Agent or any Lender in exercising the same, will operate as a waiver thereof. No waiver by any Appointed the Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by any Appointed the Agent or the Lenders on any occasion shall affect or diminish any Appointed the Agent’s and each Lender’s rights thereafter to require strict performance by the Obligors Borrowers of any provision of this Agreement Agreement. The Agent and the other Loan DocumentsLenders may proceed directly to collect the Obligations without any prior recourse to the Collateral. Each Appointed The Agent’s and each Lender’s rights under this Agreement and the other Loan Documents will be cumulative and not exclusive of any other right or remedy which the Appointed Agent or any Lender may have.

Appears in 3 contracts

Samples: Credit Agreement (Omnova Solutions Inc), Credit Agreement (Unifi Inc), Credit Agreement (Unifi Inc)

No Waivers; Cumulative Remedies. No failure by Agent, any Appointed Co-Collateral Agent or any Lender to exercise any right, remedy, or option under this Agreement or any present or future supplement hereto, or in any other Loan DocumentsDocument, or delay by Agent, any Appointed Co-Collateral Agent or any Lender in exercising the same, will operate as a waiver thereof. No waiver by Agent, any Appointed Co-Collateral Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by Agent, any Appointed Co-Collateral Agent or the Lenders any Lender on any occasion shall affect or diminish any Appointed Agent’s and each Lender’s rights thereafter to require strict performance by the Obligors Borrower of any provision of this Agreement and the other Loan DocumentsAgreement. Each Appointed Agent’s, each Co-Collateral Agent’s and each Lender’s rights under this Agreement and the other Loan Documents will be cumulative and not exclusive of any other right or remedy which the Appointed that Agent, any Co-Collateral Agent or any Lender may have.

Appears in 2 contracts

Samples: Credit Agreement (Federal Signal Corp /De/), Credit Agreement (Federal Signal Corp /De/)

No Waivers; Cumulative Remedies. No failure by any Appointed Agent or any Lender to exercise any right, remedy, or option under this Agreement or any present or future supplement hereto, or in any other Loan Documents, or delay by any Appointed Agent or any Lender in exercising the same, will operate as a waiver thereof. No waiver by any Appointed Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by any Appointed Agent or the Lenders on any occasion shall affect or diminish any Appointed Agent’s and each Lender’s rights thereafter to require strict performance by the Obligors of any provision of this Agreement and the other Loan Documents. Each Appointed Agent’s and each Lender’s rights under this 125 Agreement and the other Loan Documents will be cumulative and not exclusive of any other right or remedy which the Appointed Agent or any Lender may have.

Appears in 1 contract

Samples: Credit Agreement (ProPetro Holding Corp.)

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