Common use of No Waivers; Cumulative Remedies Clause in Contracts

No Waivers; Cumulative Remedies. No failure by Agent or any Lender to ------------------------------- exercise any right, remedy, or option under this Agreement, any other Loan Document, or any present or future supplement hereto or thereto, or in any other agreement between or among Borrower and Agent or any Lender, or delay by Agent or any Lender in exercising the same, will operate as a waiver thereof. No waiver by Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by Agent or the Lenders on any occasion shall affect or diminish Agent's and each Lender's rights thereafter to require strict performance by Borrower of any provision of this Agreement. 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 Agent or any Lender may have.

Appears in 2 contracts

Samples: Loan and Security Agreement (System Software Associates Inc), Loan and Security Agreement (System Software Associates Inc)

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No Waivers; Cumulative Remedies. No failure by the Agent or any Lender to ------------------------------- exercise any right, remedy, or option under this Agreement, Agreement or any other Loan Document, Document or any present or future supplement hereto or thereto, or in any other agreement between or among the Borrower and/or Parent or any of its other Subsidiaries and the Agent or and/or any Lender, or delay by the Agent or any Lender in exercising the same, will operate as a waiver thereof. No waiver by the Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by the Agent or the Lenders on any occasion shall affect or diminish the Agent's and each Lender's rights thereafter to require strict performance by the Borrower and Parent of any provision of this Agreement. 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 Agent or any Lender may have.

Appears in 2 contracts

Samples: Loan and Security Agreement (Sweetheart Holdings Inc \De\), Loan and Security Agreement (Sweetheart Holdings Inc \De\)

No Waivers; Cumulative Remedies. No failure by Agent or any Lender to ------------------------------- exercise any right, remedy, or option under this Agreement, Agreement or any other Loan Document, Document or any present or future supplement hereto or thereto, or in any other agreement between or among Borrower and Agent or and/or any Lender, or delay by Agent or any Lender in exercising the same, will operate as a waiver thereof. No waiver by Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by Agent or the any Lenders on any occasion shall affect or diminish Agent's and each Lender's rights thereafter to require strict performance by Borrower of any provision of this Agreement. 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 Agent or any Lender may havehave under any Loan Document, under any other agreement or under applicable law.

Appears in 2 contracts

Samples: Loan and Security Agreement (Pac-West Telecomm Inc), Loan and Security Agreement (Pac-West Telecomm Inc)

No Waivers; Cumulative Remedies. No failure by the Agent or any Lender to ------------------------------- exercise any right, remedy, or option under this Agreement, any other Loan Document, Agreement or any present or future supplement hereto or theretohereto, or in any other agreement between or among any Borrower and the Agent or and/or any Lender, or delay by the Agent or any Lender in exercising the same, will operate as a waiver thereof. No Subject to Section 11.1, no waiver by the Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by the Agent or the Lenders on any occasion shall affect or diminish the Agent's and each Lender's rights thereafter to require strict performance by Borrower the Obligated Parties of any provision of this Agreement. The Agent and the Lenders may proceed directly to collect the Obligations without any prior recourse to the Collateral. 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 Agent or any Lender may have.

Appears in 2 contracts

Samples: Credit Agreement (Daisytek International Corporation /De/), Credit Agreement (Imperial Sugar Co /New/)

No Waivers; Cumulative Remedies. No failure by the Agent or any Lender to ------------------------------- exercise any right, remedy, or option under this Agreement, any other Loan Document, Agreement or any present or future supplement hereto or theretohereto, or in any other agreement between or among any Borrower and the Agent or and/or any Lender, or delay by the Agent or any Lender in exercising the same, will operate as a waiver thereof. No Subject to Section 11.1, no waiver by the Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by the Agent or the Lenders on any occasion shall affect or diminish the Agent's ’s and each Lender's ’s rights thereafter to require strict performance by Borrower the Borrowers of any provision of this Agreement. The Agent and the Lenders may proceed directly to collect the Obligations without any prior recourse to the Collateral. 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 Agent or any Lender may have.

Appears in 1 contract

Samples: Credit Agreement (Encore Medical Corp)

No Waivers; Cumulative Remedies. No failure by the Agent or any Lender to ------------------------------- exercise any right, remedy, or option under this Agreement, any other Loan Document, Agreement or any present or future supplement hereto or theretohereto, or in any other agreement between or among Borrower any Obligated Party and the Agent or and/or any Lender, or delay by the Agent or any Lender in exercising the same, will operate as a waiver thereof. No Subject to Section 11.1, no waiver by the Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by the Agent or the Lenders on any occasion shall affect or diminish the Agent's and each Lender's rights thereafter to require strict performance by Borrower the Loan Parties of any provision of this Agreement. The Agent and the Lenders may proceed directly to collect the Obligations without any prior recourse to the Collateral. 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 Agent or any Lender may have.

Appears in 1 contract

Samples: Credit Agreement (Egl Inc)

No Waivers; Cumulative Remedies. No failure by the Agent or any Lender to ------------------------------- exercise any right, remedy, or option under this Agreement, any other Loan Document, Agreement or any present or future supplement hereto or thereto, or in any other Loan Document or any other agreement between or among any Borrower and the Agent or and/or any Lender, or delay by the Agent or any Lender in exercising the same, will operate as a waiver thereof. No waiver by the Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by the Agent or the Lenders on any occasion shall affect or diminish the Agent's and each Lender's rights thereafter to require strict performance by any Borrower of any provision of this Agreement. 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 Agent or any Lender may have.

Appears in 1 contract

Samples: Loan and Security Agreement (Phar Mor Inc)

No Waivers; Cumulative Remedies. No failure by the Agent or any Lender to ------------------------------- exercise any right, remedy, or option under this Agreement, any other Loan Document, Agreement or any present or future supplement hereto or theretohereto, or in any other agreement between or among any Borrower and the Agent or and/or any Lender, or delay by the Agent or any Lender in exercising the same, will operate as a waiver thereof. No Subject to Section 11.1, no waiver by the Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by the Agent or the Lenders on any occasion shall affect or diminish the Agent's ’s and each Lender's ’s rights thereafter to require strict performance by Borrower the Obligated Parties of any provision of this Agreement. The Agent and the Lenders may proceed directly to collect the Obligations without any prior recourse to the Collateral. 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 Agent or any Lender may have.

Appears in 1 contract

Samples: Credit Agreement (Imperial Sugar Co /New/)

No Waivers; Cumulative Remedies. No failure by the Agent or any Lender to ------------------------------- exercise any right, remedy, or option under this Agreement, any other Loan Document, Agreement or any present or future supplement hereto or theretohereto, or in any other agreement between or among the Borrower and the Agent or and/or any Lender, or delay by the Agent or any Lender in exercising the same, will operate as a waiver thereof. No Subject to Section 11.1, no waiver by the Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by the Agent or the Lenders on any occasion shall affect or diminish the Agent's and each Lender's rights thereafter to require strict performance by Borrower the Obligated Parties of any provision of this Agreement. The Agent and the Lenders may proceed directly to collect the Obligations without any prior recourse to the Collateral. 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 Agent or any Lender may have.

Appears in 1 contract

Samples: Credit Agreement (Texas Petrochemical Holdings Inc)

No Waivers; Cumulative Remedies. No failure by the Agent or any --------------------------------- Lender to ------------------------------- exercise any right, remedy, or option under this Agreement, any other Loan Document, Agreement or any present or future supplement hereto or thereto, or in any other agreement between or among Borrower the Borrowers and the Agent or and/or any Lender, or delay by the Agent or any Lender in exercising the same, will operate as a waiver thereof. No waiver by the Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by the Agent or the Lenders on any occasion shall affect or diminish the Agent's and each Lender's rights thereafter to require strict performance by Borrower the Borrowers of any provision of this Agreement. The Agent and the Lenders may proceed directly to collect the Obligations without any prior recourse to the Collateral. 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 Agent or any Lender may have.

Appears in 1 contract

Samples: Loan and Security Agreement (Envirosource Inc)

No Waivers; Cumulative Remedies. No failure by the Agent or any Lender to ------------------------------- exercise any right, remedy, or option under this Agreement, any other Loan Document, Agreement or any present or future supplement hereto or theretohereto, or in any other agreement between or among any Borrower and the Agent or and/or any Lender, or delay by the Agent or any Lender in exercising the same, will operate as a waiver thereof. No Subject to Section 13.2(a), no waiver by the Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by the Agent or the Lenders on any occasion shall affect or diminish the Agent's and each Lender's rights thereafter to require strict performance by Borrower the Borrowers of any provision of this Agreement. 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 Agent or any Lender may have.

Appears in 1 contract

Samples: Loan and Security Agreement (Metals Usa Inc)

No Waivers; Cumulative Remedies. No failure by Agent or any ------------------------------- Lender to ------------------------------- exercise any right, remedy, or option under this Agreement, any other Loan Document, or any present or future supplement hereto or thereto, or in any other agreement between or among Borrower and Agent or any Lender, or delay by Agent or any Lender in exercising the same, will operate as a waiver thereof. No waiver by Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by Agent or the Lenders on any occasion shall affect or diminish Agent's and each Lender's rights thereafter to require strict performance by Borrower of any provision of this Agreement. 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 Agent or any Lender may have.

Appears in 1 contract

Samples: Loan Agreement (CTC Communications Corp)

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No Waivers; Cumulative Remedies. No failure by an Agent or any Lender to ------------------------------- exercise any right, remedy, or option under this Agreement, any other Loan Document, Agreement or any present or future supplement hereto or theretohereto, or in any other agreement between or among Borrower any Loan Party and an Agent or and/or any Lender, or delay by an Agent or any Lender in exercising the same, will operate as a waiver thereof. No Subject to Section 14.2, no waiver by an Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by an Agent or the Lenders on any occasion shall affect or diminish each Agent's ’s and each Lender's ’s rights thereafter to require strict performance by Borrower the Loan Parties of any provision of this Agreement. Each 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 an Agent or any Lender may have.

Appears in 1 contract

Samples: Loan and Security Agreement (EveryWare Global, Inc.)

No Waivers; Cumulative Remedies. No failure by the Agent or any Lender to ------------------------------- exercise any right, remedy, or option under this Agreement, Agreement or any other Loan Document, Document or any present or future supplement hereto or thereto, or in any other agreement between or among the Borrower and/or Parent or any of its other Subsidiaries and the Agent or and/or any Lender, or delay by the Agent or any Lender in exercising the same, will not operate as a waiver thereof. No waiver by the Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by the Agent or the Lenders on any occasion shall affect or diminish the Agent's and each Lender's rights thereafter to require strict performance by the Borrower and Parent of any provision of this Agreement. 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 Agent or any Lender may have.

Appears in 1 contract

Samples: Loan and Security Agreement (Sweetheart Holdings Inc \De\)

No Waivers; Cumulative Remedies. No failure by the Agent or ------------------------------- any Lender to ------------------------------- exercise any right, remedy, or option under this Agreement, any other Loan Document, Agreement or any present or future supplement hereto or theretohereto, or in any other agreement between or among any Borrower and the Agent or and/or any Lender, or delay by the Agent or any Lender in exercising the same, will operate as a waiver thereof. No Subject to Section 11.1, no waiver by the Agent or any Lender will be effective unless it ------------ is in writing, and then only to the extent specifically stated. No waiver by the Agent or the Lenders on any occasion shall affect or diminish the Agent's and each Lender's rights thereafter to require strict performance by Borrower the Borrowers of any provision of this Agreement. The Agent and the Lenders may proceed directly to collect the Obligations without any prior recourse to the Collateral. 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 Agent or any Lender may have.

Appears in 1 contract

Samples: Credit Agreement (Encore Medical Corp)

No Waivers; Cumulative Remedies. No failure by the Agent or any Lender to ------------------------------- exercise any right, remedy, or option under this Agreement, any other Loan Document, Agreement or any present or future supplement hereto or theretohereto, or in any other agreement between or among Borrower any Loan Party and the Agent or and/or any Lender, or delay by the Agent or any Lender in exercising the same, will operate as a waiver thereof. No Subject to Section 11.1, no waiver by the Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by the Agent or the Lenders on any occasion shall affect or diminish the Agent's and each Lender's rights thereafter to require strict performance by Borrower the Loan Parties of any provision of this Agreement. The Agent and the Lenders may proceed directly to collect the Obligations without any prior recourse to the Collateral. 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 Agent or any Lender may have.

Appears in 1 contract

Samples: Credit Agreement (Brown Shoe Co Inc/)

No Waivers; Cumulative Remedies. No failure by any Agent or any Lender to ------------------------------- exercise any right, remedy, or option under this Agreement, any other Loan Document, or any present or future supplement hereto or thereto, or in any other agreement between or among Borrower and any Agent or and/or any Lender, or delay by any Agent or any Lender in exercising the same, will operate as a waiver thereof. No waiver by any Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by any Agent or the Lenders on any occasion shall affect or diminish each Agent's and each Lender's rights thereafter to require strict performance by Borrower any Company of any provision of this Agreement. Each 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 any Agent or any Lender may have.

Appears in 1 contract

Samples: Loan and Security Agreement (Icf Kaiser International Inc)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Agribiotech Inc)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Petsec Energy Inc)

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