No Waivers; Cumulative Remedies. No failure by the Administrative Agent or any Lender to exercise any right, remedy or option under this Agreement or any present or future supplement thereto, or in any other agreement between or among any Loan Party and the Administrative Agent and/or any Lender, or delay by the Administrative Agent or any Lender in exercising the same, will operate as a waiver thereof. No waiver by the Administrative Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by the Administrative Agent or the Lenders on any occasion shall affect or diminish the Administrative Agent's and each Lender's rights thereafter to require strict performance by the Loan Parties of any provision of this Agreement. The Administrative Agent and the Lenders may proceed directly to collect the Obligations when due without any prior recourse to the Collateral. The Administrative Agent's and each Lender's rights under this Agreement will be cumulative and not exclusive of any other right or remedy which the Administrative Agent or any Lender may have.
Appears in 5 contracts
Samples: Possession Credit Agreement (Foamex International Inc.), Possession Credit Agreement (Foamex L P), Credit Agreement (Foamex International Inc)
No Waivers; Cumulative Remedies. No failure by the Administrative Agent or any Lender to exercise any right, remedy remedy, or option under this Agreement or any present or future supplement thereto, or in any other agreement between or among any Loan Party the Borrowers and the Administrative Agent and/or any Lender, or delay by the Administrative Agent or any Lender in exercising the same, will operate as a waiver thereof. No waiver by the Administrative Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by the Administrative Agent or the Lenders on any occasion shall affect or diminish the Administrative Agent's and each Lender's rights thereafter to require strict performance by the Loan Parties Borrowers of any provision of this Agreement. The Administrative Agent and the Lenders may proceed directly to collect the Obligations when due without any prior recourse to the Collateral. The Administrative Agent's and each Lender's rights under this Agreement will be cumulative and not exclusive of any other right or remedy which the Administrative Agent or any Lender may have.
Appears in 2 contracts
Samples: Credit Agreement (Unifrax Investment Corp), Credit Agreement (Westpoint Stevens Inc)
No Waivers; Cumulative Remedies. No failure by the Administrative Agent or any Lender to exercise any right, remedy remedy, or option under this Agreement or any present or future supplement thereto, or in any other agreement between or among any Loan Party Borrower and the Administrative Agent and/or any Lender, or delay by the Administrative Agent or any Lender in exercising the same, will operate as a waiver thereof. No waiver by the Administrative Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by the Administrative Agent or the Lenders on any occasion shall affect or diminish the Administrative Agent's ’s and each Lender's ’s rights thereafter to require strict performance by the Loan Parties each Borrower of any provision of this Agreement. The Administrative Agent and the Lenders may proceed directly to collect the Obligations when due without any prior recourse to the Collateral. The Administrative Agent's ’s and each Lender's ’s rights under this Agreement will be cumulative and not exclusive of any other right or remedy which the Administrative Agent or any Lender may have.
Appears in 2 contracts
Samples: Credit Agreement (Kforce Inc), Credit Agreement (Kforce Inc)
No Waivers; Cumulative Remedies. No failure by the Administrative Agent or any Lender to exercise any right, remedy remedy, or option under this Agreement or any present or future supplement thereto, or in any other agreement between or among any Loan Party the Borrower and the Administrative Agent and/or any Lender, or delay by the Administrative Agent or any Lender in exercising the same, will operate as a waiver thereof. No waiver by the Administrative Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by the Administrative Agent or the Lenders on any occasion shall affect or diminish the Administrative Agent's and each Lender's rights thereafter to require strict performance by the Loan Parties Borrower of any provision of this Agreement. The Administrative Agent and the Lenders may proceed directly to collect the Obligations when due without any prior recourse to the Collateral. The Administrative Agent's and each Lender's rights under this Agreement will be cumulative and not exclusive of any other right or remedy which the Administrative Agent or any Lender may have.
Appears in 1 contract
Samples: Credit Agreement (Kforce Com Inc)
No Waivers; Cumulative Remedies. No failure by the Administrative Collateral Agent or any Lender to exercise any right, remedy remedy, or option under this Agreement or any present or future supplement thereto, or in any other agreement between or among any Loan Party Borrower and the Administrative Collateral Agent and/or any Lender, or delay by the Administrative Collateral Agent or any Lender in exercising the same, will operate as a waiver thereof. No waiver by the Administrative Collateral Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by the Administrative Collateral Agent or the Lenders on any occasion shall affect or diminish the Administrative Collateral Agent's ’s and each Lender's ’s rights thereafter to require strict performance by the Loan Parties Borrowers of any provision of this Agreement. The Administrative Collateral Agent and the Lenders may proceed directly to collect the Obligations when due without any prior recourse to the Collateral. The Administrative Collateral Agent's ’s and each Lender's ’s rights under this Agreement will be cumulative and not exclusive of any other right or remedy which the Administrative Collateral Agent or any Lender may have.
Appears in 1 contract
No Waivers; Cumulative Remedies. No failure by the Administrative Agent or any Lender to exercise any right, remedy remedy, or option under this Agreement or any present or future supplement thereto, or in any other agreement between or among any Loan Party the Borrowers and the Administrative Agent and/or any Lender, or delay by the Administrative Agent or any Lender in exercising the same, will operate as a waiver thereof. No waiver by the Administrative Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by the Administrative Agent or the Lenders on any occasion shall affect or diminish the Administrative Agent's and each Lender's rights thereafter to require strict performance by the Loan Parties Borrowers of any provision of this Agreement. The Administrative Agent and the Lenders may proceed directly to collect the Obligations when due without any prior recourse to the Collateral. The Administrative Agent's and each Lender's rights under this Agreement will be cumulative and not exclusive of any other right or remedy which the Administrative Agent or any Lender may have.
Appears in 1 contract
Samples: Security Agreement (Cone Mills Corp)
No Waivers; Cumulative Remedies. No failure by the Administrative Agent or any Lender to exercise any right, remedy remedy, or option under this Agreement or any present or future supplement theretohereto, or in any other agreement between or among any Loan Party Borrower and the Administrative Agent and/or any Lender, or delay by the Administrative Agent or any Lender in exercising the same, will operate as a waiver thereof. No Subject to Section 11.1, no waiver by the Administrative Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by the Administrative Agent or the Lenders on any occasion shall affect or diminish the Administrative Agent's and each Lender's rights thereafter to require strict performance by the Loan Obligated Parties of any provision of this Agreement. The Administrative Agent and the Lenders may proceed directly to collect the Obligations when due without any prior recourse to the Collateral. The Administrative Agent's and each Lender's rights under this Agreement will be cumulative and not exclusive of any other right or remedy which the Administrative Agent or any Lender may have.
Appears in 1 contract
Samples: Credit Agreement (Txi Cement Co)
No Waivers; Cumulative Remedies. No failure by the Administrative Agent or any Lender to exercise any right, remedy or option under this Agreement or any present or future supplement thereto, or in any other agreement between or among any Loan Party Borrower and the Administrative Agent and/or any Lender, or delay by the Administrative Agent or any Lender in exercising the same, will operate as a waiver thereof. No waiver by the Administrative Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by the Administrative Agent or the Lenders on any occasion shall affect or diminish the Administrative Agent's ’s and each Lender's ’s rights thereafter to require strict performance by the Loan Parties Borrowers of any provision of this Agreement. The Administrative Agent and the Lenders may proceed directly to collect the Obligations when due without any prior recourse to the Collateral. The Administrative Agent's ’s and each Lender's ’s rights under this Agreement will be cumulative and not exclusive of any other right or remedy which the Administrative Agent or any Lender may have.
Appears in 1 contract
No Waivers; Cumulative Remedies. No failure by the Administrative Agent or any Lender to exercise any right, remedy or option under this Agreement or any present or future supplement thereto, or in any other agreement between or among any Loan Party and the Administrative Agent and/or any Lender, or delay by the Administrative Agent or any Lender in exercising the same, will operate as a waiver thereof. No waiver by the Administrative Agent or any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by the Administrative Agent or the Lenders on any occasion shall affect or diminish the Administrative Agent's ’s and each Lender's ’s rights thereafter to require strict performance by the Loan Parties of any provision of this Agreement. The Administrative Agent and the Lenders may proceed directly to collect the Obligations when due without any prior recourse to the Collateral. The Administrative Agent's ’s and each Lender's ’s rights under this Agreement will be cumulative and not exclusive of any other right or remedy which the Administrative Agent or any Lender may have.
Appears in 1 contract
Samples: Revolving Credit Agreement (Foamex International Inc)