Common use of No Waivers or Election of Remedies, Expenses, Etc Clause in Contracts

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any Note upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company under SECTION 15, the Company will pay to the holder of each Note on demand such further amount as shall be sufficient to cover all costs and expenses of such holder incurred in any enforcement or collection under this SECTION 12, including, without limitation, reasonable attorneys' fees, expenses and disbursements.

Appears in 4 contracts

Samples: Note Purchase Agreement (St Joe Co), Note Purchase Agreement (McGrath Rentcorp), Note Purchase Agreement (First Union Real Estate Equity & Mortgage Investments)

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No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any Note upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company under SECTION 1513.01, the Company will pay to the holder of each Note on demand such further amount as shall be sufficient to cover all reasonable costs and expenses of such holder incurred in any enforcement or collection under this SECTION 12ARTICLE XI, including, without limitation, reasonable attorneys' fees, expenses and disbursements, together with interest on such amounts at the Default Rate accruing from the date of demand.

Appears in 3 contracts

Samples: Note Purchase Agreement (Universal Seismic Associates Inc), Note Purchase Agreement (Universal Seismic Associates Inc), Note Purchase Agreement (Texoil Inc /Nv/)

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by Agreement, any Note or any other Financing Agreement upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company under SECTION Section 15, the Company will pay to the holder of each Note on demand such further amount as shall be sufficient to cover all costs and expenses of such holder incurred in any enforcement or collection under this SECTION Section 12, including, without limitation, reasonable attorneys' fees, expenses and disbursements.

Appears in 2 contracts

Samples: Note Purchase Agreement (Efunds Corp), Note Purchase Agreement (Talx Corp)

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any holder of any Note Holder in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holderHolder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any Note upon any holder Holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company under SECTION Section 15, the Company will pay to the holder of each Note Holder on demand such further amount as shall be sufficient to cover all costs and expenses of such holder Holder incurred in any enforcement or collection under this SECTION Section 12, including, without limitation, reasonable attorneys' fees, expenses and disbursements.

Appears in 2 contracts

Samples: Note Purchase and Guarantee Agreement (Resortquest International Inc), Note Purchase Agreement (Schulman a Inc)

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any holder of any Amended Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's ’s rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any Amended Note upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company under SECTION 15regarding transaction expenses, the Company will pay to the holder of each Amended Note on demand such further amount as shall be sufficient to cover all costs and expenses of such holder incurred in any enforcement or collection under this SECTION 12ARTICLE IX, including, without limitation, the reasonable attorneys' fees, expenses and disbursementsdisbursements of the holders.

Appears in 2 contracts

Samples: Securities Amendment and Purchase Agreement (HC Innovations, Inc.), Securities Amendment and Purchase Agreement (HC Innovations, Inc.)

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any holder Holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any Note upon any holder Holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company under SECTION Section 15, the Company will pay to the holder of each Note on demand such further amount as shall be sufficient to cover all costs and expenses of such holder incurred in any enforcement or collection under this SECTION Section 12, including, without limitation, reasonable attorneys' fees, expenses and disbursements.

Appears in 2 contracts

Samples: Note Purchase Agreement (Chalone Wine Group LTD), Note Purchase Agreement (Chalone Wine Group LTD)

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any holder of any Amended Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's ’s rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any Amended Note upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company under SECTION 15regarding transaction expenses, the Company will pay to the holder of each Amended Note on demand such further amount as shall be sufficient to cover all costs and expenses of such holder incurred in any enforcement or collection under this SECTION 12ARTICLE IX, including, without limitation, the reasonable attorneys' fees, expenses and disbursementsdisbursements of the holders.

Appears in 1 contract

Samples: Securities Amendment and Purchase Agreement (HC Innovations, Inc.)

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any Note upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company under SECTION 1514.01, the Company will pay to the holder of each Note on demand such further amount as shall be sufficient to cover all reasonable costs and expenses of such holder incurred in any enforcement or collection under this SECTION 12ARTICLE XI, including, without limitation, reasonable attorneys' fees, expenses and disbursements, together with interest on such amounts at the Default Rate accruing from the date of demand.

Appears in 1 contract

Samples: Note Purchase Agreement (Texoil Inc /Nv/)

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any Note upon any holder thereof or by any other Transaction Document to which the Company is a party shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company under SECTION Section 15, the Company will pay to the holder of each Note on demand such further amount as shall be sufficient to cover all costs and expenses of such holder incurred in any enforcement or collection under this SECTION Section 12, including, without limitation, reasonable attorneys' fees, expenses and disbursements.

Appears in 1 contract

Samples: Note Purchase Agreement (Energy Network Inc)

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any Note upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company under SECTION 15this Agreement, the Notes or any of the other Transaction Documents, the Company will pay to the holder holders of each Note the Notes on demand such further amount as shall be sufficient to cover all costs and expenses of such holder holders incurred in any enforcement or collection under this SECTION 12Section 10, including, including without limitation, the reasonable attorneys' attorney's fees, expenses and disbursementsdisbursements of one counsel representing such holders.

Appears in 1 contract

Samples: Securities Purchase Agreement (Gumtech International Inc \Ut\)

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any other Note Document upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of each of the Company and the other Obligors under SECTION 15Section 14, the Company will pay to the holder of each Note on demand such further amount as shall be sufficient to cover all costs and expenses of such holder incurred in any enforcement or collection under this SECTION 12Section 11, including, without limitation, reasonable attorneys' fees, expenses and disbursements.

Appears in 1 contract

Samples: Senior Secured Notes Agreement (Cai Wireless Systems Inc)

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any Note upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company Obligors under SECTION 15, the Company Obligors will pay to the holder of each Note on demand such further amount as shall be sufficient to cover all costs and expenses of such holder incurred in any enforcement or collection under this SECTION 12, including, without limitation, reasonable attorneys' fees, expenses and disbursements.

Appears in 1 contract

Samples: Note Purchase Agreement (Hub Group Inc)

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any Note upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company Issuers under SECTION Section 15, the Company Issuers will pay to the holder of each Note on demand such further amount as shall be sufficient to cover all costs and expenses of such holder incurred in any enforcement or collection under this SECTION Section 12, including, without limitation, reasonable attorneys' fees, expenses and disbursements.

Appears in 1 contract

Samples: Note Purchase Agreement (Crawford & Co)

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any Note upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company Obligors under SECTION 15Section 16, the Company Obligors will pay to the holder of each Note on demand such further amount as shall be sufficient to cover all costs and expenses of such holder incurred in any enforcement or collection under this SECTION Section 12, including, without limitation, reasonable attorneys' fees, expenses and disbursements.

Appears in 1 contract

Samples: Note and Guarantee Agreement (Midas Inc)

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any Note upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company under SECTION 15Section 17, the Company will pay to the holder of each Note on demand such further amount as shall be sufficient to cover all costs and expenses of such holder incurred in any enforcement or collection under this SECTION 12Section 10, including, without limitation, reasonable attorneys' fees, expenses and disbursements.

Appears in 1 contract

Samples: Note Purchase Agreement (ZBB Energy Corp)

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holderHolder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any Note upon any holder Holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company Companies under SECTION 15Section 16, the Company Companies will pay to the holder of each Note on demand such further amount as shall be sufficient to cover all costs and expenses of such holder incurred in any enforcement or collection under this SECTION 12Section 13, including, without limitation, reasonable attorneys' fees, expenses and disbursements.

Appears in 1 contract

Samples: Note Purchase Agreement (Rio Grande Inc /De/)

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any holder of any Series 2003-A Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any Series 2003-A Note upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company under SECTION Section 15, the Company will pay to the holder of each Series 2003-A Note on demand such further amount as shall be sufficient to cover all costs and expenses of such holder incurred in any enforcement or collection under this SECTION Section 12, including, without limitation, including reasonable attorneys' fees, expenses and disbursements.

Appears in 1 contract

Samples: Master Note Purchase Agreement (Kirby Corp)

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any Note other Financing Document upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company under SECTION Section 15, the Company will pay to the holder of each Note on demand such further amount as shall be sufficient to cover all costs and expenses of such holder incurred in any enforcement or collection under this SECTION Section 12, including, without limitation, reasonable attorneys' fees, expenses and disbursements.

Appears in 1 contract

Samples: Note Purchase Agreement (Ogara Co /Oh/)

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any Note upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company under SECTION Section 15, the Company will pay to the holder of each Note on demand such further amount as shall be sufficient to cover all costs and expenses of such holder incurred in any enforcement or collection under this SECTION 12Section 11, including, without limitation, reasonable attorneys' fees, expenses and disbursements.

Appears in 1 contract

Samples: Note Agreement (Guilford Mills Inc)

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any Note upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company Obligors under SECTION 15Section 16, the Company will pay to the holder of each Note on demand such further amount as shall be sufficient to cover all costs and expenses of such holder incurred in any enforcement or collection under this SECTION Section 12, including, including without limitation, limitation reasonable attorneys' fees, expenses and disbursements.

Appears in 1 contract

Samples: Senior Note Purchase Agreement (Budget Group Inc)

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any other Note Document upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of each of the Company under SECTION 15Section 14, the Company will pay to the holder of each Note on demand such further amount as shall be sufficient to cover all costs and expenses of such holder incurred in any enforcement or collection under this SECTION 12Section 11, including, without limitation, reasonable attorneys' fees, expenses and disbursements.

Appears in 1 contract

Samples: Note Purchase Agreement (Usn Communications Inc)

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No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any Note upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company under SECTION Section 15, the Company will pay to the holder of each Note on demand such further amount as shall be sufficient to cover all costs and expenses of such holder incurred in any enforcement or collection under this SECTION Section 12, including, including 41 37 without limitation, limitation reasonable attorneys' fees, expenses and disbursements.

Appears in 1 contract

Samples: Note Purchase Agreement (Lone Star Industries Inc)

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any Note upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company under SECTION 1513.01, the Company will pay to the holder of each Note on demand such further amount as shall be sufficient to cover all costs and expenses of such holder incurred in any enforcement or collection under this SECTION 12ARTICLE XI, including, without limitation, reasonable attorneys' fees, expenses and disbursements.

Appears in 1 contract

Samples: Subordinated Note Purchase Agreement (GMX Resources Inc)

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any Note upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company under SECTION Section 15, the Company will pay to the holder of each Note on demand such further amount as shall be sufficient to cover all reasonable costs and expenses of such holder incurred in any enforcement or collection under this SECTION Section 12, including, including without limitation, limitation reasonable attorneys' fees, expenses and disbursements.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Denali Inc)

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any holder of any Subordinated Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any Subordinated Note upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company under SECTION Section 15, the Company will pay to the holder of each Subordinated Note on demand such further amount as shall be sufficient to cover all costs and expenses of such holder incurred in any enforcement or collection under this SECTION Section 12, including, without limitation, reasonable attorneys' fees, expenses and disbursements.

Appears in 1 contract

Samples: Subordinated Loan Agreement (Valhi Inc /De/)

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's ’s rights, powers or remedies. No right, power or remedy conferred by this Agreement Agreement, by any Note or by any Note Security Document upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without STERIS CORPORATION NOTE PURCHASE AGREEMENT limiting the obligations of the Company under SECTION Section 15, the Company will pay to the holder of each Note on demand such further amount as shall be sufficient to cover all costs and expenses of such holder incurred in any enforcement or collection under this SECTION Section 12, including, without limitation, reasonable attorneys' fees, expenses and disbursements.

Appears in 1 contract

Samples: Note Purchase Agreement (Steris Corp)

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any Note upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company and the Co-Obligors under SECTION Section 15, the Company and the Co-Obligors will pay to the holder of each Note on demand such further amount as shall be sufficient to cover all costs and expenses of such holder incurred in any enforcement or collection under this SECTION Section 12, including, without limitation, reasonable attorneys' fees, expenses and disbursements.

Appears in 1 contract

Samples: Note Purchase Agreement (Chicago Bridge & Iron Co N V)

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any other Note Document upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company under SECTION 15Section 14, the Company will pay to the holder of each Note on demand such further amount as shall be sufficient to cover all costs and expenses of such holder incurred in any enforcement or collection under this SECTION 12Section 11, including, without limitation, reasonable attorneys' fees, expenses and disbursements.

Appears in 1 contract

Samples: Discretionary Note Purchase Agreement (Wireless One Inc)

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any Note other Financing Document upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company under SECTION 15Section 13, the Company will pay to the holder of each Note on demand such further amount as shall be sufficient to cover all costs and expenses of such holder incurred in any enforcement or collection under this SECTION 12Section 10, including, without limitation, reasonable attorneysAttorneys' feesFees, expenses and disbursements.

Appears in 1 contract

Samples: Note Purchase Agreement (Kroll O Gara Co)

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's ’s rights, powers or remedies. No right, power or remedy conferred by this Agreement Agreement, by any Note or by any Note Security Document upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company under SECTION Section 15, the Company will pay to the holder of each Note on demand such further amount as shall be sufficient to cover all costs and expenses of such holder incurred in any enforcement or collection under this SECTION Section 12, including, without limitation, reasonable attorneys' fees, expenses and disbursements.. STERIS CORPORATION NOTE PURCHASE AGREEMENT

Appears in 1 contract

Samples: Note Purchase Agreement (STERIS PLC)

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any Note upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company under SECTION Section 15, the Company will pay to the holder of each Note on demand such further amount as shall be sufficient to cover all costs and expenses of such holder incurred in any enforcement or collection under this SECTION Section 12, including, without limitation, reasonable attorneys' attorneys fees, expenses and disbursements.

Appears in 1 contract

Samples: Note Purchase Agreement (Northwest Pipe Co)

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any Note Financing Document upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company under SECTION 15Section 14, the Company will pay to the holder of each Note on demand such further amount as shall be sufficient to cover all costs and expenses of such holder incurred in any enforcement or collection under this SECTION 12Section 10, including, without limitation, reasonable attorneys' fees, expenses and disbursements.

Appears in 1 contract

Samples: Note and Stock Purchase Agreement (Niagara Corp)

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any holder of any Note Debenture in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any Note Debenture upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company under SECTION 15Section 17, the Company will pay to the holder of each Note Debenture on demand such further amount as shall be sufficient to cover all costs and expenses of such holder incurred in any enforcement or collection proceeding under this SECTION 12Section 14, including, without limitation, reasonable attorneys' fees, expenses and disbursements.

Appears in 1 contract

Samples: Purchase Agreement (United Road Services Inc)

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any holder of any Note Debenture in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any Note Debenture upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company under SECTION 15Section 18, the Company will pay to the holder of each Note Debenture on demand such further amount as shall be sufficient to cover all costs and expenses of such holder incurred in any enforcement or collection under this SECTION 12Section 15, including, without limitation, reasonable attorneys' fees, expenses and disbursements.

Appears in 1 contract

Samples: Purchase Agreement (Benesse Corp)

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