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 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. 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 11, including reasonable attorneys’ fees, expenses and disbursements.
Appears in 6 contracts
Samples: Mezzanine Note Agreement (Apartment Income REIT Corp.), Mezzanine Note Agreement (Apartment Income REIT Corp.), Mezzanine Note Agreement (Aimco OP L.P.)
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. 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 1112, including including, without limitation, reasonable attorneys’ fees, expenses and disbursements.
Appears in 5 contracts
Samples: ServisFirst Bancshares, Inc., ServisFirst Bancshares, Inc., Note Purchase Agreement (ServisFirst Bancshares, 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 the Purchaser in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holderthe Purchaser’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. The Company will pay to the holder of each the 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 1113, including including, without limitation, reasonable attorneys’ fees, expenses and disbursementsdisbursements actually incurred.
Appears in 3 contracts
Samples: Convertible Note Purchase Agreement (China Tel Group Inc), Convertible Note Purchase Agreement, Convertible Note Purchase Agreement (China Tel 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. 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 following the occurrence of a Default or an Event of Default in any enforcement or collection under this Section 11, including reasonable attorneys’ fees, expenses and disbursements.
Appears in 2 contracts
Samples: Note Agreement (Primerica, Inc.), Note Agreement (Primerica, 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 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. The Company will pay to the holder of each Note Purchaser on demand such further amount as shall be sufficient to cover all reasonable costs and expenses of such holder the Holders incurred in any enforcement or collection under this Section 1110, including including, without limitation, reasonable attorneys’ fees, expenses and disbursements.
Appears in 1 contract
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 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. 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 11Article V, including including, without limitation, reasonable attorneys’ attorneys fees, expenses and disbursements.
Appears in 1 contract
No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any the 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 the 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. The Company will pay to the holder of each any Note on demand such further amount as shall be sufficient to cover all costs and expenses of such the holder incurred in any enforcement or collection under this Section 1113, including including, without limitation, reasonable attorneys’ fees, expenses and disbursements.
Appears in 1 contract
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. 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 11Article 7, including including, without limitation, reasonable attorneys’ fees, expenses and disbursements.
Appears in 1 contract
Samples: Note Purchase and Security Agreement (Interactive Motorsports & Entertainment Corp)
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 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. The Company will pay to the holder of each Note Purchaser on demand such further amount as shall be sufficient to cover all reasonable costs and expenses of such holder the Holders incurred in any enforcement or collection under this Section 1110, including including, without limitation, reasonable attorneys’ ' fees, expenses and disbursements.
Appears in 1 contract
Samples: Securities Purchase Agreement (Plainfield Asset Management LLC)
No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any the holder of any the Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such the holder’s rights, powers or remedies. No right, power or remedy conferred by this Agreement or any by the 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. The Company will pay to the holder of each the 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 1112, including including, without limitation, reasonable attorneys’ fees, expenses and disbursements.
Appears in 1 contract
Samples: Note Purchase Agreement (Oscient Pharmaceuticals 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 the Lender 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 any by the Note upon any holder thereof the Lender 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. The Without limiting the obligations of the Company, the Company will pay to the holder of each Note Lender 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 11collection, including including, without limitation, reasonable attorneys’ fees, expenses and disbursements.
Appears in 1 contract
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 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. 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 118, including including, without limitation, reasonable attorneys’ ' fees, expenses and disbursements.
Appears in 1 contract
Samples: Note Purchase Agreement (Hauser 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. 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 1110, including including, without limitation, reasonable attorneys’ fees, expenses and disbursements.
Appears in 1 contract
Samples: Note Purchase Agreement (Bank of the James Financial Group Inc)