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 any 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 15, the Company will pay to the holder of each Note on demand such further amount as shall be sufficient to cover all reasonable and documented out- of-pocket costs and expenses of such holder incurred in any enforcement or collection under this Section 12, including reasonable and documented out-of-pocket attorneys’ fees, expenses and disbursement of one special counsel for, collectively, the holders of Notes.

Appears in 2 contracts

Samples: Note Purchase Agreement (Tiaa Real Estate Account), Note Purchase Agreement (Tiaa Real Estate Account)

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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 Agreement, the Subsidiary Guaranty or any other Financing Document Note upon any holder thereof of any Note 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 reasonable and documented out- of-pocket costs and expenses of such holder holders incurred in any enforcement or collection under this Section 12, including reasonable and documented out-of-pocket attorneys’ fees, costs and expenses and disbursement of one special outside counsel for, collectively, for all of the holders of the Notes, taken as a whole (and, if reasonably required by the Required Holders, one local counsel in each applicable jurisdiction for all such holders, taken as a whole) collectively incurred in connection with any such enforcement or collection.

Appears in 2 contracts

Samples: Note Purchase Agreement (Barings BDC, Inc.), Note Purchase Agreement (Barings BDC, 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 any other Financing Document the Amended and Restated Note Purchase 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 15[•] of the Amended and Restated Note Purchase Agreement, the Company Guarantor will pay to the holder of each Note on demand all amounts specified in Section [ ] of the Amended and Restated Note Purchase Agreement and such further amount as shall be sufficient to cover all reasonable and documented out- of-pocket costs and expenses of such holder incurred in any enforcement or collection under this Section 12Agreement, including including, without limitation, reasonable attorneys’, solicitors’ and documented out-of-pocket attorneysbarristers’ fees, expenses and disbursement of one special counsel for, collectively, the holders of Notesdisbursements.

Appears in 1 contract

Samples: Note Purchase Agreement (Spirent 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 Agreement, any Subsidiary Guaranty or any other Financing Document 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 reasonable and documented out- out-of-pocket costs and expenses of such one firm of outside counsel reasonably acceptable to each holder of the Notes for all of the holders of the Notes collectively incurred in any enforcement or collection under this Section 12, including reasonable and documented out-of-pocket attorneys’ fees, expenses and disbursement of one special counsel for, collectively, the holders of Notes.

Appears in 1 contract

Samples: Master Note Purchase Agreement (Trinity Capital 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 Agreement, any Subsidiary Guaranty or any other Financing Document 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 reasonable and documented out- out-of-pocket costs and expenses of such one firm of outside counsel reasonably acceptable to each holder North Haven Private Income Fund LLC Note Purchase Agreement of the Notes for all of the holders of the Notes collectively incurred in any enforcement or collection under this Section 12, including reasonable and documented out-of-pocket attorneys’ fees, expenses and disbursement of one special counsel for, collectively, the holders of Notes.

Appears in 1 contract

Samples: Master Note Purchase Agreement (North Haven Private Income Fund LLC)

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 Agreement, any Subsidiary Guaranty or any other Financing Document 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 reasonable and documented out- out-of-pocket costs and expenses of such holder one firm of outside counsel for all of the holders of the Notes collectively incurred in any enforcement or collection under this Section 12, including reasonable and documented out-of-pocket attorneys’ fees, expenses and disbursement of one special counsel for, collectively, the holders of Notes.

Appears in 1 contract

Samples: Master Note Purchase Agreement (BlackRock Private Credit Fund)

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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 Agreement, any Subsidiary Guaranty or any other Financing Document 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 reasonable and documented out- out-of-pocket costs and expenses of such one firm of outside counsel reasonably AG Twin Brook Capital Income Fund Master Note Purchase Agreement acceptable to each holder of the Notes for all of the holders of the Notes collectively incurred in any enforcement or collection under this Section 12, including reasonable and documented out-of-pocket attorneys’ fees, expenses and disbursement of one special counsel for, collectively, the holders of Notes.

Appears in 1 contract

Samples: Master Note Purchase Agreement (AG Twin Brook Capital Income Fund)

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 Agreement, any Subsidiary Guaranty or any other Financing Document Note upon any holder thereof of any Note 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 reasonable and documented out- of-pocket costs and expenses of such holder holders incurred in any enforcement or collection under this Section 12, including reasonable and documented out-of-pocket attorneys’ fees, costs and expenses and disbursement of one special outside counsel for, collectively, for all of the holders of the Notes, taken as a whole (and, if reasonably required by the Required Holders, one local counsel in each applicable jurisdiction for all such holders, taken as a whole) collectively incurred in connection with any such enforcement or collection.

Appears in 1 contract

Samples: Note Purchase Agreement (Barings Capital Investment 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 any other Financing Document the Amended and Restated Note Purchase 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 15[•] of the Amended and Restated Note Purchase Agreement, the Company Guarantor will pay to the holder of each Note on demand all amounts specified in Section [•] of the Amended and Restated Note Purchase Agreement and such further amount as shall be sufficient to cover all reasonable and documented out- of-pocket costs and expenses of such holder incurred in any enforcement or collection under this Section 12Agreement, including including, without limitation, reasonable attorneys’, solicitors’ and documented out-of-pocket attorneysbarristers’ fees, expenses and disbursement of one special counsel for, collectively, the holders of Notesdisbursements.

Appears in 1 contract

Samples: Note Purchase Agreement (Spirent PLC)

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