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

No Waivers or Election of Remedies; Expenses. No course of dealing and no delay on the part of the holder of the Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's rights, powers or remedies. The Company shall pay the principal and interest of the Note without any deduction for any setoff or counterclaim. No right, power or remedy conferred by the Purchase Agreement or by the Note upon 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 the 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 Article 5, including, without limitation, reasonable attorneys' fees, expenses and disbursements.

Appears in 7 contracts

Samples: Convertible Promissory Note (Quantum Fuel Systems Technologies Worldwide Inc), Convertible Promissory Note (Quantum Fuel Systems Technologies Worldwide Inc), Convertible Promissory Note (Quantum Fuel Systems Technologies Worldwide Inc)

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No Waivers or Election of Remedies; Expenses. No course of dealing and no delay on the part of the holder of the 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. The Company shall pay the principal amount (including any accrued and interest unpaid interest) of the Note without any deduction for any setoff or counterclaim. No right, power or remedy conferred by the Purchase Agreement or by the Note any Bond Document upon the holder thereof of this 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. The Company will pay to the holder of the 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 Article 5IV, including, without limitation, reasonable attorneys' fees, expenses and disbursements.

Appears in 2 contracts

Samples: Senior Secured Convertible Note Purchase Agreement (Mynd.ai, Inc.), Senior Secured Convertible Note Purchase Agreement

No Waivers or Election of Remedies; Expenses. No course of dealing and no delay on the part of the holder of the 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. The Company shall pay the principal and interest of the Note without any deduction for any setoff or counterclaim. No right, power or remedy conferred by the Purchase Agreement or by the Note upon 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 the 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 Article 5, including, without limitation, reasonable attorneys' fees, expenses and disbursements.

Appears in 2 contracts

Samples: Convertible Senior Subordinated Note Purchase Agreement (Quantum Fuel Systems Technologies Worldwide Inc), Convertible Senior Subordinated Note Purchase Agreement (Quantum Fuel Systems Technologies Worldwide Inc)

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No Waivers or Election of Remedies; Expenses. No course of dealing and no delay on the part of the holder of the Note Holder in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's ’s rights, powers or remedies. The Company shall pay the principal amount (including any accrued and interest unpaid interest) of the Note without any deduction for any setoff or counterclaim. No right, power or remedy conferred by the Purchase Agreement or by the Note upon the holder thereof Holder 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 the Note Holder on demand such further amount as shall be sufficient to cover all reasonable costs and expenses of such holder the Holder incurred in any enforcement or collection under this Article 5IV, including, without limitation, reasonable attorneys' fees, expenses and disbursements.

Appears in 1 contract

Samples: Convertible Note Purchase Agreement (Puxin LTD)

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