No Waivers. (a) The obligations of the Issuer hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP Shares or any other Related Document). The rights of the Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP Share may have under the terms of such RVMTP Share or any Related Document or otherwise. (b) No failure or delay by the Issuer or the Purchaser in exercising any right, power or privilege hereunder or under the RVMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer or the Purchaser in exercising any right, power or privilege under or in respect of the RVMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer or the Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 13 contracts
Samples: RVMTP Purchase Agreement (Bank of America Corp /De/), RVMTP Purchase Agreement (Bank of America Corp /De/), RVMTP Purchase Agreement (Bank of America Corp /De/)
No Waivers. (a) The obligations of the Issuer hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP VMTP Shares or any other Related Document). The rights of the Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP VMTP Share may have under the terms of such RVMTP VMTP Share or any Related Document or otherwise.
(b) No failure or delay by the Issuer or the Purchaser in exercising any right, power or privilege hereunder or under the RVMTP VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer or the Purchaser in exercising any right, power or privilege under or in respect of the RVMTP VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer or the Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 13 contracts
Samples: VMTP Purchase Agreement (Bank of America Corp /De/), VMTP Purchase Agreement (Bank of America Corp /De/), Purchase Agreement (Bank of America Corp /De/)
No Waivers. (a) The obligations of the Issuer Fund hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP MFP Shares or any other Related Document). The rights of the Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Beneficial Owner of any RVMTP MFP Share may have under the terms of such RVMTP MFP Share or any other Related Document or otherwise.
(b) No failure or delay by the Issuer Fund or the Purchaser in exercising any right, power or privilege hereunder or under the RVMTP MFP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the Purchaser in exercising any right, power or privilege under or in respect of the RVMTP MFP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 13 contracts
Samples: Series a Munifund Preferred Shares Purchase and Exchange Agreement (Wells Fargo & Company/Mn), Series C Munifund Preferred Shares Purchase Agreement (Wells Fargo & Company/Mn), Additional Series a Munifund Preferred Shares Purchase Agreement (Bank of America Corp /De/)
No Waivers. (a) The obligations of the Issuer Fund hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP Shares or any other Related Document). The rights of the Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP VMTP Share may have under the terms of such RVMTP VMTP Share or any Related Document or otherwise.
(b) No failure or delay by the Issuer Fund or the Purchaser in exercising any right, power or privilege hereunder or under the RVMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the Purchaser in exercising any right, power or privilege under or in respect of the RVMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 12 contracts
Samples: RVMTP Purchase Agreement (Wells Fargo & Company/Mn), Purchase Agreement (Wells Fargo & Company/Mn), RVMTP Purchase Agreement (Wells Fargo & Company/Mn)
No Waivers. (a) The obligations of the Issuer Fund and the Shareholders and their Permitted Transferees hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP Shares or any other Related DocumentVMTP Shares). The rights of the Purchaser Shareholders hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP VMTP Share may have under the terms of such RVMTP VMTP Share or any Related Document or otherwise.
(b) No failure or delay by the Issuer Fund or the Purchaser Shareholders in exercising any right, power or privilege hereunder or under the RVMTP VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the Purchaser Shareholders in exercising any right, power or privilege under or in respect of the RVMTP VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the Purchaser Shareholders hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 8 contracts
Samples: Registration Rights Agreement (Bank of America Corp /De/), Registration Rights Agreement (Bank of America Corp /De/), Registration Rights Agreement (Bank of America Corp /De/)
No Waivers. (a) The obligations of the Issuer Fund hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP New VMTP Shares or any other Related Document). The rights of the Purchaser Xxxxx Fargo hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP New VMTP Share may have under the terms of such RVMTP New VMTP Share or any Related Document or otherwise.
(b) No failure or delay by the Issuer Fund or the Purchaser Xxxxx Fargo in exercising any right, power or privilege hereunder or under the RVMTP New VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the Purchaser Xxxxx Fargo in exercising any right, power or privilege under or in respect of the RVMTP New VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the Purchaser Xxxxx Fargo hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 7 contracts
Samples: VMTP Purchase and Exchange Agreement (Wells Fargo & Company/Mn), VMTP Purchase and Exchange Agreement (Wells Fargo & Company/Mn), VMTP Purchase and Exchange Agreement (Wells Fargo & Company/Mn)
No Waivers. (a) The obligations of the Issuer Fund and the Shareholder and its Permitted Transferees hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, including the RVMTP Shares or any other Related DocumentVMTP Shares). The rights of the Purchaser Shareholder hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP VMTP Share may have under the terms of such RVMTP VMTP Share or any Related Document or otherwise.
(b) No failure or delay by the Issuer Fund or the Purchaser Shareholder in exercising any right, power or privilege hereunder or under the RVMTP VMTP Shares or any other agreement shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the Purchaser Shareholder in exercising any right, power or privilege under or in respect of the RVMTP VMTP Shares or any other Related Document agreement shall affect the rights, powers or privileges of the Issuer Fund or the Purchaser Shareholder hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 7 contracts
Samples: Registration Rights Agreement (Wells Fargo & Company/Mn), Registration Rights Agreement (Wells Fargo & Company/Mn), Registration Rights Agreement (Wells Fargo & Company/Mn)
No Waivers. (a) The obligations of the Issuer Fund hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP VMTP Shares or any other Related Document). The rights of the Purchaser Purchasers hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP VMTP Share may have under the terms of such RVMTP VMTP Share or any Related Document or otherwise.
(b) No failure or delay by the Issuer Fund or the any Purchaser in exercising any right, power or privilege hereunder or under the RVMTP VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the any Purchaser in exercising any right, power or privilege under or in respect of the RVMTP VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the any Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 7 contracts
Samples: VMTP Purchase Agreement (Wells Fargo & Company/Mn), VMTP Purchase Agreement (Wells Fargo & Company/Mn), VMTP Purchase Agreement (Wells Fargo & Company/Mn)
No Waivers. (a) The obligations of the Issuer hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP VMTP Shares or any other Related Document). The rights of the each Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP VMTP Share may have under the terms of such RVMTP VMTP Share or any Related Document or otherwise.
(b) No failure or delay by the Issuer or the either Purchaser in exercising any right, power or privilege hereunder or under the RVMTP VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer or the either Purchaser in exercising any right, power or privilege under or in respect of the RVMTP VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer or the either Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 6 contracts
Samples: VMTP Purchase Agreement (Bank of America Corp /De/), Registration Rights Agreement (Bank of America Corp /De/), VMTP Purchase Agreement (Bank of America Corp /De/)
No Waivers. (a) The obligations of the Issuer Fund and the Shareholder and its Permitted Transferees hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP Shares or any other Related DocumentShares). The rights of the Purchaser Shareholder hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP Share may have under the terms of such RVMTP Share or any Related Document or otherwise.
(b) No failure or delay by the Issuer Fund or the Purchaser Shareholder in exercising any right, power or privilege hereunder or under the RVMTP Shares or any other agreement shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the Purchaser Shareholder in exercising any right, power or privilege under or in respect of the RVMTP Shares or any other Related Document agreement shall affect the rights, powers or privileges of the Issuer Fund or the Purchaser Shareholder hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 5 contracts
Samples: Registration Rights Agreement (Bank of America Corp /De/), Registration Rights Agreement (Bank of America Corp /De/), Registration Rights Agreement (Bank of America Corp /De/)
No Waivers. (a) The obligations of the Issuer Fund hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP VMTP Shares or any other Related Document). The rights of the Closing Date Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP VMTP Share may have under the terms of such RVMTP VMTP Share or any Related Document or otherwise.
(b) No failure or delay by the Issuer Fund or the Closing Date Purchaser in exercising any right, power or privilege hereunder or under the RVMTP VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the Closing Date Purchaser in exercising any right, power or privilege under or in respect of the RVMTP VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the Closing Date Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 4 contracts
Samples: VMTP Purchase Agreement (Wells Fargo & Company/Mn), VMTP Purchase Agreement (Wells Fargo & Company/Mn), VMTP Purchase Agreement (Wells Fargo & Company/Mn)
No Waivers. (a) The obligations of the Issuer Fund hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP AMTP Shares or any other Related Document). The rights of the Purchaser Xxxxx Fargo hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP AMTP Share may have under the terms of such RVMTP AMTP Share or any Related Document or otherwise.
(b) No failure or delay by the Issuer Fund or the Purchaser Xxxxx Fargo in exercising any right, power or privilege hereunder or under the RVMTP AMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the Purchaser Xxxxx Fargo in exercising any right, power or privilege under or in respect of the RVMTP AMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the Purchaser Xxxxx Fargo hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 4 contracts
Samples: Amtp Shares Transition Agreement (Wells Fargo & Company/Mn), Exchange Agreement (Wells Fargo & Company/Mn), Exchange Agreement (Wells Fargo & Company/Mn)
No Waivers. (a) The obligations of the Issuer Fund hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP VMTP Shares or any other Related Document). The rights of the Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Beneficial Owner of any RVMTP VMTP Share may have under the terms of such RVMTP VMTP Share or any Related Document or otherwise.
(b) No failure or delay by the Issuer Fund or the Purchaser in exercising any right, power or privilege hereunder or under the RVMTP VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the Purchaser in exercising any right, power or privilege under or in respect of the RVMTP VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 4 contracts
Samples: Variable Rate Muni Term Preferred Shares Purchase Agreement (Bank of America Corp /De/), Variable Rate Muni Term Preferred Shares Purchase Agreement (Bank of America Corp /De/), Variable Rate Muni Term Preferred Shares Purchase Agreement (Bank of America Corp /De/)
No Waivers. (a) The obligations of the Issuer Fund hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP New VMTP Shares or any other Related Document). The rights of the each Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP New VMTP Share may have under the terms of such RVMTP New VMTP Share or any Related Document or otherwise.
(b) No failure or delay by the Issuer Fund or the either Purchaser in exercising any right, power or privilege hereunder or under the RVMTP New VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the either Purchaser in exercising any right, power or privilege under or in respect of the RVMTP New VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the either Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 3 contracts
Samples: VMTP Purchase and Exchange Agreement (Wells Fargo & Company/Mn), Purchase and Exchange Agreement (Bank of America Corp /De/), Exchange and Purchase Agreement (Wells Fargo & Company/Mn)
No Waivers. (a) The obligations of the Issuer hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP VMTP Shares or any other Related Document). The rights of each of the Purchaser Purchasers hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP VMTP Share may have under the terms of such RVMTP VMTP Share or any Related Document or otherwise.
(b) No failure or delay by the Issuer or the either Purchaser in exercising any right, power or privilege hereunder or under the RVMTP VMTP Shares shall operate as a waiver thereof thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer or the either Purchaser in exercising any right, power or privilege under or in respect of the RVMTP VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer or the either Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 3 contracts
Samples: VMTP Purchase Agreement (Bank of America Corp /De/), VMTP Purchase Agreement (Bank of America Corp /De/), Purchase Agreement (Bank of America Corp /De/)
No Waivers. (a) The obligations of the Issuer Fund hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP VMTP Shares or any other Related Document). The rights of the Purchaser Xxxxx Fargo hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP VMTP Share may have under the terms of such RVMTP VMTP Share or any Related Document or otherwise.
(b) No failure or delay by the Issuer Fund or the Purchaser Xxxxx Fargo in exercising any right, power or privilege hereunder or under the RVMTP VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the Purchaser Xxxxx Fargo in exercising any right, power or privilege under or in respect of the RVMTP VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the Purchaser Xxxxx Fargo hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 3 contracts
Samples: VMTP Purchase Agreement (Wells Fargo & Company/Mn), VMTP Purchase Agreement (Wells Fargo & Company/Mn), VMTP Purchase Agreement (Wells Fargo & Company/Mn)
No Waivers. (a) The obligations of the Issuer Fund hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP Shares LEARS or any other Related Document). The rights of the Purchaser Liquidity Provider hereunder are separate from and in addition to any rights that any Holder or Designated Beneficial Owner of any RVMTP Share LEARS may have under the terms of such RVMTP Share LEARS or any Related Document or otherwise.
(b) No failure or delay by the Issuer Fund or the Purchaser Liquidity Provider in exercising any right, power or privilege hereunder or under any other Related Document or the RVMTP Shares LEARS shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the Purchaser Liquidity Provider in exercising any right, power or privilege under or in respect of the RVMTP Shares LEARS or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the Purchaser Liquidity Provider hereunder or thereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Samples: Administrative Services Agreement (Blackrock Muniyield New Jersey Fund, Inc.), Tender and Paying Agent Agreement (Blackrock Muniyield Pennsylvania Quality Fund)
No Waivers. (a) The Except as provided by Section 1.1(b) hereof, the obligations of the Issuer Fund hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP MFP Shares or any other Related Document). The rights of the Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Beneficial Owner of any RVMTP MFP Share may have under the terms of such RVMTP MFP Share or any other Related Document or otherwise.
(b) No failure or delay by the Issuer Fund or the Purchaser in exercising any right, power or privilege hereunder or under the RVMTP MFP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the Purchaser in exercising any right, power or privilege under or in respect of the RVMTP MFP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Samples: Additional Series B Munifund Preferred Shares Purchase Agreement (Toronto Dominion Investments, Inc.), Additional Series B Munifund Preferred Shares Purchase Agreement (Toronto Dominion Investments, Inc.)
No Waivers. (a) The obligations of the Issuer Fund hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP VMTP Shares or any other Related Document). The rights of the Purchaser Closing Date Purchasers hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP VMTP Share may have under the terms of such RVMTP VMTP Share or any Related Document or otherwise.
(b) No failure or delay by the Issuer Fund or the Purchaser Closing Date Purchasers in exercising any right, power or privilege hereunder or under the RVMTP VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the Purchaser Closing Date Purchasers in exercising any right, power or privilege under or in respect of the RVMTP VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the Purchaser Closing Date Purchasers hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Samples: VMTP Purchase Agreement (Wells Fargo & Company/Mn), VMTP Purchase Agreement (Wells Fargo & Company/Mn)
No Waivers. (a) The obligations of the Issuer Fund hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP VMTP Shares or any other Related Document). The rights of the Purchaser Xxxxx Fargo hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP New VMTP Share may have under the terms of such RVMTP New VMTP Share or any Related Document or otherwise.
(b) No failure or delay by the Issuer Fund or the Purchaser Xxxxx Fargo in exercising any right, power or privilege hereunder or under the RVMTP VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the Purchaser Xxxxx Fargo in exercising any right, power or privilege under or in respect of the RVMTP VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the Purchaser Xxxxx Fargo hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Samples: VMTP Purchase Agreement (Wells Fargo & Company/Mn), VMTP Purchase Agreement (Wells Fargo & Company/Mn)
No Waivers. (a) The obligations of the Issuer Fund hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP AMTP Shares or any other Related Document). The rights of the Purchaser DB hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP AMTP Share may have under the terms of such RVMTP AMTP Share or any Related Document or otherwise.
(b) No failure or delay by the Issuer Fund or the Purchaser DB in exercising any right, power or privilege hereunder or under the RVMTP AMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the Purchaser DB in exercising any right, power or privilege under or in respect of the RVMTP AMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the Purchaser DB hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Samples: Amtp Shares Purchase Agreement (Deutsche Bank Ag\), Amtp Shares Purchase Agreement (Deutsche Bank Ag\)
No Waivers. (a) The obligations of the Issuer Fund and the Shareholder and its Permitted Transferees hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP Shares or any other Related Document2018 VMTP Shares). The rights of the Purchaser Shareholder hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP 2018 VMTP Share may have under the terms of such RVMTP 2018 VMTP Share or any Related Document or otherwise.
(b) No failure or delay by the Issuer Fund or the Purchaser Shareholder in exercising any right, power or privilege hereunder or under the RVMTP 2018 VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the Purchaser Shareholder in exercising any right, power or privilege under or in respect of the RVMTP 2018 VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the Purchaser Shareholder hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Registration Rights Agreement (Wells Fargo & Company/Mn)
No Waivers. (a) The obligations of the Issuer hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP VMTP Shares or any other Related Document). The rights of the Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP VMTP Share may have under the terms of such RVMTP VMTP Share or any Related Document or otherwise.
(b) No failure or delay by the Issuer or the Purchaser in exercising any right, power or privilege hereunder or under the RVMTP VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer or the Purchaser in exercising any right, power or privilege under or in respect of the RVMTP VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer or the Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
No Waivers. (a) The obligations of the Issuer Fund hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP New VMTP Shares or any other Related Document). The rights of the each Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP New VMTP Share may have under the terms of such RVMTP New VMTP Share or any Related Document or otherwise.
(b) . No failure or delay by the Issuer Fund or the either Purchaser in exercising any right, power or privilege hereunder or under the RVMTP New VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the either Purchaser in exercising any right, power or privilege under or in respect of the RVMTP New VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the either Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: VMTP Purchase and Exchange Agreement (Bank of America Corp /De/)
No Waivers. (a) The obligations of the Issuer Fund and the Shareholder and its Permitted Transferees hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP Shares or any other Related Document2019 VMTP Shares). The rights of the Purchaser Shareholder hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP 2019 VMTP Share may have under the terms of such RVMTP 2019 VMTP Share or any Related Document or otherwise.
(b) No failure or delay by the Issuer Fund or the Purchaser Shareholder in exercising any right, power or privilege hereunder or under the RVMTP 2019 VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the Purchaser Shareholder in exercising any right, power or privilege under or in respect of the RVMTP 2019 VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the Purchaser Shareholder hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Registration Rights Agreement (Bank of America Corp /De/)
No Waivers. (a) The obligations of the Issuer hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP 2018 VMTP Shares or any other Related Document). The rights of the each Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP 2018 VMTP Share may have under the terms of such RVMTP 2018 VMTP Share or any Related Document or otherwise.
(b) No failure or delay by the Issuer or the either Purchaser in exercising any right, power or privilege hereunder or under the RVMTP 2018 VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer or the either Purchaser in exercising any right, power or privilege under or in respect of the RVMTP 2018 VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer or the either Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: VMTP Purchase Agreement (Bank of America Corp /De/)
No Waivers. (a) The obligations of the Issuer Fund hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP AMTP Shares or any other Related Document). The rights of the each Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP AMTP Share may have under the terms of such RVMTP AMTP Share or any Related Document or otherwise.
(b) No failure or delay by the Issuer Fund or the either Purchaser in exercising any right, power or privilege hereunder or under the RVMTP AMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the either Purchaser in exercising any right, power or privilege under or in respect of the RVMTP AMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the either Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
No Waivers. (a) The obligations of the Issuer hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP 2019 VMTP Shares or any other Related Document). The rights of the each Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP 2019 VMTP Share may have under the terms of such RVMTP 2019 VMTP Share or any Related Document or otherwise.
(b) No failure or delay by the Issuer or the either Purchaser in exercising any right, power or privilege hereunder or under the RVMTP 2019 VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer or the either Purchaser in exercising any right, power or privilege under or in respect of the RVMTP 2019 VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer or the either Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
No Waivers. (a) The Except as provided in Section 1.1(b) hereof, the obligations of the Issuer Fund hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP MFP Shares or any other Related Document). The rights of the Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Beneficial Owner of any RVMTP MFP Share may have under the terms of such RVMTP MFP Share or any other Related Document or otherwise.
(b) No failure or delay by the Issuer Fund or the Purchaser in exercising any right, power or privilege hereunder or under the RVMTP MFP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the Purchaser in exercising any right, power or privilege under or in respect of the RVMTP MFP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Additional Series a Munifund Preferred Shares Purchase Agreement (Bank of America Corp /De/)
No Waivers. (a) The obligations of the Issuer hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP 2019 VMTP Shares or any other Related Document). The rights of the Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP 2019 VMTP Share may have under the terms of such RVMTP 2019 VMTP Share or any Related Document or otherwise.
(b) No failure or delay by the Issuer or the Purchaser in exercising any right, power or privilege hereunder or under the RVMTP 2019 VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer or the Purchaser in exercising any right, power or privilege under or in respect of the RVMTP 2019 VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer or the Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
No Waivers. (a) The obligations of the Issuer Fund and the Shareholder and its Permitted Transferees hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP Shares or any other Related DocumentVMTP Shares). The rights of the Purchaser Shareholder hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP VMTP Share may have under the terms of such RVMTP VMTP Share or any Related Document or otherwise.
(b) No failure or delay by the Issuer Fund or the Purchaser Shareholder in exercising any right, power or privilege hereunder or under the RVMTP VMTP Shares or any other agreement shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the Purchaser Shareholder in exercising any right, power or privilege under or in respect of the RVMTP VMTP Shares or any other Related Document agreement shall affect the rights, powers or privileges of the Issuer Fund or the Purchaser Shareholder hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Registration Rights Agreement (Bank of America Corp /De/)
No Waivers. (a) The obligations of the Issuer Fund hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP 2018 VMTP Shares or any other Related Document). The rights of the Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP 2018 VMTP Share may have under the terms of such RVMTP 2018 VMTP Share or any Related Document or otherwise.
(b) No failure or delay by the Issuer Fund or the Purchaser in exercising any right, power or privilege hereunder or under the RVMTP 2018 VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the Purchaser in exercising any right, power or privilege under or in respect of the RVMTP 2018 VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
No Waivers. (a) The obligations of the Issuer hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP VMTP Shares or any other Related Document). The rights of the Purchaser Xxxxx Fargo hereunder are separate from and in addition to any rights that any Holder or Designated Beneficial Owner of any RVMTP VMTP Share may have under the terms of such RVMTP VMTP Share or any Related Document or otherwise.
(b) No failure or delay by the Issuer or the Purchaser Xxxxx Fargo in exercising any right, power or privilege hereunder or under the RVMTP VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer or the Purchaser Xxxxx Fargo in exercising any right, power or privilege under or in respect of the RVMTP VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer or the Purchaser Xxxxx Fargo hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
No Waivers. (a) The obligations of the Issuer hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP VMTP Shares or any other Related Document). The rights of the each Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Beneficial Owner of any RVMTP VMTP Share may have under the terms of such RVMTP VMTP Share or any Related Document or otherwise.
(b) No failure or delay by the Issuer or the either Purchaser in exercising any right, power or privilege hereunder or under the RVMTP VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer or the either Purchaser in exercising any right, power or privilege under or in respect of the RVMTP VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer or the either Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: VMTP Purchase Agreement (Bank of America Corp /De/)
No Waivers. (a) The obligations of the Issuer Fund hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP New VMTP Shares or any other Related Document). The rights of the Purchaser Xxxxx Fargo hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP New VMTP Share may have under the terms of such RVMTP New VMTP Share or any Related Document or otherwise.
(b) No failure or delay by the Issuer Fund or the Purchaser Xxxxx Fargo in exercising any right, power or privilege hereunder or under the RVMTP New VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the Purchaser Xxxxx Fargo in exercising any right, power or privilege under or in respect of the RVMTP New VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the Purchaser Xxxxx Fargo hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
No Waivers. (a) The obligations of the Issuer Fund hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP Shares or any other Related Document). The rights of the Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP Share may have under the terms of such RVMTP Share or any Related Document or otherwise.
(b) No failure or delay by the Issuer Fund or the Purchaser in exercising any right, power or privilege hereunder or under the RVMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the Purchaser in exercising any right, power or privilege under or in respect of the RVMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: RVMTP Purchase Agreement (Wells Fargo & Company/Mn)