No Waivers. No failure or delay by any party in exercising any right, power or privilege hereunder 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. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 270 contracts
Samples: Registration Rights Agreement (Transocean Ltd.), Registration Rights Agreement (Novelis Inc.), Registration Rights Agreement (Okeanis Eco Tankers Corp.)
No Waivers. No failure or delay by any party in exercising any right, power or privilege hereunder 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. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 33 contracts
Samples: Registration Rights Agreement (Capital Clean Energy Carriers Corp.), Registration Rights Agreement (Capital Maritime & Trading Corp.), Registration Rights Agreement (Capital Maritime & Trading Corp.)
No Waivers. No failure or delay by any party hereto in exercising any right, power or privilege hereunder 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. 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: Merger Agreement (Superior Energy Services Inc), Merger Agreement (Trimble Inc.), Merger Agreement (Titan International Inc)
No Waivers. No failure or delay by any party Lender Party in exercising any right, power or privilege hereunder or under any Note 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. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 9 contracts
Samples: Credit Agreement (Neiman Marcus Group Inc), Credit Agreement (Tekni Plex Inc), Credit Agreement (Marsh & McLennan Companies Inc)
No Waivers. No failure or delay by any party hereto in exercising any right, power or privilege hereunder 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. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies exclusive, unless otherwise provided by applicable law.
Appears in 9 contracts
Samples: Registration Rights Agreement (iMedia Brands, Inc.), Registration Rights Agreement (iMedia Brands, Inc.), Registration Rights Agreement (RiverBanc Multifamily Investors, Inc.)
No Waivers. No failure or delay by any party the Lender in exercising any right, power or privilege hereunder 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. 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: Loan Agreement (Brain Scientific Inc.), Second Lien Term Loan Agreement (Summer Energy Holdings Inc), Bridge Loan and Security Agreement (Bionik Laboratories Corp.)
No Waivers. No failure or delay by any party in exercising any right, power or privilege hereunder 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 waiver hereunder shall be effective unless it is in writing and signed by the party against whom the waiver is to be enforced. 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 (Blue Apron Holdings, Inc.), Registration Rights Agreement (Blue Apron Holdings, Inc.), Registration Rights Agreement (Blue Apron Holdings, Inc.)
No Waivers. No failure or delay by any party in exercising any rightrights, power or privilege hereunder or under the Warrants 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. The rights and remedies provided herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 8 contracts
Samples: Warrant Agreement (Autotote Corp), Warrant Agreement (Amnex Inc), Warrant Agreement (Angeion Corp/Mn)
No Waivers. No failure or delay by on the part of any party in exercising any right, power or privilege hereunder 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. 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 (Intrepid Potash, Inc.), Registration Rights Agreement (Intrepid Potash, Inc.), Securities Purchase Agreement (KMC Telecom Holdings Inc)
No Waivers. No failure or delay by any party in Lender Party exercising any right, power or privilege hereunder or under any Note 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. 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: Credit Agreement (Lyondell Chemical Co), Credit Agreement (Lyondell Chemical Co), Credit Agreement (Lyondell Chemical Co)
No Waivers. No failure or delay by any party Guaranteed Party in exercising any right, power or privilege hereunder 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. 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: Guarantee (Teco Energy Inc), Guarantee (Tampa Electric Co), Guarantee (Tampa Electric Co)
No Waivers. No failure or delay by any party in exercising any right, power or privilege hereunder or seeking any remedy with respect to a breach hereof shall operate as a waiver thereof or of any other right, power or privilege 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. 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 (Hanover Direct Inc), Securities Purchase Agreement (Hanover Direct Inc), Recapitalization Agreement (Hanover Direct Inc)
No Waivers. No failure or delay by any party in Indemnified Party exercising any right, power or privilege hereunder 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. 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: Undertaking Agreement (Lyondell Chemical Co), Undertaking Agreement (Lyondell Chemical Co), Undertaking Agreement (Lyondell Chemical Co)
No Waivers. No failure or delay by on the part of any party in exercising any right, power power, privilege or privilege remedy arising hereunder shall operate as a waiver thereof thereof; nor shall any single or partial exercise thereof of any right, power, privilege or remedy preclude any other or further future exercise thereof or the exercise of any other right, power power, privilege or privilegeremedy. The rights and remedies herein provided No notice to or demand on any party in any case shall be cumulative and not exclusive of entitle it to any rights other or remedies provided by lawfurther notice or demand in similar or other circumstances.
Appears in 4 contracts
Samples: Asset Purchase Agreement (GoldLand Holdings Corp.), Asset Purchase Agreement (GoldLand Holdings Corp.), Asset Contribution Agreement (Biodiesel of America, Inc.)
No Waivers. No failure or delay by any party Party in exercising any right, power or privilege hereunder 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. 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: Streatery and Deck Use Agreement, Streatery Use Agreement, Streatery Use Agreement
No Waivers. No failure or delay by any party in exercising any right, power or privilege hereunder 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. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law. [Remainder of this page left intentionally blank.]
Appears in 3 contracts
Samples: Recapitalization Agreement (Enstar Group Inc), Registration Rights Agreement (Castlewood Holdings LTD), Registration Rights Agreement (Castlewood Holdings LTD)
No Waivers. No failure or delay by any party in exercising any right, power or privilege hereunder 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. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by lawLaw.
Appears in 3 contracts
Samples: Merger Agreement (Hungry Minds Inc /De/), Merger Agreement (Raytel Medical Corp), Merger Agreement (Raytel Medical Corp)
No Waivers. No failure or by either party to exercise, no course of dealing with respect to, and no delay by any party in exercising any right, power or privilege hereunder or under the Notes 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. The rights and remedies provided herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 3 contracts
Samples: Credit Agreement (Trex Co Inc), Credit Agreement (Trex Co Inc), Credit Agreement (Trex Co Inc)
No Waivers. No failure or delay by any party Lender Party in exercising any right, power or privilege hereunder or under any Note or Letter of Credit 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. 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: Credit Agreement (Marathon Oil Corp), Credit Agreement (Marathon Oil Corp), Credit Agreement (Marathon Oil Corp)
No Waivers. No failure or delay by any party hereto in exercising any right, power or privilege hereunder or under any Note 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. 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: Credit Agreement (Sybron Chemicals Inc), Credit Agreement (Sybron Chemicals Inc)
No Waivers. No failure or delay by any either party in exercising any right, power or privilege hereunder 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. 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: Stock Purchase Agreement (PSS World Medical Inc), Indemnification & Liability (Chart Industries Inc)
No Waivers. No failure or by either party to exercise, no ---------- course of dealing with respect to, and no delay by any party in exercising any right, power or privilege hereunder or under the Notes 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. The rights and remedies provided herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Samples: Credit Agreement (Trex Co Inc), Credit Agreement (Trex Co Inc)
No Waivers. No failure or delay by any party in exercising any right, power or privilege hereunder 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. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.or
Appears in 2 contracts
Samples: Registration Rights Agreement (Jean Coutu Group (PJC) Inc.), Registration Rights Agreement (Genco Shipping & Trading LTD)
No Waivers. No failure or delay by either Party or any party Lender Party in exercising any right, power or privilege hereunder 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. The rights and remedies herein provided shall be cumulative and not exclusive of any other rights or remedies provided by lawremedies.
Appears in 2 contracts
Samples: Reimbursement Agreement (Globenet Communications Group LTD), Reimbursement Agreement (Globenet Communications Group LTD)
No Waivers. No failure or delay by any party hereto in exercising any right, power power, or privilege hereunder 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 power, or privilege. 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: Merger Agreement, Merger Agreement (First Responder Systems & Technology Inc.)
No Waivers. No failure or delay by any party hereto in exercising any right, power power, or privilege hereunder shall operate as a waiver thereof nor shall any thereof, and no single or partial exercise thereof shall preclude any other or further exercise thereof or the exercise of any other right, power power, or privilege. 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: Registration Rights Agreement (Wheeler Real Estate Investment Trust, Inc.), Registration Rights Agreement (Wheeler Real Estate Investment Trust, Inc.)
No Waivers. No failure or delay by any party Lender Party in exercising any right, power or privilege hereunder or under any other Financing Document 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. 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: Credit Agreement (Cogentrix Energy Inc), Credit Agreement (Cogentrix Energy Inc)
No Waivers. No failure or delay by any party in exercising any right, power power, or privilege hereunder 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. 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: Registration Rights Agreement (Boot Barn Holdings, Inc.), Registration Rights Agreement (Boot Barn Holdings, Inc.)
No Waivers. No failure or delay by any one party in exercising any right, power or privilege hereunder 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. 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: Registration Rights Agreement (Zars Inc/Ut), Registration Rights Agreement (Fonix Corp)
No Waivers. No failure or delay by any party Party hereto in exercising any right, power or privilege hereunder 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. 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: Merger Agreement (Ambrx Biopharma, Inc.), Merger Agreement (Ambrx Biopharma Inc.)
No Waivers. No failure or delay by any party hereto in exercising any right, power or privilege hereunder or under any Notes 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. 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: Credit Agreement (Invesco Senior Income Trust), Credit Agreement (Invesco Dynamic Credit Opportunities Fund)
No Waivers. No failure or delay by any party in exercising any rightrights, power or privilege hereunder or under the Warrants 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. The rights and remedies provided herein provided shall be 30 31 cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Warrant Agreement (Consumers Us Inc)
No Waivers. No failure or delay by any party hereto in exercising any right, power or privilege hereunder or under any Loan Document 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. 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: Credit Agreement (Jakks Pacific Inc)
No Waivers. No failure or delay by any party Lender Party in exercising any right, power or privilege hereunder or under any Note 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. 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. No failure or delay by any party in exercising any right, power power, or privilege hereunder 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 power, or privilege. 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 (Portland General Electric Co /Or/)
No Waivers. No failure or delay by any party the parties in exercising any right, power power, or privilege hereunder or under the Note 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 power, or privilege. 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: Credit Agreement (Fm Properties Inc)
No Waivers. No failure or delay by any either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or of further exercise thereof or the exercise of any other right, power or privilege. The Unless otherwise set forth herein, the rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by lawLaw.
Appears in 1 contract
Samples: Share and Asset Purchase Agreement (Safe-T Group Ltd.)
No Waivers. No failure or delay by any party either Party in exercising any right, power or privilege hereunder 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. 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. No failure or delay by or any party hereto in exercising any right, power or privilege hereunder 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. 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. No failure or by either party to ---------- exercise, no course of dealing with respect to, and no delay by any party in exercising any right, power or privilege hereunder or under the Note 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. The rights and remedies provided herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Credit Agreement (Trex Co Inc)
No Waivers. No failure or delay by any party in exercising any rightrights, ---------- power or privilege hereunder or under the Warrants 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. The rights and remedies provided herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Credit Agreement (Autotote Corp)
No Waivers. No failure or delay by any party in hereto exercising any right, power or privilege hereunder 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, right power or privilege. 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. No failure or delay by any party hereto in exercising any right, power or privilege hereunder 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,. 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. No failure or delay by any party Lender Party in exercising any right, power or privilege hereunder or under any Note 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. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.or
Appears in 1 contract
No Waivers. No failure or delay by any party in exercising any rightrights, power or privilege hereunder or under the Warrant 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. The rights and remedies provided herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Warrant Agreement (Seher Joseph A)
No Waivers. No failure or delay by any party in exercising any right, power or privilege hereunder 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. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law. No waiver of any party to this Agreement will be effective unless it is in a writing signed by a duly authorized officer of the waiving party that makes express reference to the provision or provisions subject to such waiver.
Appears in 1 contract
Samples: Registration Rights Agreement (Amalgamated Financial Corp.)
No Waivers. No failure or delay by any party hereto in ---------- exercising any right, power or privilege hereunder 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. 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: Agreement and Plan of Merger (American General Hospitality Corp)
No Waivers. No failure or delay by any party either Party in exercising any right, power or privilege hereunder 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. 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. No failure or delay by any party in exercising any right---------- rights, power or privilege hereunder or under the Warrants 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. The rights and remedies provided herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
No Waivers. No failure or delay by any party in hereto exercising any right, power or privilege hereunder 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, right power or privilege. 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. No failure or delay by any party in exercising any right, power or privilege hereunder or seeking any remedy with respect to a breach hereof shall operate as a waiver thereof or of any other right, power or privilege 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. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.of
Appears in 1 contract
No Waivers. No failure or delay by any either party hereto in exercising any right, power or privilege hereunder shall operate operates as a waiver thereof nor shall any thereof, and no single or partial exercise thereof preclude precludes any other or further farther exercise thereof or the exercise of any other right, power or privilege. 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. No failure or delay by any party hereunder in exercising any right, power or privilege hereunder or under the Note 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. 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: Credit Agreement (Nicholas Applegate Institutional Funds)
