Non-Waiver; Remedies Cumulative. No failure or delay on Lender’s part in exercising any right, power or privilege under any of the Loan Documents, this Guaranty or any other document made to or with Lender in connection with the Loan shall operate as a waiver of any such privilege, power or right or shall be deemed to constitute Lender’s acquiescence in any default by Borrower or Guarantor under any of said documents. A waiver by Lender of any right or remedy under any of the Loan Documents, this Guaranty or any other document made to or with Lender in connection with the Loan on any one occasion shall not be construed as a bar to any right or remedy which Lender otherwise would have on any future occasion. The rights and remedies provided in said documents are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 5 contracts
Samples: Guaranty of Payment (NeoStem, Inc.), Assignment and Assumption of Lease Agreement (Standard Microsystems Corp), Guaranty of Recourse Carveouts (Standard Microsystems Corp)
Non-Waiver; Remedies Cumulative. No failure or delay on Lender’s part in exercising any right, power or privilege under any of the Loan Documents, this Guaranty or any other document made to or with Lender in connection with the Loan Loans shall operate as a waiver of any such privilege, power or right or shall be deemed to constitute Lender’s acquiescence in any default by Borrower or Guarantor under any of said documents. A waiver by Lender of any right or remedy under any of the Loan Documents, this Guaranty or any other document made to or with Lender in connection with the Loan Loans on any one occasion shall not be construed as a bar to any right or remedy which Lender otherwise would have on any future occasion. The rights and remedies provided in said documents are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Samples: Guaranty of Payment and Performance (Newtek Business Services Corp.), Guaranty of Payment and Performance (Newtek Business Services Inc)
Non-Waiver; Remedies Cumulative. No failure or delay on LenderLxxxxx’s part in exercising any right, power or privilege under any of the Loan Documents, this Guaranty or any other document made to or with Lender in connection with the Loan shall operate as a waiver of any such privilege, power or right or shall be deemed to constitute Lender’s acquiescence in any default by Borrower or Guarantor under any of said documents. A waiver by Lender of any right or remedy under any of the Loan Documents, this Guaranty or any other document made to or with Lender in connection with the Loan on any one occasion shall not be construed as a bar to any right or remedy which Lender otherwise would have on any future occasion. The rights and remedies provided in said documents are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Samples: Guaranty of Recourse Carve Outs (Procaccianti Hotel Reit, Inc.), Guaranty of Recourse Carve Outs (Procaccianti Hotel Reit, Inc.)
Non-Waiver; Remedies Cumulative. No failure or delay on the Lender’s part in exercising any right, power or privilege under any of the Loan Documents, this Guaranty or any other document made to or with the Lender in connection with the Loan shall operate as a waiver of any such privilege, power or right or shall be deemed to constitute the Lender’s acquiescence in any default by the Borrower or the Guarantor under any of said documents. A waiver by the Lender of any right or remedy under any of the Loan Documents, this Guaranty or any other document made to or with the Lender in connection with the Loan on any one occasion shall not be construed as a bar to any right or remedy which the Lender otherwise would have on any future occasion. The rights and remedies provided in said documents are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Guaranty of Payment (Excel Corp)
Non-Waiver; Remedies Cumulative. No failure or delay on Lender’s 's part in exercising any right, power or privilege under any of the Loan Documents, this Guaranty or any other document made to or with Lender in connection with the Loan shall operate as a waiver of any such privilege, power or right or shall be deemed to constitute Lender’s acquiescence in any default by Borrower or Guarantor under any of said documents. A waiver by Lender of any right or remedy under any of the Loan Documents, this Guaranty or any other document made to or with Lender in connection with the Loan on any one occasion shall not be construed as a bar to any right or remedy which Lender otherwise would have on any future occasion. The rights and remedies provided in said documents are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Mortgage Agreement (Ramco Gershenson Properties Trust)
Non-Waiver; Remedies Cumulative. No failure or delay on LenderBank’s part in exercising any right, power or privilege under any of the Loan Documents, this Guaranty or any other document made to or with Lender Bank in connection with the Loan Bonds shall operate as a waiver of any such privilege, power or right or shall be deemed to constitute LenderBank’s acquiescence in any default by Borrower or Guarantor under any of said documents. A waiver by Lender Bank of any right or remedy under any of the Loan Documents, this Guaranty or any other document made to or with Lender Bank in connection with the Loan Bonds on any one occasion shall not be construed as a bar to any right or remedy which Lender Bank otherwise would have on any future occasion. The rights and remedies provided in said documents are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Non-Waiver; Remedies Cumulative. No failure or delay on Lender’s part in exercising any right, power or privilege under any of the Loan Documents, this Guaranty or any other document made to or with Lender in connection with the Loan shall operate as a waiver of any such privilege, power or right or shall be deemed to constitute Lender’s acquiescence in any default by Borrower Borrowers or Guarantor under any of said documents. A waiver by Lender of any right or remedy under any of the Loan Documents, this Guaranty or any other document made to or with Lender in connection with the Loan on any one occasion shall not be construed as a bar to any right or remedy which Lender otherwise would have on any future occasion. The rights and remedies provided in said documents are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Guaranty of Payment and Performance (Newtek Business Services Inc)