Common use of Non-Waiver; Remedies Cumulative Clause in Contracts

Non-Waiver; Remedies Cumulative. No failure or delay on Administrative Agent’s or the Banks’ 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 Banks or Administrative Agent in connection with the Loan shall operate as a waiver of any such privilege, power or right or shall be deemed to constitute Administrative Agent’s or the Banks’ acquiescence in any default by Borrower or Guarantors under any of said documents. A waiver by the Banks or Administrative Agent of any right or remedy under any of the Loan Documents, this Guaranty or any other document made to or with the Banks or Administrative Agent in connection with the Loan on any one occasion shall not be construed as a bar to any right or remedy which the Banks or Administrative Agent 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 3 contracts

Samples: Guaranty of Payment (Taubman Centers Inc), Guaranty of Payment (Taubman Centers Inc), Guaranty of Payment (Taubman Centers Inc)

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Non-Waiver; Remedies Cumulative. No failure or delay on Administrative Agent’s 's or the Banks’ Lenders' part in exercising any right, power or privilege under this Guaranty, any of the other Loan Documents, this Guaranty Documents or any other document made to or with the Banks Lenders or Administrative Agent in connection with the Loan shall operate as a waiver of any such privilege, power or right or shall be deemed to constitute Lenders' or Administrative Agent’s or the Banks’ 's acquiescence in any default by Borrower Borrower, Guarantor or Guarantors any other obligor under any of said documents. A waiver by the Banks Xxxxxxx or Administrative Agent of any right or remedy under this Guaranty, any of the other Loan Documents, this Guaranty Documents or any other document made to or with the Banks Lenders or Administrative Agent in connection with the Loan on any one occasion shall not be construed as a bar to any right or remedy which the Banks Lenders or Administrative Agent 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: Completion Costs Guaranty (Alexanders Inc)

Non-Waiver; Remedies Cumulative. No failure or delay on Lenders’ or Administrative Agent’s or the Banks’ 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 Banks Lenders or Administrative Agent in connection with the Loan shall operate as a waiver of any such privilege, power or right or shall be deemed to constitute Administrative Agent’s or the BanksLenders’ acquiescence in any default by Borrower or Guarantors Guarantor under any of said documents. A waiver by the Banks Lenders or Administrative Agent of any right or remedy under any of the Loan Documents, this Guaranty or any other document made to or with the Banks Lenders or Administrative Agent in connection with the Loan on any one occasion shall not be construed as a bar to any right or remedy which the Banks Lenders or Administrative Agent 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 Mortgage Loan (Alexanders Inc)

Non-Waiver; Remedies Cumulative. No failure or delay on Administrative Agent’s or the Banks’ any Lender’s part in exercising any right, power or privilege under any of the Loan Facility Documents, this Guaranty or any other document made to or with the Banks or Administrative Agent or any Lender in connection with the Loan Advances shall operate as a waiver of any such privilege, power or right or shall be deemed to constitute Administrative Agent’s or the Banks’ such Lender’s acquiescence in any default by Borrower or Guarantors Guarantor under any of said documents. A waiver by the Banks or Administrative Agent or any Lender of any right or remedy under any of the Loan Facility Documents, this Guaranty or any other document made to or with the Banks or Administrative Agent and/or Lender in connection with the Loan Advances on any one occasion shall not be construed as a bar to any right or remedy which the Banks or Administrative Agent or any 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 Lawlaw.

Appears in 1 contract

Samples: Guaranty of Payment and Performance (Newtek Business Services Corp.)

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Non-Waiver; Remedies Cumulative. No failure or delay on Administrative Agent’s 's or the Banks’ any Lender's part in exercising any right, power or privilege under any of the Loan Credit Documents, this Guaranty or any other document made to or with the Banks Lenders or Administrative Agent in connection with the Loan Credit Facility shall operate as a waiver of any such privilege, power or right or shall be deemed to constitute Administrative Agent’s 's or the Banks’ Lenders' acquiescence in any default by Borrower Borrower, Guarantor or Guarantors any other obligor under any of said documents. A waiver by the Banks Lenders or Administrative Agent of any right or remedy under any of the Loan Credit Documents, this Guaranty or any other document made to or with the Banks Lenders or Administrative Agent in connection with the Loan Credit Facility on any one occasion shall not be construed as a bar to any right or remedy which the Banks Lenders or Administrative Agent 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: Credit Agreement (Acadia Realty Trust)

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