Non-Waiver; Remedies Cumulative. None of the Company, any Purchaser, or the Special Share Purchaser shall, by any act of omission or commission, be deemed to waive any of its rights or remedies hereunder unless such waiver be in writing and signed by such Person and then only to the extent specifically set forth therein; a waiver on one occasion shall not, except as specifically set forth therein, be construed as continuing or as a bar to or waiver of a right or remedy on any other occasion. All remedies conferred upon each such Person by this Agreement shall be cumulative and none is exclusive, and such remedies may be exercised concurrently or consecutively at such Person's option.
Appears in 2 contracts
Samples: Investment and Note Purchase Agreement (Viatel Holding Bermuda LTD), Investment and Note Purchase Agreement (Morgan Stanley)
Non-Waiver; Remedies Cumulative. None of the Company, Company or any Purchaser, or the Special Share Purchaser shall, by any act of omission or commission, be deemed to waive any of its rights or remedies hereunder unless such waiver be in writing and signed by such Person and then only to the extent specifically set forth therein; a waiver on one occasion shall not, except as specifically set forth therein, be construed as continuing or as a bar to or waiver of a right or remedy on any other occasion. All remedies conferred upon each such Person by this Agreement shall be cumulative and none is exclusive, and such remedies may be exercised concurrently or consecutively at such Person's ’s option.
Appears in 1 contract
Samples: Investment and Note Purchase Agreement (Morgan Stanley)
Non-Waiver; Remedies Cumulative. None of the Company, Company or any Purchaser, or the Special Share Purchaser shall, by any act of omission or commission, be deemed to waive any of its rights or remedies hereunder unless such waiver be in writing and signed by such Person and then only to the extent specifically set forth therein; a waiver on one occasion shall not, except as specifically set forth therein, be construed as continuing or as a bar to or waiver of a right or remedy on any other occasion. All remedies conferred upon each such Person by this Agreement shall be cumulative and none is exclusive, and such remedies may be exercised concurrently or consecutively at such Person's option.
Appears in 1 contract
Samples: Investment and Note Purchase Agreement (Viatel Holding Bermuda LTD)