Nonwaiver; Remedies Cumulative. No delay by any party hereto in exercising any of its rights hereunder, or in the partial or single exercise of such rights, shall operate as a waiver of that or any other right. No right under any provision of this Agreement may be waived except in writing and then only in the specific instance and for the specific purpose for which such waiver was given. The rights and remedies provided for in this Agreement are cumulative and are not exclusive of any other rights, powers, privileges or remedies provided for by law or in equity.
Nonwaiver; Remedies Cumulative. No course of dealing on the part of any holder of Notes nor any delay or failure on the part of any holder of Notes to exercise any right shall operate as a waiver of such right or otherwise prejudice such holder's rights, powers and remedies. All rights and remedies of each holder of Notes hereunder and under applicable law are cumulative to, and not exclusive of, any other rights or remedies any such holder of Notes would otherwise have.
Nonwaiver; Remedies Cumulative. No covenant or condition of this Agreement can be waived except by the written consent of the party to be charged with such waiver. Forbearance or indulgence by any party in any regard whatsoever shall not constitute a waiver of the covenant or condition to which such forbearance or indulgence may relate, and until complete performance thereof, or the written waiver thereof, the forbearing or indulging party shall be entitled to invoke any remedy available to it under this Agreement or by law or in equity or otherwise despite such forbearance or indulgence. No right or remedy of any party provided for herein is exclusive of any other right or remedy, but all such rights and remedies are cumulative of every other right and remedy provided for herein, at law, in equity, by statute, or otherwise, and may be exercised concurrently or separately from time to time. The prevailing party shall be entitled to attorney's fees and forum costs.
Nonwaiver; Remedies Cumulative. Forbearance or indulgence by any party -------------------------------- in any regard whatsoever shall not constitute a waiver of the covenant or condition to which such forbearance or indulgence may relate, and until complete performance thereof, or the written waiver thereof, the forbearing or indulging party shall be entitled to invoke any right or remedy available to it under this Side Letter or by law or in equity or otherwise despite such forbearance or indulgence. No right or remedy of any party provided for herein is exclusive of any other right or remedy, but all such rights and remedies are cumulative of every other right and remedy provided for herein, at law, in equity, by statute, or otherwise, and may be exercised concurrently or separately from time to time. The prevailing party shall be entitled to reasonable attorneys' fees and forum costs.
Nonwaiver; Remedies Cumulative. No course of dealing on the part of the Administrative Agent or any Lender, nor any delay or failure on the part of the Administrative Agent or any Lender in exercising any rights, powers or privileges hereunder, shall operate as a waiver of such rights, powers or privileges or otherwise prejudice any of the Administrative Agent's or Lenders' rights and remedies hereunder; nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege by the Administrative Agent or each Lender. No right or remedy conferred upon or reserved to the Administrative Agent or any Lender under this Agreement is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative and in addition to every other right or remedy given hereunder or now or hereafter existing under any applicable law. Every right and remedy given by this Agreement or by applicable law to the Administrative Agent or any Lender may be exercised from time to time and as often as may be deemed expedient by the Administrative Agent or any Lender.
Nonwaiver; Remedies Cumulative. 43 10.4. Annulment of Acceleration of Notes.................................................44
Nonwaiver; Remedies Cumulative. No course of dealing on the part of the Senior Administrative Agent, the Administrative Agent or any Lender, nor any delay or failure on the part of the Senior Administrative Agent, the Administrative Agent or any Lender in exercising any rights, powers or privileges hereunder, shall operate as a waiver of such rights, powers or privileges or otherwise prejudice any of the Senior Administrative Agent’s, the Administrative Agent’s or the Lenders’ rights and remedies hereunder; nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege by the Senior Administrative Agent, the Administrative Agent or each Lender. No right or remedy conferred upon or reserved to the Senior Administrative Agent, the Administrative Agent or any Lender under this Agreement is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative and in addition to every other right or remedy given hereunder or now or hereafter existing under any applicable law. Every right and remedy given by this Agreement or by applicable law to the Senior Administrative Agent, the Administrative Agent or any Lender may be exercised from time to time and as often as may be deemed expedient by the Senior Administrative Agent, the Administrative Agent or any Lender.
Nonwaiver; Remedies Cumulative. No course of dealing on the part of the Bank, nor any delay or failure on the part of the Bank in exercising any rights, powers or privileges hereunder, shall operate as a waiver of such rights, powers or privileges or otherwise prejudice any of the Bank's rights and remedies hereunder; nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege by the Bank. No right or remedy conferred upon or reserved to the Bank under this Agreement is
Nonwaiver; Remedies Cumulative. No course of dealing on the part of the Banks, nor any delay or failure on the part of the Banks in exercising any rights, powers or privileges hereunder or under any of the other Loan Documents, shall operate as a waiver of such rights, powers or privileges or otherwise prejudice any of the Banks' rights and remedies hereunder or under any of the other Loan Documents; nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege by the Banks. No right or remedy conferred upon or reserved to the Banks under this Agreement is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative and in addition to every other right or remedy given hereunder or thereunder or now or hereafter existing under any applicable law. Every right and remedy given by this Agreement or any of the Loan Documents or by applicable law to the Banks may be exercised from time to time and as often as may be deemed expedient by the Banks.
Nonwaiver; Remedies Cumulative. No covenant or condition of this Agreement can be waived except by the written consent of the party to be charged with such waiver. No waiver by Seller or Buyer of any event of default hereunder shall in any way be, or be construed to be, a waiver of any other or subsequent event of default. Forbearance or indulgence by Seller or Buyer in any regard whatsoever shall not constitute a waiver of the covenant or condition to be performed by Seller or Buyer to which such forbearance or indulgence may relate, and until complete performance by Seller or Buyer of such covenant or condition or the written waiver thereof by Seller or Buyer, Seller or Buyer shall be entitled to invoke any remedy available to Seller or Buyer under this Agreement or by law or in equity or otherwise despite such forbearance or indulgence.
