Common use of Powers and Rights Not Waived; Remedies Cumulative Clause in Contracts

Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of any Note in the exercise of any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of the same preclude any other or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any Note are cumulative to, and are not exclusive of, any rights or remedies any such holder would otherwise have.

Appears in 28 contracts

Samples: Note Agreement (SJW Corp), Note Purchase and Private Shelf Agreement (Universal Forest Products Inc), Loan Agreement (Kansas City Southern)

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Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder Holder of any Note in the exercise of any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of the same preclude any other or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder Holder of any Note are cumulative to, and are not exclusive of, any rights or remedies any such holder Holder would otherwise have.

Appears in 8 contracts

Samples: Note Agreement (Allied Capital Corp), Note Agreement (Allied Capital Corp), Note Agreement (Allied Capital Corp)

Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of any Note Holder in the exercise of any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of the same preclude any other or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any Note each Holder are cumulative to, and are not exclusive of, any rights or remedies any such holder Holder would otherwise have.

Appears in 5 contracts

Samples: Financing Agreement (Allied Holdings Inc), Note Agreement (Berkshire Gas Co /Ma/), Note Agreement (Semco Energy Inc)

Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of any the Note in the exercise of any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of the same preclude any other or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any the Note are cumulative to, to and are not exclusive of, of any rights or remedies any such holder would otherwise have, and no waiver or consent shall extend to or affect any obligation or right not expressly waived or consented to.

Appears in 3 contracts

Samples: Note Purchase Agreement (Seaport Entertainment Group Inc.), Note Purchase Agreement (Blue Ridge Real Estate Co), Note Purchase Agreement (Blue Ridge Real Estate Co)

Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of any Note in the exercise of any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of the same preclude any other or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any Note are cumulative to, to and are not exclusive of, of any rights or remedies any such holder would otherwise have., and no waiver or consent, given or extended pursuant to Section 7, shall extend to

Appears in 1 contract

Samples: Note Purchase Agreement (Kmart Corp)

Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of any Note in the exercise of any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of the same preclude any other or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any Note are cumulative to, and are not exclusive of, any rights or remedies any such holder would otherwise have.. -30- 34 Allied Capital Corporation Note Agreement

Appears in 1 contract

Samples: Note Agreement (Allied Capital Corp)

Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of any the Note in the exercise of any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of the same preclude any other or further exercise thereof, or the exercise of any other power or right, right and the rights and remedies of the holder of any Note are cumulative to, and are not exclusive of, any rights or remedies any such holder would otherwise have.the

Appears in 1 contract

Samples: Note Agreement (Standard Management Corp)

Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of any Note in the exercise of any power or right shall operate as a waiver thereof; thereof nor shall any single or partial exercise of the same preclude any other or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any Note are cumulative to, and are not exclusive of, any rights or remedies any such holder would otherwise have.

Appears in 1 contract

Samples: Note Agreement (Dollar Tree Stores Inc)

Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder Holder of any Note in the exercise of any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of the same preclude any other or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder Allied Capital Corporation Note Agreement Holder of any Note are cumulative to, and are not exclusive of, any rights or remedies any such holder Holder would otherwise have.

Appears in 1 contract

Samples: Note Agreement (Allied Capital Corp)

Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of any Note in the exercise of any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of the same preclude any other or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any Note are cumulative to, and are not exclusive of, of any rights or remedies any such holder would otherwise have, and no waiver or consent shall extend to or affect any obligation or right not expressly waived or consented to.

Appears in 1 contract

Samples: Note Purchase Agreement (Pentair Inc)

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Powers and Rights Not Waived; Remedies Cumulative. No delay -------------------------------------------------------------- or failure on the part of the holder of any Note in the exercise of any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of the same preclude any other or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any Note are cumulative to, and are not exclusive of, any rights or remedies any such holder would otherwise have.

Appears in 1 contract

Samples: Note Agreement (U S Rentals Inc)

Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder Holder of any Senior Note in the exercise of any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of the same preclude any other or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder Holder of any Senior Note are cumulative to, and are not exclusive of, any rights or remedies any such holder Holder would otherwise have.

Appears in 1 contract

Samples: Note Agreement (Allied Capital Corp)

Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of any Note in the exercise of any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of the same preclude any other or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any Note are cumulative to, and are not exclusive of, any rights or remedies any such holder would otherwise have.. XX/XX Xxxxxxxxxxxxx, Inc. Note Agreement

Appears in 1 contract

Samples: Note Agreement (Bwip Inc)

Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of any Note in the exercise of any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of the same preclude any other or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any Note are cumulative to, to and are not exclusive of, of any rights or remedies any such holder would otherwise have. .

Appears in 1 contract

Samples: Note Agreement (World Acceptance Corp)

Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of any Note in the exercise of any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of the same preclude any other or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any Note are cumulative to, and are not exclusive of, any rights or remedies any such holder would otherwise have. .c2.

Appears in 1 contract

Samples: Note Agreement (Carter Wallace Inc /De/)

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