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, and no waiver or consent, given or extended pursuant to Section 7 hereof or otherwise, shall extend to or affect any obligation or right not expressly waived or consented to.
Appears in 4 contracts
Samples: Note Agreement (Family Restaurants), Note Agreement (Prandium Inc), Note Agreement (Metawave Communications Corp)
Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of any Note Debenture 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 of further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any Note Debenture are cumulative to and are not exclusive of any rights or remedies any such holder would otherwise have, and no waiver or consent, given or extended pursuant to Section 7 hereof or otherwiseArticle VIII hereof, shall extend to or affect any obligation or right not expressly waived or consented to.
Appears in 4 contracts
Samples: Debenture Purchase Agreement (Environmental Tectonics Corp), Debenture Purchase Agreement (Teltronics Inc), Debenture Purchase Agreement (Berger Holdings LTD)
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, and no waiver or consent, given or extended pursuant to Section 7 hereof or otherwisehereof, shall extend to or affect any obligation or right not expressly waived or consented to.
Appears in 4 contracts
Samples: Note Agreement (AbitibiBowater Inc.), Note Agreement (Standard Motor Products Inc), 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, and no waiver or consent, given or extended pursuant to Section 7 8 hereof or otherwise, shall extend to or affect any obligation or right not expressly waived or consented to.
Appears in 3 contracts
Samples: Note Agreement (Nash Finch Co), Note Agreement (Nash Finch Co), Note Agreement (Nash Finch Co)
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, and no waiver or consent, given or extended pursuant to Section 7 hereof or otherwisethe provisions of this Agreement, shall extend to or affect any obligation or right not expressly waived or consented to.
Appears in 3 contracts
Samples: Note Agreement (Soy Environmental Products Inc), Note Agreement (Solpower Corp), Note Agreement (Soy Environmental Products 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 and are not exclusive of any rights or remedies any such holder would otherwise have, and no waiver or consent, given or extended pursuant to Section 7 hereof or otherwise7, shall extend to or affect any obligation or right not expressly waived or consented to.
Appears in 3 contracts
Samples: Note Agreement (Johnson Worldwide Associates Inc), Note Purchase Agreement (Kmart Corp), Note Agreement (Johnson Worldwide Associates 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 and are not exclusive of any rights or remedies any such holder would otherwise have, and no waiver or consent, given or extended pursuant to Section 7 hereof or otherwisess.7 hereof, shall extend to or affect any obligation or right not expressly waived or consented to.
Appears in 3 contracts
Samples: Note Agreement (Professional Lease Management Income Fund I LLC), Note Agreement (Petroleum Heat & Power Co Inc), Note Agreement (PLM Equipment Growth Fund)
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 the Note are cumulative to and are not exclusive of any rights or remedies any such holder would otherwise have, and no waiver or consent, given or extended pursuant to Section 7 hereof or otherwisehereof, shall extend to or affect any obligation or right not expressly waived or consented to.
Appears in 2 contracts
Samples: Note Agreement (Standard Management Corp), 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; 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 . 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, and no waiver or consent, given or extended pursuant to Section 7 hereof or otherwisehereunder, shall extend to or affect any obligation or right not expressly waived or consented to.
Appears in 1 contract
Samples: Loan Agreement (Bikers Dream 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 and are not exclusive of any rights or remedies any such holder would otherwise have, and no waiver or consent, given or extended pursuant to Section 7 hereof or otherwisehereof, shall extend to or affect any obligation or right not expressly waived or consented to.
Appears in 1 contract
Samples: Purchase Agreement (Worldcorp Inc)
Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of any Note Debenture 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 . The rights and remedies of the holder of any Note Debenture are cumulative to and are not exclusive of any rights or remedies any such holder would otherwise have, and no waiver or consent, given or extended pursuant to Section 7 hereof or otherwisehereunder, shall extend to or affect any obligation or right not expressly waived or consented to.
Appears in 1 contract
Samples: Debenture Purchase Agreement (Compass Plastics & Technologies 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 and are not exclusive of any rights or remedies any such holder would otherwise have, and no waiver or consent, given or extended pursuant to Section 7 hereof or otherwisehereof, shall extend to or affect any obligation or right not expressly waived or consented to.
Appears in 1 contract
Samples: Financial Federal 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, and no waiver or consent, given or extended pursuant to Section 7 hereof or otherwisehereof, shall extend to or affect any obligation or right not expressly waived or consented to.
Appears in 1 contract
Samples: Note Agreement (Spartan Stores Inc)
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, and no waiver or consent, given or extended pursuant to Section §7 hereof or otherwisehereof, shall extend to or affect any obligation or right not expressly waived or consented to.
Appears in 1 contract
Samples: Note Agreement (Quad/Graphics, 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 and are not exclusive of any rights or remedies any such holder would otherwise have, and no waiver or consent, given or extended pursuant to Section 7 hereof or otherwisehereof, shall extend to or affect any obligation or right not expressly waived or consented to.
Appears in 1 contract
Samples: Omniquip International 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 and are not exclusive of any rights or remedies any such holder would otherwise have, and no waiver or consent, given or extended pursuant to Section 7 hereof 10 or otherwise, shall extend to or affect any obligation or right not expressly waived or consented to.
Appears in 1 contract
Samples: Note Purchase Agreement (National Auto Finance Co 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, right and the rights and remedies of the holder of any the Note are cumulative to and are not exclusive of any rights or remedies any such holder would otherwise have, and no waiver or consent, given or extended pursuant to Section SECTION 7 hereof or otherwisehereof, shall extend to or affect any obligation or right not expressly waived or consented to.
Appears in 1 contract
