Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of any 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 of further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any 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 Article 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 (Berger Holdings LTD), Debenture Purchase Agreement (Teltronics Inc), Debenture Purchase Agreement (Environmental Tectonics Corp)
Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of any Debenture 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 of or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any Debenture 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 Article VIII Section 7 hereof, 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 Purchase Agreement (Kmart Corp), Note Purchase Agreement (Kmart Corp)
Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of any Debenture 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 of or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any Debenture 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 Article VIII hereofSection 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 (Metawave Communications Corp), Note Agreement (Prandium Inc), Note Agreement (Family Restaurants)
Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of any Debenture 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 of or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any Debenture 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 Article VIII hereofthe 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), Private Placement Memorandum (Soy Environmental Products Inc)
Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of any Debenture 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 of or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any Debenture 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 Article VIII hereof, Section 8 hereof 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 Debenture 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 of or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any Debenture 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 Article VIII hereofSection 7, shall extend to or affect any obligation or right not expressly waived or consented to.
Appears in 3 contracts
Samples: Note Purchase Agreement (Kmart Corp), Note Agreement (Johnson Worldwide Associates Inc), 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 Debenture 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 of or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any Debenture 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 Article VIII ss.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 Debenture 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 of or further exercise thereof, or the exercise of any other power or right, right and the rights and remedies of the holder of any Debenture 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 Article VIII Section 7 hereof, 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 Debenture 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 of or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any Debenture 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 Article VIII Section 7 hereof, shall extend to or affect any obligation or right not expressly waived or consented to.
Appears in 1 contract
Samples: Subordinated Note Agreement (Omniquip International Inc)
Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of any Debenture 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 of or further exercise thereof, ; or the exercise of any other power or right, and the . The rights and remedies of the holder of any Debenture 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 Article VIII hereofhereunder, 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 Debenture 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 of or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any Debenture 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 Article VIII Section 7 hereof, 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 Debenture 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 of or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any Debenture 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 Article VIII 7 hereof, 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 Debenture 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 of or further exercise thereof, or the exercise of any other power or right, right and the rights and remedies of the holder of any Debenture 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 Article VIII SECTION 7 hereof, shall extend to or affect any obligation or right not expressly waived or consented to.
Appears in 1 contract
Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of any Debenture 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 of or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any Debenture 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 Article VIII hereofSection 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 Debenture 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 of or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any Debenture 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 Article VIII 7 hereof, shall extend to or affect any obligation or right not expressly waived or consented to.
Appears in 1 contract
Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of any 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 of or further exercise thereof, or the exercise of any other power or right, and the . The rights and remedies of the holder of any 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 Article VIII hereofhereunder, 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)
