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 the New 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 the New 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 IX hereof, shall extend to or affect any obligation or right not expressly waived or consented to.

Appears in 2 contracts

Samples: Exchange Agreement (Berger Holdings LTD), Exchange Agreement (Argosy Investment Partners Lp)

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Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of the New 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 rights and remedies of the holder of the New 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 IX VIII hereof, shall extend to or affect any obligation or right not expressly waived or consented to.

Appears in 1 contract

Samples: Debenture Purchase Agreement (Altris Software Inc)

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Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of the New 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 the New 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 IX X hereof, shall extend to or affect any obligation or right not expressly waived or consented to.

Appears in 1 contract

Samples: Debenture Purchase Agreement (Teltronics Inc)

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