Common use of REMEDIES AND WAIVERS Clause in Contracts

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 363 contracts

Samples: Amendment and Restatement Agreement (DHT Holdings, Inc.), Loan Agreement (Kosmos Energy Ltd.), Revolving Credit Facility Agreement (Kosmos Energy Ltd.)

AutoNDA by SimpleDocs

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Partythe Lender, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 60 contracts

Samples: Revolving Credit Facility Agreement (Lesaka Technologies Inc), Term Facility Agreement (Grindrod Shipping Holdings Ltd.), Term Facility Agreement (Grindrod Shipping Holdings Ltd.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or Secured Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 57 contracts

Samples: Senior Facilities Agreement (Atlas Investissement), Senior Facilities Agreement (Atlas Investissement), Notes Purchase Agreement (Membership Collective Group Inc.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents on the part of any Finance Party shall any be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 41 contracts

Samples: Bridge Facility Agreement (Smurfit WestRock LTD), Facility Agreement (Alibaba Group Holding LTD), Facility Agreement

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the a Finance Documents Document shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 32 contracts

Samples: Secured Loan Agreement (Teekay LNG Partners L.P.), Secured Term Loan Facility Agreement (Teekay Tankers Ltd.), Secured Credit Facility (Teekay Offshore Partners L.P.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, exercising on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 29 contracts

Samples: Senior Secured Term Loan Facility Agreement, Senior Secured Credit Facility Agreement, Second Supplemental Agreement (KNOT Offshore Partners LP)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the Finance Parties or any Finance Partyof them, any right or remedy under the Finance Documents this Agreement shall operate as a waiverwaiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by lawLaw.

Appears in 22 contracts

Samples: Senior Facilities Agreement (Liberty Global PLC), Fleet Financing Facility Agreement (Avis Budget Group, Inc.), Acquisition Facilities Agreement (Liberty Global PLC)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Secured Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 12 contracts

Samples: Facility Agreement (Marine Harvest ASA), Facility Agreement (Marine Harvest ASA), Facility Agreement (Marine Harvest ASA)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance PartySecured Party or the Arranger, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 10 contracts

Samples: Standby Letter of Credit Facility Agreement (Validus Holdings LTD), Pre Export Finance Agreement (Votorantim Pulp & Paper Inc), Pre Export Finance Agreement (Votorantim Pulp & Paper Inc)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance PartySecured Party or the Mandated Lead Arranger, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 10 contracts

Samples: Facility Agreement (Kronos Worldwide Inc), Third Amendment Agreement (Kronos International Inc), Fifth Amendment Agreement (Kronos International Inc)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Partythe Lender, any right or remedy under the a Finance Documents Document shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 10 contracts

Samples: Secured Loan Agreement (Poseidon Containers Holdings Corp.), Secured Loan Agreement (Paragon Shipping Inc.), Credit Facility Agreement (Safe Bulkers, Inc.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiverwaiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy. The rights and remedies herein provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 10 contracts

Samples: Credit Agreement (NTL Communications Corp), Credit Agreement (NTL Inc/De/), Credit Agreement (NTL Delaware Inc)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents hereunder shall operate as a waiverwaiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy. The rights and remedies herein provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 8 contracts

Samples: Exhibit Agreement (Ace LTD), Credit Agreement (Ace LTD), Credit Agreement (Ace LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement the Finance Documents are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 7 contracts

Samples: Debtor in Possession Credit Agreement (Eagle Bulk Shipping Inc.), Facility Agreement (Hoegh LNG Partners LP), Loan Facility Agreement (Navigator Holdings Ltd.)

REMEDIES AND WAIVERS. No failure to exercise, exercise nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 6 contracts

Samples: Senior Facility Agreement (International Game Technology PLC), Loan Agreement (International Game Technology PLC), Loan Agreement (International Game Technology PLC)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Financing Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 6 contracts

Samples: Syndicated Credit Agreement, Credit Agreement (France Telecom /), Credit Agreement (France Telecom /)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by lawlaw or regulation.

Appears in 6 contracts

Samples: Facilities Agreement (Cemex Sab De Cv), Acquisition Facilities Agreement (Cemex Sa De Cv), Facilities Agreement (Cemex Sab De Cv)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Interim Finance Party, any right or remedy under the Finance Documents hereunder shall operate as a waiverwaiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy. The rights and remedies herein provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 5 contracts

Samples: Commitment Letter, Commitment Letter (Atlas Investissement), Interim Facilities Agreement (Quanex Building Products CORP)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, Party or Secured Party any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 5 contracts

Samples: Facilities Agreement (Sappi LTD), Credit Agreement (Sappi LTD), Amending Agreement (Sappi LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 5 contracts

Samples: Amendment and Restatement Agreement (Atlas Investissement), Convertible Loan and Investment Agreement (Oak Ridge Energy Technologies, Inc.), Restatement Agreement (Votorantim Pulp & Paper Inc)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Partythe Lender, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement the Finance Documents are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 4 contracts

Samples: Loan Agreement (Kenon Holdings Ltd.), Additional Undertaking Agreement (Kenon Holdings Ltd.), Loan Agreement (Kenon Holdings Ltd.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any of the Finance PartyParties or the Arranger, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 4 contracts

Samples: Facilities Agreement (Octel Corp), Multicurrency Revolving Facility Agreement (Innospec Inc.), Facilities Agreement (Innospec Inc.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the Relevant Finance Parties or any Finance Partyof them, any right or remedy under the Finance Documents this Agreement shall operate as a waiverwaiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by lawLaw.

Appears in 4 contracts

Samples: Senior Facilities Agreement (VMWH LTD), Senior Facilities Agreement (Virgin Media Inc.), Senior Facilities Agreement (Virgin Media Inc.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by lawLaw.

Appears in 4 contracts

Samples: Term Loan Facility Agreement, Term Loan Facility Agreement (Sibanye Gold LTD), Term Facility Agreement (Coeur D Alene Mines Corp)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Partythe Issuing Bank, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 4 contracts

Samples: Letter of Credit Facility Agreement (Tower Group International, Ltd.), Multicurrency Letter of Credit Facility Agreement (Flagstone Reinsurance Holdings, S.A.), Multicurrency Letter of Credit Facility Agreement (Aspen Insurance Holdings LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Partythe Lender, any right or remedy available to it under the Finance Documents or otherwise shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement the Finance Documents are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Samples: Loan Agreement (American Realty Capital Global Trust, Inc.), Term Loan Facility Agreement (American Realty Capital Global Trust, Inc.), Loan Agreement (American Realty Capital Global Trust, Inc.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or Secured Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Samples: Term Facility Agreement (Manchester United PLC), Term Facility Agreement (Manchester United PLC), Revolving Facilities Agreement (Manchester United Ltd.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by lawlaw or regulation.

Appears in 3 contracts

Samples: Facilities Agreement (Cemex Sab De Cv), Facilities Agreement (Cemex Sab De Cv), Facilities Agreement (Cemex Sa De Cv)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the Agent and/or any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Samples: Facility Agreement (Sappi LTD), Facility Agreement (Sappi LTD), Facility Agreement (Sappi LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or Secured Party, any right or remedy under the New Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by lawlaw or regulation.

Appears in 3 contracts

Samples: Financing Agreement, Financing Agreement (Cemex Sab De Cv), Financing Agreement (Cemex Sab De Cv)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance PartyLender, any right or remedy under the Finance Documents shall operate as a waiver, nor shall waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No single or partial exercise of any right or remedy shall prevent any further or other exercise thereof or the exercise of any other right or remedy. The rights and remedies herein provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Samples: Standby Letter of Credit Facility (HCC Insurance Holdings Inc/De/), Standby Letter of Credit Facility (HCC Insurance Holdings Inc/De/), $90,000,000 Standby Letter of Credit Facility (HCC Insurance Holdings Inc/De/)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Samples: Senior Facilities Agreement (Sirona Dental Systems, Inc.), Senior Facility Agreement (Spansion Inc.), Senior Facilities Agreement (Sirona Dental Systems, Inc.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Partythe Bank, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Samples: Letter of Credit Facility Agreement (Axis Capital Holdings LTD), Letter of Credit Facility Agreement (Endeavour International Corp), Facilities Agreement (Ebookers PLC)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the any Finance Documents Document shall operate as a waiverwaiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy. The rights and remedies provided herein and in this Agreement the Finance Documents are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Samples: Term Loan Agreement (Genesys Sa), Senior Term Facility Agreement (United Surgical Partners International Inc), Senior Term Facility Agreement (United Surgical Partners International Inc)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Transaction Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Samples: PDP Facility Agreement (Allegiant Travel CO), Facility Agreement (Avolon Holdings LTD), Facility Agreement (Avolon Holdings LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.. 35 Amendments and Waivers

Appears in 3 contracts

Samples: Term Facility Agreement (Luxottica Group Spa), Bridge Facility Agreement (Luxottica Group Spa), Loan Agreement (Luxottica Group Spa)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or Secured Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement and in the other Finance Documents are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Term and Revolving Facilities Agreement (International Textile Group Inc), Term and Revolving Facilities Agreement (International Textile Group Inc)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Senior Finance Party, any right or remedy under the Finance Operative Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Senior Loan Facility Agreement (AerCap Holdings N.V.), Senior Loan Facility Agreement (AerCap Holdings N.V.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the Agent or any Finance PartyLender, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Facility Agreement (Salton Inc), Facility Agreement (Salton Inc)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Partythe Lender, any right or remedy under the Finance Documents shall operate as a waiver, nor shall waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Subscription Loan Agreement (Rockwood Holdings, Inc.), Loan Agreement (Rockwood Holdings, Inc.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Secured Party, any right or remedy under the Finance Documents shall will operate as a waiver, nor shall will any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement Deed are cumulative and not exclusive of any rights or remedies provided by lawlaw and may be waived only in writing and specifically.

Appears in 2 contracts

Samples: Company Debenture, Parent Share Mortgage

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Senior Finance Party or Secured Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Senior Facilities Agreement (Atlatsa Resources Corp), Senior Term Loan and Revolving Facilities Agreement (Atlatsa Resources Corp)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance PartyParty or the Arranger, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: £110,000,000 Standby Letter of Credit Facility Agreement (Montpelier Re Holdings LTD), Standby Letter of Credit Facility Agreement (Montpelier Re Holdings LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (Hanover Insurance Group, Inc.), Multicurrency Revolving Facility Agreement (Reuters Group PLC /Adr/)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.. LD943539/9

Appears in 2 contracts

Samples: Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC), Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents or Company Parent Guarantees shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Multicurrency Term and Revolving Facilities and Subscription Agreement (BHP Billiton LTD), Facility and Subscription Agreement (BHP Billiton PLC)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Financing Party, any right or remedy under the Finance Financing Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by lawLaw.

Appears in 2 contracts

Samples: Credit Agreement (Western Goldfields Inc), Credit Agreement (New Gold Inc. /FI)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance PartyInvestor, any right or remedy under the Finance Documents shall will operate as a waiver, nor shall will any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by lawlaw and may be waived only in writing and specifically.

Appears in 2 contracts

Samples: Subscription Agreement, Subscription Agreement

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.. LD857960/50

Appears in 2 contracts

Samples: Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC), Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.. Freehills Melbourne 004501949 page 75

Appears in 1 contract

Samples: Facility Agreement (Mayne Group LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall will operate as a waiver, nor shall will any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement Deed are cumulative and not exclusive of any rights or remedies provided by lawlaw and may be waived only in writing and specifically.

Appears in 1 contract

Samples: Account Charge (eHi Car Services LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Expanded Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Facility Agreement (Sunday Communications LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Facility Agreement (WABCO Holdings Inc.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Partythe Lender or the Security Trustee, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Senior Secured Revolving Loan Facility Agreement (DHT Holdings, Inc.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents or Deed Poll Guarantees shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Amendment Agreement (BHP Billiton PLC)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement and the other Finance Documents are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Sunrise Senior Living Inc)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Partythe Lender, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by lawApplicable Law.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Sedibelo Platinum Mines LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the 64 Simmons & Simmons exercise of any other right or remedy. The rights and remedies xxxxxx anx xxxxxies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Facility Agreement (PCCW LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Secured Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.. A07131148/0.28/12 Dec 2006

Appears in 1 contract

Samples: Facility Agreement (Allied Healthcare International Inc)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay whatsoever in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Facility Agreement (Central European Distribution Corp)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.. 76

Appears in 1 contract

Samples: Facility Agreement (Enodis PLC)

AutoNDA by SimpleDocs

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Partya Lender, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Facility Agreement (Best Buy Co Inc)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, Party or Mandated Lead Arranger any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Loan Agreement (Hanarotelecom Inc)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance PartySecured Party or any Arranger, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Pre Export Finance Agreement (Votorantim Pulp & Paper Inc)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Partythe Lender, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.. HRBN - Term Loan Facility Agreement

Appears in 1 contract

Samples: Term Loan Facility Agreement (Harbin Electric, Inc)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, Party any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Term Loan Facility Agreement (Sappi LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.. 12.5

Appears in 1 contract

Samples: Term Facility Agreement

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law. 37.

Appears in 1 contract

Samples: Credit Facility Agreement (Gold Fields LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any exercise and no delay in exercising, on the part of any an Interim Finance Party, any right right, power or remedy under the Finance Documents this Guarantee or arising by law shall operate as a waiverwaiver thereof, nor shall any single or partial exercise of any right such right, power or remedy prevent preclude any further or other exercise thereof or the exercise of any other right such right, power or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Guarantee

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance PartyParty , any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Facility Agreement (Reckitt Benckiser Group PLC)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance PartySecured Party or the Arranger, any right or remedy under the Finance Documents shall operate as a waiver, nor shall waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies herein provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Validus Holdings LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Bridge Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Bridge Facility Agreement (Nordic Telephone CO ApS)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Term and Revolving Facilities Agreement (ShangPharma Corp)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Secured Party or Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by lawlaw or regulation.

Appears in 1 contract

Samples: Secured Bridge Facility Agreement (Cemex Sab De Cv)

REMEDIES AND WAIVERS. (a) No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement Deed are cumulative cumulative, may be exercised as often as necessary and are not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Receivables Financing Agreement (Best Buy Co Inc)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance PartyParty or the Arrangers, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Secured Facilities Agreement (Grohe Holding GMBH)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Facilities Agreement (Signet Group PLC)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and and, unless provided otherwise, not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Facility Agreement (Commercial Metals Co)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other LD857960/38 right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, exercising on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law. 31.

Appears in 1 contract

Samples: Loan Agreement (B Plus H Ocean Carriers LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any 11/11665581 137 single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Borrowing Base Facility Agreement (Transglobe Energy Corp)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance PartyLender or the Agent, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Facility Agreement (Sterlite Industries (India) LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any of the Finance PartyParties or the Arranger, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.. Table of Contents

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Octel Corp)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance PartyParticipating Creditor, any right or remedy under the Finance Documents any document in relation to any Debt shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Restructuring Support Agreement

REMEDIES AND WAIVERS. 30.1 No failure to exercise, nor any delay in exercising, on the part of any a Finance Party, any right or remedy under the a Finance Documents shall Document will operate as a waiverwaiver of any such right or remedy, nor shall will any single or partial exercise of any right or remedy prevent any further or other exercise of that right or remedy or the exercise of any other right or remedy. . 30.2 The rights and remedies provided in this Agreement of the Finance Parties under the Finance Documents are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Revolving Credit Agreement (Shurgard Storage Centers Inc)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedyright. The remedies and other rights and remedies provided in this Agreement the Finance Documents are cumulative and not exclusive of any remedies and other rights or remedies provided by law.

Appears in 1 contract

Samples: Facility Agreement (Corporate Property Associates 16 Global Inc)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance PartySecured Party or the Mandated Lead Arrangers, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Amendment Agreement (Citigroup Inc)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, waiver nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Facilities Agreement (Corporate Property Associates 17 - Global INC)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law. 37.

Appears in 1 contract

Samples: Second Supplemental Facility Agreement (Paradigm Ltd.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Partythe Lender, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Term Loan Facility Agreement (Sterlite Industries (India) LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance PartySecured Party or the Arrangers, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law. 37.

Appears in 1 contract

Samples: Secured Facility Agreement (SBS Broadcasting S A)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance PartySecured Party or the Arranger, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise waiver of any such right or remedy prevent or constitute an election to affirm any further or other exercise or of the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.Finance

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Validus Holdings LTD)

REMEDIES AND WAIVERS. 44.1 No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Restructuring Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Restructuring Agreement (Danaos Corp)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or Secured Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement Deed are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Loan Note Agreement (Weather Investments II S.a.r.l.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.. Table of Contents

Appears in 1 contract

Samples: Syndicated Multicurrency Term Loan Facility Agreement (Sap France S.A.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, Senior Secured Party any right or remedy under the any Senior Finance Documents Document shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement Deed are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Ormat Equity Support Deed (Ormat Technologies, Inc.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Partyparty, any right or remedy under the any Finance Documents Document shall operate as a waiverwaiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy. The rights and remedies provided herein and in this Agreement the Finance Documents are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Senior Credit Agreement (Transworld Healthcare Inc)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law. 34.

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (Gold Fields LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.. Common Terms Agreememt_Execution

Appears in 1 contract

Samples: Common Terms Agreement (Harmony Gold Mining Co LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiverwaiver of or constitute an election to affirm any Finance Document, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Super Senior Revolving Credit Facilities Agreement (Atento S.A.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!