Common use of REMEDIES AND WAIVERS Clause in Contracts

REMEDIES AND WAIVERS. No failure by the Lender to exercise, nor any delay by the Lender in exercising, any right or remedy hereunder shall operate as a waiver 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 are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 15 contracts

Samples: Loan Agreement (Wimm Bill Dann Foods Ojsc), Loan Agreement (Open Joint Stock Co Vimpel Communications), Loan Agreement (Open Joint Stock Co Vimpel Communications)

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REMEDIES AND WAIVERS. No failure by the Lender to exercise, nor any delay by the Lender in exercising, on the part of the Agent, any Bank and the Security Trustee or any of them, any right or remedy hereunder shall operate as a waiver 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 are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 10 contracts

Samples: Senior Facility Agreement (General Maritime Corp), Junior Facility Agreement (General Maritime Corp), Junior Facility Agreement (General Maritime Corp)

REMEDIES AND WAIVERS. No failure by the Lender to exercise, nor any delay by the Lender in exercising, on the part of the Issuer or the Lender, any right or remedy hereunder shall operate as a waiver 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 are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 10 contracts

Samples: Expenses Loan Agreement (Barclaycard Funding PLC), Expenses Loan Agreement (Gracechurch Receivables Trustee LTD), Expenses Loan Agreement (Barclaycard Funding PLC)

REMEDIES AND WAIVERS. No failure by the Lender to exercise, exercise nor partial exercise nor any delay in exercising by the Lender in exercising, Beneficiary any right or and/or remedy hereunder under this Guarantee shall operate as a waiver thereofwaiver, nor shall any single or partial exercise of any right or and/or remedy prevent any further or other exercise thereof or the exercise of any other right or and/or remedy. The rights and remedies herein provided under this Guarantee are cumulative and not exclusive of any other rights or and/or remedies provided by lawunder any applicable law and/or the Agreement.

Appears in 6 contracts

Samples: Framework Agreement for the Subletting of Natural Gas Transmission Capacity, Framework Agreement for the Subletting of Natural Gas Transmission Capacity, Framework Agreement for the Subletting of Natural Gas Transmission Capacity

REMEDIES AND WAIVERS. 23.1 No failure by the Lender to exercise, nor any delay by the Lender in exercising, on the part of any party hereto, any right or remedy hereunder shall operate as a waiver 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. . 23.2 The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 5 contracts

Samples: Receivables Securitisation Agreement (Barclaycard Funding PLC), Receivables Securitisation Agreement (Barclaycard Funding PLC), Receivables Securitisation Agreement (Barclaycard Funding PLC)

REMEDIES AND WAIVERS. No failure by the Lender to exercise, nor any delay by the Lender in exercising, on the part of the Agent, the Arrangers and the Banks or any of them, any right or remedy hereunder shall operate as a waiver 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 are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 5 contracts

Samples: Multicurrency Revolving Credit and Sterling Acceptance Facility Agreement (Mbna Corp), Multicurrency Revolving Credit Facility Agreement (Mbna Corp), Multicurrency Revolving Credit Facility Agreement (Incentive Ab)

REMEDIES AND WAIVERS. No failure by the Lender to exercise, nor any delay by the Lender in exercising, on the part of the parties hereto, any right or remedy hereunder shall operate as a waiver 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 are cumulative and not exclusive exhaustive of any rights or remedies provided by law.

Appears in 4 contracts

Samples: Facility Agreement (Gazit-Globe LTD), Facility Agreement (Gazit-Globe LTD), Facility Agreement (Gazit-Globe LTD)

REMEDIES AND WAIVERS. No failure by the Lender to exercise, nor any delay by the Lender in exercising, on the part of the Lender, any right or remedy hereunder shall operate as a waiver 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 are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Samples: Revolving Facility Agreement (Ansaldo Signal Nv), Facility Agreement (International Wireless Communications Holdings Inc), Loan Agreement (Cityscape Financial Corp)

REMEDIES AND WAIVERS. No failure by the Lender to exercise, nor any delay by the Lender in exercising, on the part of the Agent and the Lenders or any of them, any right or remedy hereunder shall operate as a waiver 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 are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Samples: Supplemental Mezzanine Facility Agreement (Sportech PLC), Revolving Credit Facility Agreement (Nu Kote Holding Inc /De/), Revolving Credit Facility Agreement (Nu Kote Holding Inc /De/)

REMEDIES AND WAIVERS. No failure by the Lender to exercise, nor any delay by the Lender in exercising, on the part of any party hereto, any right or remedy hereunder shall operate as a waiver 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 are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Samples: Multicurrency Stand by Bridge Revolving Credit Agreement (Royal Ahold), Multicurrency Revolving Credit Agreement (Royal Ahold), Facility Agreement (Royal Ahold)

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

Appears in 3 contracts

Samples: Pledge Agreement (Hutchison Telecommunications International LTD), Pledge Agreement (Hutchison Telecommunications International LTD), Pledge Agreement (Hutchison Telecommunications International LTD)

REMEDIES AND WAIVERS. No failure by the Lender to exercise, nor any delay by the Lender in exercising, on the part of the Lender, any right or remedy hereunder under this Deed shall operate as a waiver thereofwaiver, 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 are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Samples: Deed of Guarantee and Indemnity (Ads-Tec Energy Public LTD Co), Deed of Guarantee and Indemnity (Ads-Tec Energy Public LTD Co), Deed of Guarantee and Indemnity (Ads-Tec Energy Public LTD Co)

REMEDIES AND WAIVERS. No failure by the Lender Beneficiary to exercise, nor any delay by the Lender Beneficiary in exercising, any right or remedy hereunder under this Guarantee shall operate as a waiver thereof, thereof nor shall any single or partial exercise of any such right or remedy prevent any further or other exercise thereof or the exercise of any other such right or remedy. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Shareholders Agreement (Dow Chemical Co /De/), Shareholder Agreement (Dow Chemical Co /De/)

REMEDIES AND WAIVERS. No failure by the Lender to exercise, nor any delay by the Lender in exercising, on the part of the Banks, or of the Borrower, of any right or remedy hereunder shall operate as a waiver 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 are cumulative and not exclusive exhaustive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Facility Agreement (Tower Semiconductor LTD), Facility Agreement (Tower Semiconductor LTD)

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

Appears in 2 contracts

Samples: Pledge (Idb Holding Corp LTD), Pledge (Elron Electronic Industries LTD /Ny/)

REMEDIES AND WAIVERS. No failure by the Lender to exercise, nor any delay by the Lender in exercising, on the part of the Agent, the Arrangers and the Lenders or any of them, any right or remedy hereunder shall operate as a waiver 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 are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Revolving Credit Facility Agreement (Nu Kote Holding Inc /De/), Revolving Credit Facility Agreement (Nu Kote Holding Inc /De/)

REMEDIES AND WAIVERS. 18.1 No failure by the Lender to exercise, nor any delay by the Lender in exercising, any right or remedy hereunder herein shall operate as a waiver 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 are cumulative and not exclusive of any rights or remedies provided by under the general law.

Appears in 2 contracts

Samples: Loan Agreement (Open Joint Stock Co Vimpel Communications), Loan Agreement (Open Joint Stock Co Vimpel Communications)

REMEDIES AND WAIVERS. No failure by the Lender to exercise, nor any delay by the Lender in exercising, on the part of any Holder, any right or remedy hereunder under this Guarantee shall operate as a waiver thereofwaiver, 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 Guarantee are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Guarantee, Guarantee

REMEDIES AND WAIVERS. No failure by the Lender to exercise, nor any delay by the Lender in exercising, any right or remedy hereunder shall operate as a waiver 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 are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Facility Agreement (Gold Fields LTD), Facility Agreement (Gold Fields LTD)

REMEDIES AND WAIVERS. No failure by the Lender to exercise, nor any delay by the Lender in exercising, on the part of the Bank any right or remedy hereunder shall operate as a waiver 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 are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Revolving Credit Facility Agreement (Capital One Financial Corp), Guarantee Facility Agreement (Maxtor Corp)

REMEDIES AND WAIVERS. No failure by the Lender to exercise, nor any delay by the Lender in exercising, on the part of the Finance Parties or any of them, any right or remedy hereunder shall operate as a waiver 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 are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Second Secured Facility Agreement (Primacom Ag), Facility Agreement (Primacom Ag)

REMEDIES AND WAIVERS. No failure by the Lender to exercise, nor any delay by the Lender in exercising, on the part of any party hereto, any right or remedy hereunder shall operate as a waiver 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 are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Receivables Securitisation Deed (Arran Funding LTD), Receivables Securitisation Deed (Arran Funding LTD)

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

Appears in 2 contracts

Samples: Subscription Agreement (LeddarTech Holdings Inc.), Subscription Agreement (Prospector Capital Corp.)

REMEDIES AND WAIVERS. 22.1 No failure by the Lender to exercise, nor any delay by the Lender in exercising, on the part of any party hereto, any right or remedy hereunder shall operate as a waiver 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. . 22.2 The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Receivables Securitisation Deed (Turquoise Receivables Trustee LTD), Receivables Securitisation Deed

REMEDIES AND WAIVERS. No failure by the Lender to exercise, nor any delay by the Lender in exercising, on the part of the Lender, any right or remedy hereunder shall operate as a waiver 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 Save as otherwise expressly provided herein the rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Loan Agreement (Ocwen Financial Corp), Loan Agreement (Ocwen Financial Corp)

REMEDIES AND WAIVERS. No Neither the failure by the Lender to exercise, exercise nor any delay by in exercising on the part of the Lender in exercising, any right or remedy hereunder shall operate as a waiver 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 are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Debenture (Astrata Group Inc)

REMEDIES AND WAIVERS. No failure by the Lender to exercise, nor any delay by the Lender in exercising, on the part of the Agents, the Arrangers and the Banks or any of them, any right or remedy hereunder shall operate as a waiver 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 are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Multicurrency Multi Option Facility Agreement (Pearson Merger Co Inc)

REMEDIES AND WAIVERS. No failure by the Lender to exercise, nor any delay by the Lender in exercising, on the part of the Borrower or the Lender, any right or remedy hereunder shall operate as a waiver 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 are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Parent Loan Agreement

REMEDIES AND WAIVERS. No failure by the Lender to exercise, nor any delay by the Lender in exercising, on the part of the Lender, any right or remedy hereunder shall operate as a waiver 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 are cumulative and not exclusive of any rights or remedies provided by law.partial

Appears in 1 contract

Samples: Loan Agreement (Cityscape Financial Corp)

REMEDIES AND WAIVERS. No failure by the Lender to exercise, nor any delay by the Lender in exercising, any right or remedy hereunder shall operate as a waiver 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 are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Ancillary Agreement

REMEDIES AND WAIVERS. 26.1 No failure by the Lender to exercise, nor any delay by the Lender in exercising, on the part of any party hereto, any right or remedy hereunder shall operate as a waiver 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. . 26.2 The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Asset Backed Loan Agreement (Memec Inc)

REMEDIES AND WAIVERS. 19.1 No failure by the Lender to exercise, nor any delay by the Lender in exercising, on the part of any party hereto, any right or remedy hereunder shall operate as a waiver 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. . 19.2 The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (WABCO Holdings Inc.)

REMEDIES AND WAIVERS. No failure by the Lender to exercise, exercise nor any delay by in exercising on the Lender in exercisingpart of the Lender, any right or remedy hereunder shall operate as a waiver 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 are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Working Capital Loan Agreement (Linktone LTD)

REMEDIES AND WAIVERS. No failure by the Lender to exercise, nor any delay by the Lender in exercising, on the part of the Agents, the Arranger and the Participating Banks or any of them, any right or remedy hereunder shall operate as a waiver 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 are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Facility Agreement (Partner Communications Co LTD)

REMEDIES AND WAIVERS. No failure by the Lender to exercise, nor any delay by the Lender in exercising, on the part of the Pledgee any right or remedy hereunder shall operate as a waiver 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 are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Mortgage and Pledge Agreement (Hungarian Telephone & Cable Corp)

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