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 the Lender, any right or remedy under this Agreement shall operate as a waiver of any such right or remedy or constitute an election to affirm this Agreement. No election to affirm this Agreement on the part of the Lender shall 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 4 contracts

Samples: Shareholder Loan Agreement, Shareholder Loan Agreement, Revolving Credit Facility Agreement (Fresenius Medical Care AG & Co. KGaA)

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

Appears in 4 contracts

Samples: Line of Credit Agreement (Ener1 Inc), Line of Credit Agreement (Ener1 Inc), Line of Credit Agreement (Ener1 Inc)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the LenderDebt Guarantor, any right or remedy under this Agreement shall operate as a waiver of waiver, nor shall any such right or remedy or constitute an election to affirm this Agreement. No election to affirm this Agreement on the part of the Lender shall 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 4 contracts

Samples: Shareholder Guarantee, Cession and Pledge Agreement (Net 1 Ueps Technologies Inc), Subordination Agreement (Net 1 Ueps Technologies Inc), Guarantee, Cession and Pledge Agreement (Net 1 Ueps Technologies Inc)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the LenderLenders, any right or remedy under this Agreement shall operate as a waiver of waiver, nor shall any such right or remedy or constitute an election to affirm this Agreement. No election to affirm this Agreement on the part of the Lender shall 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 4 contracts

Samples: Fixed Rate Convertible Shareholder Loan Facility, Fixed Rate Convertible Shareholder Loan Facility, Fixed Rate Convertible Shareholder Loan Facility

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

Appears in 4 contracts

Samples: Revolving Line of Credit Agreement (Ener1 Inc), Revolving Line of Credit Agreement (Ener1 Inc), Line of Credit Agreement (Ener1 Inc)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the Lender, exercising any right or remedy under this Agreement shall operate as a waiver of waiver, nor shall any such right or remedy or constitute an election to affirm this Agreement. No election to affirm this Agreement on the part of the Lender shall 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 3 contracts

Samples: Debt Restructuring Agreement (Invitel Holdings a/S), Debt Restructuring Agreement (Hungarian Telecom LP), Loan Agreement (Invitel Holdings a/S)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the a Lender, any right or remedy under this Agreement shall operate as a waiver of waiver, nor shall any such right or remedy or constitute an election to affirm this Agreement. No election to affirm this Agreement on the part of the Lender shall 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 3 contracts

Samples: Convertible Loan Agreement (Empire Energy Corp), Convertible Loan Agreement (Empire Energy Corp), Convertible Loan Agreement (Empire Energy Corp)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the any Lender, any right or remedy under this Agreement shall operate as a waiver of waiver, nor shall any such right or remedy or constitute an election to affirm this Agreement. No election to affirm this Agreement on the part of the Lender shall 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 2 contracts

Samples: Term Loan Facility Agreement (AsiaCo Acquisition LTD), Term Loan Facility Agreement (AsiaCo Acquisition LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the LenderSecurity Agent, any right or remedy under this Agreement shall operate as a waiver of waiver, nor shall any such right or remedy or constitute an election to affirm this Agreement. No election to affirm this Agreement on the part of the Lender shall 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 2 contracts

Samples: Wynn Resorts Support Agreement (Wynn Resorts LTD), Wynn Resorts Support Agreement (Wynn Resorts LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the Lendereither Agent, any right or remedy under this Agreement shall operate as a waiver of waiver, nor shall any such right or remedy or constitute an election to affirm this Agreement. No election to affirm this Agreement on the part of the Lender shall 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 2 contracts

Samples: Equity Support, Subordination and Retention Agreement (Mosaic Co), Equity Support, Subordination and Retention Agreement (Mosaic Co)

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REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the LenderLessor, any right or remedy under this Agreement shall operate as a waiver of waiver, nor shall any such right or remedy or constitute an election to affirm this Agreement. No election to affirm this Agreement on the part of the Lender shall 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 2 contracts

Samples: Lease Agreement (Paragon Offshore PLC), Lease Agreement (Paragon Offshore PLC)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the Lender, any right or remedy under this Agreement shall operate as a waiver of any such right or remedy or constitute an election to affirm this Agreement. No waiver or election to affirm this Agreement on the part of the Lender shall 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 1 contract

Samples: Facility Agreement

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the LenderLender to exercise, and no delay on its part in exercising, any right or remedy under this Agreement shall will operate as a waiver of thereof, nor will any such right or remedy or constitute an election to affirm this Agreement. No election to affirm this Agreement on the part of the Lender shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent preclude any other or 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 other rights or remedies provided by law.

Appears in 1 contract

Samples: Facility Agreement

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the Lender, exercising any right or remedy under this Agreement shall operate as a waiver of waiver, nor shall any such right or remedy or constitute an election to affirm this Agreement. No election to affirm this Agreement on the part of the Lender shall 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 of 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: Share Sale Agreement (SouFun Holdings LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the LenderMortgagee, any right or remedy under this Agreement shall operate as a waiver of waiver, nor shall any such right or remedy or constitute an election to affirm this Agreement. No election to affirm this Agreement on the part of the Lender shall 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 1 contract

Samples: Mortgage Agreement (Axm Pharma Inc)

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