Common use of Remedies Cumulative and Waivers Clause in Contracts

Remedies Cumulative and Waivers. For greater certainty, it is expressly understood and agreed that the rights and remedies of the Lenders and the Agent hereunder or under any other Document are cumulative and are in addition to and not in substitution for any rights or remedies provided by law or by equity; and any single or partial exercise by the Lenders or by the Agent of any right or remedy for a default or breach of any term, covenant, condition or agreement contained in this Agreement or other Document shall not be deemed to be a waiver of or to alter, affect or prejudice any other right or remedy or other rights or remedies to which any one or more of the Lenders and the Agent may be lawfully entitled for such default or breach. Any waiver by, as applicable, the Majority of the Lenders, all of the Lenders or the Agent of the strict observance, performance or compliance with any term, covenant, condition or other matter contained herein and any indulgence granted, either expressly or by course of conduct, by, as applicable, the Majority of the Lenders, all of the Lenders or the Agent shall be effective only in the specific instance and for the purpose for which it was given and shall be deemed not to be a waiver of any rights and remedies of the Lenders or the Agent under this Agreement or any other Document as a result of any other default or breach hereunder or thereunder.

Appears in 13 contracts

Sources: Credit Agreement (Baytex Energy Corp.), Credit Agreement (Obsidian Energy Ltd.), Credit Agreement (Obsidian Energy Ltd.)

Remedies Cumulative and Waivers. For greater certainty, it is expressly understood and agreed that the rights and remedies of the Lenders and the Agent hereunder or under any other Document are cumulative and are in addition to and not in substitution for any rights or remedies provided by law or by equity; and any single or partial exercise by the Lenders or by the Agent of any right or remedy for a default or breach of any term, covenant, condition or agreement contained in this Agreement or other Document shall not be deemed to be a waiver of or to alter, affect or prejudice any other right or remedy or other rights or remedies to which any one or more of the Lenders and the Agent may be lawfully entitled for such default or breach. Any waiver by, as applicable, the Majority of the Lenders, all of the Lenders or the Agent of the strict observance, performance or compliance with any term, covenant, condition or other matter contained herein and any indulgence granted, either expressly or by course of conduct, by, as applicable, the Majority of the Lenders, all of the Lenders or the Agent shall be effective only in the specific instance and for the purpose for which it was given and shall be deemed not to be a waiver of any rights and remedies of the Lenders or the Agent under this Agreement or any other Document as a result of any other default or breach hereunder or thereunder.

Appears in 11 contracts

Sources: Credit Agreement (Enerflex Ltd.), Credit Agreement (Enbridge Inc), Credit Agreement (Enbridge Inc)

Remedies Cumulative and Waivers. For greater certainty, it It is expressly understood and agreed that the rights and remedies of the Lenders Lenders, the Administrative Agent and the Agent each of them hereunder or under any other Loan Document or other instrument executed pursuant to this Agreement are cumulative and are in addition to and not in substitution for any rights or remedies provided by law or by equity; and any single or partial exercise by the Lenders Lenders, the Administrative Agent or by the Agent any of them of any right or remedy for a default or breach of any term, covenant, condition or agreement contained in this Agreement or any other Loan Document shall not be deemed to be a waiver of or to alter, affect or prejudice any other right or remedy or other rights or remedies to which the Lenders, the Administrative Agent or any one or more of the Lenders and the Agent them may be lawfully entitled for such default or breach. Any waiver by, as applicable, the Majority of by the Lenders, all the Administrative Agent or any of the Lenders or the Agent them of the strict observance, performance or compliance with any term, covenant, condition or other matter contained herein or in any other Loan Document and any indulgence granted, either expressly or by course of conduct, by, as applicable, the Majority of by the Lenders, all the Administrative Agent or any of the Lenders or the Agent them shall be effective only in the specific instance and for the purpose for which it was given and shall be deemed not to be a waiver of any rights and remedies of the Lenders Lenders, the Administrative Agent or the Agent any of them under this Agreement or any other Loan Document as a result of any other default or breach hereunder or thereunder.

Appears in 9 contracts

Sources: Credit Agreement (Celestica Inc), Revolving Term Credit Agreement (Celestica Inc), Revolving Term Credit Agreement (Celestica Inc)

Remedies Cumulative and Waivers. For greater certainty, it is expressly understood and agreed that the rights and remedies of the Lenders and the Agent Lender hereunder or under any other Document are cumulative and are in addition to and not in substitution for any rights or remedies provided by law or by equity; and any single or partial exercise by the Lenders or by the Agent Lender of any right or remedy for a default or breach of any term, covenant, condition or agreement contained in this Agreement or other Document shall not be deemed to be a waiver of or to alter, affect or prejudice any other right or remedy or other rights or remedies to which any one or more of the Lenders and the Agent Lender may be lawfully entitled for such default or breach. Any waiver by, as applicable, by the Majority of the Lenders, all of the Lenders or the Agent Lender of the strict observance, performance or compliance with any term, covenant, condition or other matter contained herein and any indulgence granted, either expressly or by course of conduct, by, as applicable, by the Majority of the Lenders, all of the Lenders or the Agent Lender shall be effective only in the specific instance and for the purpose for which it was given and shall be deemed not to be a waiver of any rights and remedies of the Lenders or the Agent Lender under this Agreement or any other Document as a result of any other default or breach hereunder or thereunder.

Appears in 8 contracts

Sources: Credit Agreement, Credit Agreement, Credit Agreement

Remedies Cumulative and Waivers. For greater certainty, it is expressly understood and agreed that the rights and remedies of the Lenders and the Agent hereunder or under any other Loan Document are cumulative and are in addition to and not in substitution for any rights or remedies provided by law or by equity; and any single or partial exercise by the Lenders or by the Agent of any right or remedy for a default or breach of any term, covenant, condition or agreement contained in this Agreement or other Loan Document shall not be deemed to be a waiver of or to alter, affect or prejudice any other right or remedy or other rights or remedies to which any one or more of the Lenders and the Agent may be lawfully entitled for such default or breach. Any waiver by, as applicable, the Majority of the Required Lenders, all of the Lenders or the Agent of the strict observance, performance or compliance with any term, covenant, condition or other matter contained herein and any indulgence granted, either expressly or by course of conduct, by, as applicable, the Majority of the Required Lenders, all of the Lenders or the Agent shall be effective only in the specific instance and for the purpose for which it was given and shall be deemed not to be a waiver of any rights and remedies of the Lenders or the Agent under this Agreement or any other Loan Document as a result of any other default or breach hereunder or thereunder.

Appears in 5 contracts

Sources: Credit Agreement (Kinder Morgan Canada LTD), Credit Agreement (Kinder Morgan Canada LTD), Credit Agreement (Kinder Morgan, Inc.)

Remedies Cumulative and Waivers. For greater certainty, it is expressly understood and agreed that the respective rights and remedies of the Lenders and the Agent hereunder or under any other Credit Document or instrument executed pursuant to this Agreement are cumulative and are in addition to and not in substitution for any rights or remedies provided by law or by equity; and any single or partial exercise by the Lenders or by the Agent of any right or remedy for a default or breach of any term, covenant, condition or agreement contained in this Agreement or other Document shall document or instrument executed pursuant to this Agreement will not be deemed to be a waiver of or to alter, affect or prejudice any other right or remedy or other rights or remedies to which any one or more of the Lenders and the Agent may be lawfully entitled for such default or breach. Any waiver by, as applicable, the Majority of the Lenders, all of by the Lenders or the Agent of the strict observance, performance or compliance with any term, covenant, condition or other matter contained herein and any indulgence granted, either expressly or by course of conduct, by, as applicable, the Majority of the Lenders, all of by the Lenders or the Agent shall will be effective only in the specific instance and for the purpose for which it was given and shall will be deemed not to be a waiver of any rights and remedies of the Lenders or the Agent under this Agreement or any other Credit Document or instrument executed pursuant to this Agreement as a result of any other default or breach hereunder or thereunder.

Appears in 4 contracts

Sources: Credit Agreement (Just Energy Group Inc.), Credit Agreement (Just Energy Group Inc.), Credit Agreement (Just Energy Group Inc.)

Remedies Cumulative and Waivers. For greater certainty, it is expressly understood and agreed that the respective rights and remedies of the Lenders and the Agent Lender hereunder or under any other Loan Document or instrument executed pursuant to this Agreement are cumulative and are in addition to and not in substitution for any rights or remedies provided by law or by equity; and any single or partial exercise by the Lenders or by the Agent Lender of any right or remedy for a default or breach of any term, covenant, condition or agreement contained in this Agreement or other Document document or instrument executed pursuant to this Agreement shall not be deemed to be a waiver of or to alter, affect or prejudice any other right or remedy or other rights or remedies to which any one or more of the Lenders and the Agent Lender may be lawfully entitled for such default or breach. Any waiver by, as applicable, by the Majority of the Lenders, all of the Lenders or the Agent Lender of the strict observance, performance or compliance with any term, covenant, condition or other matter contained herein and any indulgence granted, either expressly or by course of conduct, by, as applicable, by the Majority of the Lenders, all of the Lenders or the Agent Lender shall be effective only in the specific instance and for the purpose for which it was given and shall be deemed not to be a waiver of any rights and remedies of the Lenders or the Agent Lender under this Agreement or any other Loan Document or instrument executed pursuant to this Agreement as a result of any other default or breach hereunder or thereunder.

Appears in 4 contracts

Sources: Credit Agreement (Valens Company, Inc.), Credit Agreement (SNDL Inc.), Credit Agreement (Valens Company, Inc.)

Remedies Cumulative and Waivers. For greater certainty, it is expressly understood and agreed that the rights and remedies of the Lenders and the Agent hereunder or under any other Loan Document are cumulative and are in addition to and not in substitution for any rights or remedies provided by law or by equity; and any single or partial exercise by the Lenders or by the Agent of any right or remedy for a default or breach of any term, covenant, condition or agreement contained in this Agreement or other Loan Document shall not be deemed to be a waiver of or to alter, affect or prejudice any other right or remedy or other rights or remedies to which any one or more of the Lenders and the Agent may be lawfully entitled for such default or breach. Any waiver by, as applicable, the Majority of the Lenders, all of the Lenders or the Agent of the strict observance, performance or compliance with any term, covenant, condition or other matter contained herein and any indulgence granted, either expressly or by course of conduct, by, as applicable, the Majority of the Lenders, all of the Lenders or the Agent shall be effective only in the specific instance and for the purpose for which it was given and shall be deemed not to be a waiver of any rights and remedies of the Lenders or the Agent under this Agreement or any other Loan Document as a result of any other default or breach hereunder or thereunder.

Appears in 3 contracts

Sources: Credit Agreement (SemGroup Corp), Credit Agreement (SemGroup Corp), Credit Agreement (North American Energy Partners Inc.)

Remedies Cumulative and Waivers. For greater certainty, it is expressly understood and agreed that the respective rights and remedies of the Lenders and the Agent hereunder or under any other Loan Document or instrument executed pursuant to this Agreement are cumulative and are in addition to and not in substitution for any rights or remedies provided by law or by equity; and any single or partial exercise by the Lenders or by the Agent of any right or remedy for a default or breach of any term, covenant, condition or agreement contained in this Agreement or other Document document or instrument executed pursuant to this Agreement shall not be deemed to be a waiver of or to alter, affect or prejudice any other right or remedy or other rights or remedies to which any one or more of the Lenders and the Agent may be lawfully entitled for such default or breach. Any waiver by, as applicable, the Majority of the Lenders, all of by the Lenders or the Agent of the strict observance, performance or compliance with any term, covenant, condition or other matter contained herein and any indulgence granted, either expressly or by course of conduct, by, as applicable, the Majority of the Lenders, all of by the Lenders or the Agent shall be effective only in the specific instance and for the purpose for which it was given and shall be deemed not to be a waiver of any rights and remedies of the Lenders or the Agent under this Agreement or any other Loan Document or instrument executed pursuant to this Agreement as a result of any other default or breach hereunder or thereunder.

Appears in 3 contracts

Sources: Credit Agreement (Valens Company, Inc.), Credit Agreement (Points International LTD), Credit Agreement (Nordion Inc.)

Remedies Cumulative and Waivers. For greater certainty, it is expressly understood and agreed that the rights and remedies of the Lenders and the Agent Lender hereunder or under any other Document are cumulative and are in addition to and not in substitution for any rights or remedies provided by law or by equity; and any single or partial exercise by the Lenders or by the Agent Lender of any right or remedy for a default or breach of any term, covenant, condition or agreement contained in this Agreement or other Document shall not be deemed to be a waiver of or to alter, affect or prejudice any other right or remedy or other rights or remedies to which any one or more of the Lenders and the Agent Lender may be lawfully entitled for such default or breach. Any waiver by, as applicable, the Majority of the Lenders, all of the Lenders or the Agent Lender of the strict observance, performance or compliance with any term, covenant, condition or other matter contained herein and any indulgence granted, either expressly or by course of conduct, by, as applicable, by the Majority of the Lenders, all of the Lenders or the Agent Lender shall be effective only in the specific instance and for the purpose for which it was given and shall be deemed not to be a waiver of any rights and remedies of the Lenders or the Agent Lender under this Agreement or any other Document as a result of any other default or breach hereunder or thereunder.

Appears in 2 contracts

Sources: Credit Agreement (Powell Industries Inc), Credit Agreement (Powell Industries Inc)

Remedies Cumulative and Waivers. For greater certainty, it It is expressly understood and agreed that the rights and remedies of the Lenders Lenders, the Agents and the Agent each of them hereunder or under any other Loan Document or other instrument executed pursuant to this Agreement are cumulative and are in addition to and not in substitution for any rights or remedies provided by law or by equity; and any single or partial exercise by the Lenders Lenders, the Agents or by the Agent any of them of any right or remedy for a default or breach of any term, covenant, condition or agreement contained in this Agreement or any other Loan Document shall not be deemed to be a waiver of or to alter, affect or prejudice any other right or remedy or other rights or remedies to which the Lenders, the Agents or any one or more of the Lenders and the Agent them may be lawfully entitled for such default or breach. Any waiver by, as applicable, the Majority of by the Lenders, all the Agents or any of the Lenders or the Agent them of the strict observance, performance or compliance with any term, covenant, condition or other matter contained herein or in any other Loan Document and any indulgence granted, either expressly or by course of conduct, by, as applicable, the Majority of by the Lenders, all the Agents or any of the Lenders or the Agent them shall be effective only in the specific instance and for the purpose for which it was given and shall be deemed not to be a waiver of any rights and remedies of the Lenders Lenders, the Agents or the Agent any of them under this Agreement or any other Loan Document as a result of any other default or breach hereunder or thereunder.

Appears in 2 contracts

Sources: Credit Agreement (Celestica Inc), Revolving Term Credit Agreement (Celestica Inc)

Remedies Cumulative and Waivers. For greater certainty, it It is expressly understood and agreed that the rights and remedies of the Lenders Administrative Agent and the Agent Lenders hereunder or under any other Document instrument executed pursuant to this Agreement are cumulative and are in addition to and not in substitution for any rights or remedies provided by law or by equity; and any single or partial exercise by the Lenders Administrative Agent or by the Agent any Lender of any right or remedy for a default or breach of any term, covenant, condition or agreement contained in this Agreement or other Document shall not be deemed to be a waiver of or to alter, affect or prejudice any other right or remedy or other rights or remedies to which the Administrative Agent or any one or more of the Lenders and the Agent Lender may be lawfully entitled for such default or breach. Any waiver by, as applicable, by the Majority of the Lenders, all of Administrative Agent and the Lenders or the Agent of the strict observance, performance or compliance with any term, covenant, condition or other matter contained herein and any indulgence granted, either expressly or by course of conduct, by, as applicable, by the Majority of the Lenders, all of Administrative Agent and the Lenders or the Agent shall be effective only in the specific instance and for the purpose for which it was given and shall be deemed not to be a waiver of any rights and remedies of the Lenders Administrative Agent or the Agent any Lender under this Agreement or any other Document as a result of any other default or breach hereunder or thereunder.

Appears in 2 contracts

Sources: Credit Agreement (Mitel Networks Corp), Credit Agreement (Mitel Networks Corp)

Remedies Cumulative and Waivers. For greater certainty, it is expressly understood and agreed that the The rights and remedies of each of the Agent and the Lenders and the Agent hereunder or under any other Document of the Security Documents are cumulative and are in addition to and not in substitution for any rights or remedies provided by law or by equity; and any single or partial exercise by the Lenders Agent or by the Agent any Lender of any right or remedy for a default Default or breach of any term, covenant, condition or agreement contained in this Agreement or other Document any of the Security Documents shall not be deemed to be a waiver of or to alter, affect or prejudice any other right or remedy or other rights or remedies to which any one or more of the Lenders and the Agent may be lawfully entitled for such default or breach. Any waiver by, as applicable, the Majority of the Lenders, all of the Lenders or by the Agent or any Lender of the strict observance, performance or compliance with any term, covenant, condition or other matter agreement herein contained herein and any indulgence granted, either expressly or by course of conduct, by, as applicable, the Majority of the Lenders, all of the Lenders or by the Agent or any Lender shall be effective only in the specific instance and for the purpose for which it was given and shall be deemed not to be a waiver of any rights and remedies of the Lenders Agent or the Agent Lenders under this Agreement or any other Document of the Security Documents as a result of any other default or breach hereunder or thereunder.

Appears in 1 contract

Sources: Credit Agreement (Theratechnologies Inc.)

Remedies Cumulative and Waivers. For greater certainty, it It is expressly understood and agreed that the rights and remedies of the Lenders and the Agent Lender hereunder or under any other Mortgage Document or other instrument executed pursuant to this Commitment Agreement are cumulative and are in addition to and not in substitution for any rights or remedies provided by law or by equity; and any single or partial exercise by the Lenders or by the Agent Lender of any right or remedy for a default or breach of any term, covenant, condition or agreement contained in this Commitment Agreement or any other Mortgage Document shall not be deemed to be a waiver of or to alter, affect or prejudice any other right or remedy or other rights or remedies to which any one or more of the Lenders and the Agent Lender may be lawfully entitled for such default or breach. Any waiver by, as applicable, by the Majority of the Lenders, all of the Lenders or the Agent Lender of the strict observance, performance or compliance with any term, covenant, condition or other matter contained herein and any indulgence granted, either expressly or by course of conduct, by, as applicable, by the Majority of the Lenders, all of the Lenders or the Agent Lender shall be effective only in the specific instance and for the purpose for which it was given and shall be deemed not to be a waiver of any rights and remedies of the Lenders or the Agent Lender under this Commitment Agreement or any other Mortgage Document as a result of any other default or breach hereunder or thereunder.

Appears in 1 contract

Sources: Master Mortgage Commitment Agreement (Strategic Storage Trust IV, Inc.)

Remedies Cumulative and Waivers. β€Œ For greater certainty, it is expressly understood and agreed that the rights and remedies of the Lenders and the Agent hereunder or under any other Loan Document are cumulative and are in addition to and not in substitution for any rights or remedies provided by law or by equity; and any single or partial exercise by the Lenders or by the Agent of any right or remedy for a default or breach of any term, covenant, condition or agreement contained in this Agreement or other Loan Document shall not be deemed to be a waiver of or to alter, affect or prejudice any other right or remedy or other rights or remedies to which any one or more of the Lenders and the Agent may be lawfully entitled for such default or breach. Any waiver by, as applicable, the Majority of the Required Lenders, all of the Lenders or the Agent of the strict observance, performance or compliance with any term, covenant, condition or other matter contained herein and any indulgence granted, either expressly or by course of conduct, by, as applicable, the Majority of the Required Lenders, all of the Lenders or the Agent shall be effective only in the specific instance and for the purpose for which it was given and shall be deemed not to be a waiver of any rights and remedies of the Lenders or the Agent under this Agreement or any other Loan Document as a result of any other default or breach hereunder or thereunder.

Appears in 1 contract

Sources: Credit Agreement

Remedies Cumulative and Waivers. For greater certainty, it is expressly understood and agreed that the rights and remedies of the Lenders and the Agent hereunder or under any other Document are cumulative and are in addition to and not in substitution for LEGAI_CAL:1 1257721.13 any rights or remedies provided by law or by equity; and any single or partial exercise by the Lenders or by the Agent of any right or remedy for a default or breach of any term, covenant, condition or agreement contained in this Agreement or other Document shall not be deemed to be a waiver of or to alter, affect or prejudice any other right or remedy or other rights or remedies to which any one or more of the Lenders and the Agent may be lawfully entitled for such default or breach. Any waiver by, as applicable, the Majority of the Lenders, all both of the Lenders or the Agent of the strict observance, performance or compliance with any term, covenant, condition or other matter contained herein and any indulgence granted, either expressly or by course of conduct, by, as applicable, the Majority of the Lenders, all by both of the Lenders or the Agent shall be effective only in the specific instance and for the purpose for which it was given and shall be deemed not to be a waiver of any rights and remedies of the Lenders or the Agent under this Agreement or any other Document as a result of any other default or breach hereunder or thereunder.

Appears in 1 contract

Sources: Subordinated Debt Agreement

Remedies Cumulative and Waivers. For greater certainty, it is expressly understood and agreed that the rights and remedies of the Lenders and the Agent hereunder or under any other Document are cumulative and are in addition to and not in substitution for any rights or remedies provided by law or by equity; and any single or partial exercise by the Lenders or by the Agent of any right or remedy for a default or breach of any term, covenant, condition or agreement contained in this Agreement or other Document shall not be deemed to be a waiver of or to alter, affect or prejudice any other right or remedy or other rights or remedies to which any one or more of of-the Lenders and the Agent may be lawfully entitled for such default or breach. Any waiver by, as applicable, the Majority of the Lenders, all of the Lenders or the Agent of the strict observance, performance or compliance with any term, covenant, condition or other matter contained herein and any indulgence granted, either expressly or by course of conduct, by, as applicable, the Majority of the Lenders, all of the Lenders or the Agent shall be effective only in the specific instance and for the purpose for which it was given and shall be deemed not to be a waiver of any rights and remedies of the Lenders or the Agent under this Agreement or any other Document as a result of any other default or breach hereunder or thereunder.

Appears in 1 contract

Sources: Credit Agreement (Trident Resources Corp)

Remedies Cumulative and Waivers. For greater certainty, it is expressly understood and agreed that the rights and remedies of the Lenders and the Agent Agents hereunder or under any other Document are cumulative and are in addition to and not in substitution for any rights or remedies provided by law or by equity; and any single or partial exercise by the Lenders or by the an Agent of any right or remedy for a default or breach of any term, covenant, condition or agreement contained in this Agreement or other Document shall not be deemed to be a waiver of or to alter, affect or prejudice any other right or remedy or other rights or remedies to which any one or more of the Lenders and the Agent Agents may be lawfully entitled for such default or breach. Any waiver by, as applicable, the Majority of the Lenders, all of the Lenders or the an Agent of the strict observance, performance or compliance with any term, covenant, condition or other matter contained herein and any indulgence granted, either expressly or by course of conduct, by, as applicable, the Majority of the Lenders, all of the Lenders or the an Agent shall be effective only in the specific instance and for the purpose for which it was given and shall be deemed not to be a waiver of any rights and remedies of the Lenders or the Agent Agents under this Agreement or any other Document as a result of any other default or breach hereunder or thereunder.

Appears in 1 contract

Sources: Credit Agreement (Nexen Inc)

Remedies Cumulative and Waivers. For greater certainty, it is expressly understood and agreed that the rights and remedies of the Lenders and the Agent Lender hereunder or under any other Document or instrument executed pursuant to this Agreement are cumulative and are in addition to and not in substitution for any rights or remedies provided by law or by equity; and any single or partial exercise by the Lenders or by the Agent Lender of any right or remedy for a default or breach of any term, covenant, condition or agreement contained in this Agreement or other Document document or instrument executed pursuant to this Agreement shall not be deemed to be a waiver of or to alter, affect or prejudice any other right or remedy or other rights or remedies to which any one or more of the Lenders and the Agent Lender may be lawfully entitled for such default or breach. Any waiver by, as applicable, by the Majority of the Lenders, all of the Lenders or the Agent Lender of the strict observance, performance or compliance with any term, covenant, condition or other matter contained herein and any indulgence granted, either expressly or by course of conduct, by, as applicable, by the Majority of the Lenders, all of the Lenders or the Agent Lender shall be effective only in the specific instance and for the purpose for which it was given and shall be deemed not to be a waiver of any rights and remedies of the Lenders or the Agent Lender under this Agreement or any other Document or instrument executed pursuant to this Agreement as a result of any other default or breach hereunder or thereunder.

Appears in 1 contract

Sources: Loan Agreement (Adb Systems International LTD)

Remedies Cumulative and Waivers. For greater certainty, it is expressly understood and agreed that the rights and remedies of the Lenders and the Administrative Agent hereunder or under any other Document are cumulative and are in addition to and not in substitution for any rights or remedies provided by law or by equity; and any single or partial exercise by the Lenders or by the Administrative Agent of any right or remedy for a default or breach of any term, covenant, condition or agreement contained in this Agreement or other Document shall not be deemed to be a waiver of or to alter, affect or prejudice any other right or remedy or other rights or remedies to which any one or more of the Lenders and the Administrative Agent may be lawfully entitled for such default or breach. Any waiver by, as applicable, the Majority of the Lenders, all of the Lenders or the Administrative Agent of the strict observance, performance or compliance with any term, covenant, condition or other matter contained herein and any indulgence granted, either expressly or by course of conduct, granted by, as applicable, the Majority of the Lenders, all of the Lenders or the Administrative Agent shall be effective only in the specific instance and for the purpose for which it was given and shall be deemed not to be a waiver of any rights and remedies of the Lenders or the Administrative Agent under this Agreement or any other Document as a result of any other default or breach hereunder or thereunder.

Appears in 1 contract

Sources: Credit Agreement (Keyspan Corp)

Remedies Cumulative and Waivers. For greater certainty, it is expressly understood and agreed that the respective rights and remedies of the Lenders and the Agent hereunder or under any other Document document or instrument executed pursuant to this Agreement are cumulative and are in addition to and not in substitution for any rights or remedies provided by law or by equity; and any single or partial exercise by the Lenders or by the Agent of any right or of remedy for a default or breach of any term, covenant, condition or agreement contained in this Agreement or other Document document or instrument executed pursuant to this Agreement shall not be deemed to be a waiver of or to alter, affect or prejudice any other right or remedy or other rights or remedies to which any one or more of the Lenders and the Agent may be lawfully entitled for such default or breach. Any waiver by, as applicable, the Majority of the Lenders, all of by the Lenders or the Agent of the strict observance, performance or compliance with any term, covenant, condition or other matter agreement herein contained herein and any indulgence granted, granted either expressly or by course of conduct, by, as applicable, the Majority of the Lenders, all of by the Lenders or the Agent shall be effective only in the specific instance and for the purpose for which it was given and shall be deemed not to be a waiver of any rights and remedies of the Lenders or the Agent under this Agreement or any other Document document or instrument executed pursuant to this Agreement as a result of any other default or breach hereunder or thereunder.

Appears in 1 contract

Sources: Loan Agreement (Gulf Canada Resources LTD)

Remedies Cumulative and Waivers. For greater certainty, it is expressly understood and agreed that the respective rights and remedies of the Lenders and the Agent hereunder or under any other Document document or instrument executed pursuant to this Agreement are cumulative and are in addition to and not in substitution for any rights or remedies provided by law or by equity; and any single or partial exercise by the Lenders or by the Agent of any right or of remedy for a default or breach of any term, covenant, condition or agreement contained in this Agreement or other Document document or instrument executed pursuant to this Agreement shall not be deemed to be a waiver of or to alter, affect or prejudice any other right or remedy or other rights or remedies to which any one or more of the Lenders and the Agent may be lawfully entitled for such default or breach. Any waiver by, as applicable, the Majority of the Lenders, all of by the Lenders or the Agent of the strict observance, performance or 67 - 62 - compliance with any term, covenant, condition or other matter agreement herein contained herein and any indulgence granted, granted either expressly or by course of conduct, by, as applicable, the Majority of the Lenders, all of by the Lenders or the Agent shall be effective only in the specific instance and for the purpose for which it was given and shall be deemed not to be a waiver of any rights and remedies of the Lenders or the Agent under this Agreement or any other Document document or instrument executed pursuant to this Agreement as a result of any other default or breach hereunder or thereunder.

Appears in 1 contract

Sources: Loan Agreement (Gulf Canada Resources LTD)