Common use of Rights and Remedies Cumulative; Non-Waiver; etc Clause in Contracts

Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of the rights and remedies of the Agents and the Lenders set forth in this Agreement is not intended to be exhaustive and the exercise by the Agents and Lenders of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under the other Loan Documents or that may now or hereafter exist at law or in equity or by suit or otherwise. No delay or failure to take action on the part of any Agent or Lender in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver of any Event of Default. No course of dealing between the Borrower, the Agents and Lenders or their respective agents or employees shall be effective to change, modify or discharge any provision of this Agreement or any of the other Loan Documents or to constitute a waiver of any Event of Default.

Appears in 2 contracts

Samples: Credit Agreement (Insignia Financial Group Inc /De/), Credit Agreement (Insignia Esg Holdings Inc)

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Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of the rights and remedies of the Agents Agent and the Lenders set forth in this Agreement is not intended to be exhaustive and the exercise by the Agents and Lenders Agent or any Lender of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under the other Loan Credit Documents or that may now or hereafter exist at in law or in equity or by suit or otherwise. No delay or failure to take action on the part of any the Agent or any Lender in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver of any Event of Default. No course of dealing between the BorrowerCredit Parties, the Agents Agent and the Lenders or their respective agents or employees shall be effective to change, modify or discharge any provision of this Agreement or any of the other Loan Credit Documents or to constitute a waiver of any Event of Default.

Appears in 2 contracts

Samples: Credit Agreement (Sterile Recoveries Inc), Credit Agreement (Sterile Recoveries Inc)

Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of the rights and remedies of the Lead Agents and the Lenders set forth in this Agreement is not intended to be exhaustive and the exercise by the Lead Agents and the Lenders of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under the other Loan Documents or that may now or hereafter exist at in law or in equity or by suit or otherwise. No delay or failure to take action on the part of any Lead Agent or Lender in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver of any Event of Default. No course of dealing between the Borrower, the Lead Agents and the Lenders or their respective agents or employees shall be effective to change, modify or discharge any provision of this Agreement or any of the other Loan Documents or to constitute a waiver of any Event of Default.

Appears in 2 contracts

Samples: Credit Agreement (Lci International Inc /Va/), Day Credit Agreement (Lci International Inc /Va/)

Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of the rights and remedies of the Agents Administrative Agent and the Lenders set forth in this Agreement is not intended to be exhaustive exhaustive, and the exercise by the Agents Administrative Agent and the Lenders of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under the other Loan Documents or that may now or hereafter exist at in law or in equity or by suit or otherwise. No delay or failure to take action on the part of any the Administrative Agent or any Lender in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver of any Event of Default. No course of dealing between the Borrower, the Agents Administrative Agent and the Lenders or their respective agents or employees shall be effective to change, modify or discharge any provision of this Agreement or any of the other Loan Documents or to constitute a waiver of any Default or Event of Default.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (SOUTH JERSEY GAS Co), Term Loan Credit Agreement (SOUTH JERSEY GAS Co)

Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of the rights and remedies of the Agents Agent and the Lenders set forth in this Agreement is not intended to be exhaustive and the exercise by the Agents Agent and the Lenders of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under the other Loan Documents or that may now or hereafter exist at in law or in equity or by suit or otherwise. No delay or failure to take action on the part of any the Agent or any Lender in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver of any Event of Default. No course of dealing between the any Borrower, the Agents Agent and the Lenders or their respective agents or employees shall be effective to change, modify or discharge any provision of this Agreement or any of the other Loan Documents or to constitute a waiver of any Event of Default.

Appears in 1 contract

Samples: Credit Agreement (Cornerstone Realty Income Trust Inc)

Rights and Remedies Cumulative; Non-Waiver; etc. The ------------------------------------------------ enumeration of the rights and remedies of the Agents Agent and the Lenders set forth in this Agreement is not intended to be exhaustive and the exercise by the Agents Agent and the Lenders of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under the other Loan Documents or that may now or hereafter exist at in law or in equity or by suit or otherwise. No delay or failure to take action on the part of any the Agent or any Lender in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver of any Event of Default. No course of dealing between the Borrower, the Agents Agent and the Lenders or their respective agents or employees shall be effective to change, modify or discharge any provision of this Agreement or any of the other Loan Documents or to constitute a waiver of any Event of Default.

Appears in 1 contract

Samples: Credit Agreement (American Business Information Inc /De)

Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of the Bank's rights and remedies of the Agents and the Lenders set forth in this Agreement is not intended to be exhaustive and the exercise by the Agents and Lenders Bank of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or hereunder, under the other Loan Documents or that under any other agreement between Borrower or Bank or which may now or hereafter exist at in law or in equity or by suit or otherwise. No delay or failure to take action on the part of any Agent or Lender Bank in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver of any Default or Event of Default. No course of dealing between the Borrower, the Agents Borrower and Lenders Bank or their respective its agents or employees shall be effective to change, modify or discharge any provision of this Agreement or any of the other Loan Documents or to constitute a waiver of any Default or Event of Default.

Appears in 1 contract

Samples: Credit Agreement (Old Dominion Freight Line Inc/Va)

Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of the rights and remedies of the Agents Agent and the Lenders set forth in this Agreement is not intended to be exhaustive and the exercise by the Agents Agent and the Lenders of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under the other Loan Documents or that may now or hereafter exist at in law or in equity or by suit or otherwise. No delay or failure to take action on the part of any Agent or any Lender in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver of any Default or Event of Default. No course of dealing between the BorrowerObligors, the Agents Agent and the Lenders or their respective agents or employees shall be effective to change, modify or discharge any provision of this Agreement or any of the other Loan Documents or to constitute a waiver of any Event of Default.. WB/Neighborhoods Second Modified and Restated Loan Agreement

Appears in 1 contract

Samples: Second Modified and Restated Loan Agreement (Stanley-Martin Communities, LLC)

Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of the rights and remedies of the Agents Agent and the Lenders set forth in this Agreement is not intended to be exhaustive and the exercise by the Agents Agent and the Lenders of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under the other Loan Documents or that may now or hereafter exist at in law or in equity or by suit or otherwise. No delay or failure to take action on the part of any the Agent or any Lender in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver of any Event of Default. No course of dealing between the BorrowerBorrowers, the Agents Agent and the Lenders or their respective agents or employees shall be effective to change, modify or discharge any provision of this Agreement or any of the other Loan Documents or to constitute a waiver of any Event of Default.

Appears in 1 contract

Samples: Credit Agreement (Med Waste Inc)

Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of the rights and remedies of the Agents and the Lenders set forth in this Agreement is not intended to be exhaustive and the exercise by the Agents and the Lenders of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under the other Loan Documents or that may now or hereafter exist at in law or in equity or by suit or otherwise. No delay or failure to take action on the part of any Agent or any Lender in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver of any Event of Default. No course of dealing between the BorrowerBorrowers, the Agents and the Lenders or their respective agents or employees shall be effective to change, modify or discharge any provision of this Agreement or any of the other Loan Documents or to constitute a waiver of any Event of Default.

Appears in 1 contract

Samples: Loan Agreement (Washington Homes Inc)

Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of the rights and remedies of the Agents Agent and the Lenders set forth in this Agreement is not intended to be exhaustive and the exercise by the Agents Agent and the Lenders of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under the other Loan Documents or that may now or hereafter exist at in law or in equity or by suit or otherwise. No delay or failure to take action on the part of any the Agent or Lender in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver of any Event of Default. No course of dealing between the Borrower, the Agents Agent and the Lenders or their respective agents or employees shall be effective to change, modify or discharge any provision of this Agreement or any of the other Loan Documents or to constitute a waiver of any Event of Default.

Appears in 1 contract

Samples: Credit Agreement (Corestaff Inc)

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Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of the rights and remedies of the Agents Agent and the Lenders set forth in this Agreement is not intended to be exhaustive and the exercise by the Agents Agent and the Lenders of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under the other Loan Documents or that may now or hereafter exist at in law or in equity or by suit or otherwise. No delay or failure to take action on the part of any the Agent or any Lender in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver of any Event of Default. No course of dealing between the BorrowerCredit Parties, the Agents Agent and the Lenders or their respective agents or employees shall be effective to change, modify or discharge any provision of this Agreement or any of the other Loan Documents or to constitute a waiver of any Event of Default.

Appears in 1 contract

Samples: Loan Agreement (Sirrom Investments Inc)

Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of the rights and remedies of the Agents Agent and the Lenders set forth in this Agreement is not intended to be exhaustive and the exercise by the Agents Agent and the Lenders of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under the other Loan Documents or that may now or hereafter exist at in law or in equity or by suit or otherwise. No delay or failure to take action on the part of any the Agent or any Lender in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver of any Event of Default. No course of dealing between the Borrower, the Agents Agent and the Lenders or their respective agents or employees shall be effective to change, modify or discharge any provision of this Agreement or any of the other Loan Documents or to constitute a waiver of any Event of Default.. - 80 - 86 ARTICLE XII

Appears in 1 contract

Samples: Credit Agreement (Quorum Health Group Inc)

Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of the rights and remedies of the Agents Agent and the Lenders set forth in this Agreement is not intended to be exhaustive and the exercise by the Agents Agent and the Lenders of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder under this Agreement or under the other Loan Documents or that may now or hereafter exist at in law or in equity or by suit or otherwise. No delay or failure to take action on the part of any the Agent or any Lender in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver of any Event of Default. No course of dealing between the Borrower, the Agents Agent and the Lenders or their respective agents or employees shall be effective to change, modify or discharge any provision of this Agreement or any of the other Loan Documents or to constitute a waiver of any Event of Default.

Appears in 1 contract

Samples: Credit Agreement (Golf Trust of America Inc)

Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of the rights and remedies of the Agents Agent and the Lenders set forth in this Agreement is not intended to be exhaustive and the exercise by the Agents Agent and the Lenders of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under the other Loan Documents or that may now or hereafter exist at in law or in equity or by suit or otherwise. No delay or failure to take action on the part of any Agent or any Lender in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver of any Default or Event of Default. No course of dealing between the BorrowerObligors, the Agents Agent and the Lenders or their respective agents or employees shall be effective to change, modify or discharge any provision of this Agreement or any of the other Loan Documents or to constitute a waiver of any Event of Default.

Appears in 1 contract

Samples: Loan Agreement (Stanley-Martin Communities, LLC)

Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of the rights and remedies of the Agents and the Lenders Issuing Lender set forth in this Agreement is not intended to be exhaustive and the exercise by the Agents and Lenders Issuing Lender of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under the other Loan Documents or that may now or hereafter exist at in law or in equity or by suit or otherwise. No delay or failure to take action on the part of any Agent or the Issuing Lender in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver of any Event of Default. No course of dealing between the Borrower, the Agents and Lenders Issuing Lender or their respective agents or employees shall be effective to change, modify or discharge any provision of this Agreement or any of the other Loan Documents or to constitute a waiver of any Event of Default.

Appears in 1 contract

Samples: Corrections Corporation of America

Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of the rights and remedies of the Agents Agent and the Lenders set forth in this Agreement is not intended to be exhaustive and the exercise by the Agents Agent and the Lenders of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under the other Loan Documents or that may now or hereafter exist at in law or in equity or by suit or otherwise. No delay or failure to take action on the part of any the Agent or any Lender in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver of any Event of Default. No course of dealing between the Borrower, Borrowers the Agents Agent and the Lenders or their respective agents or employees shall be effective to change, modify or discharge any provision of this Agreement or any of the other Loan Documents or to constitute a waiver of any Event of Default.

Appears in 1 contract

Samples: Credit Agreement (Imagemax Inc)

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