Common use of Rights and Waivers Clause in Contracts

Rights and Waivers. The respective rights and remedies of the Administrative Agent and each Lender under this Agreement are cumulative, may be exercised as often as considered appropriate, are in addition to all other rights and remedies under the general law, and shall not be capable of being waived or varied except by virtue of an express waiver or variation in writing signed by an authorized officer of the Administrative Agent or such Lender (as the case may be); and in particular any failure to exercise or any delay in exercising any of such rights and remedies shall not operate as a waiver or variation of that or any other such right or remedy; any defective or partial exercise of any of such rights shall not preclude any other or future exercise of that or any other such right or remedy; and no act or course of conduct or negotiation on the part of the Administrative Agent or a Lender or on its behalf shall in any way preclude it from exercising any such right or remedy or constitute a suspension or variation of any such right or remedy.

Appears in 2 contracts

Samples: Operating Credit Agreement (Mercer International Inc.), Operating Credit Agreement (Mercer International Inc)

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Rights and Waivers. (a) The respective rights and remedies of Purchaser under the Administrative Agent Transaction Documents and each Lender under this Agreement in connection therewith: (i) are cumulative, (ii) may be exercised as often and in such order as considered Purchaser consider appropriate, (iii) are in addition to all other the rights and remedies of Purchaser under the general law, and (iv) shall not be capable of being waived or varied except by virtue of an express waiver or variation in writing signed by an authorized officer of the Administrative Agent or such Lender (as the case may be)Purchaser; and in particular any failure to exercise or any delay in exercising any of such rights and remedies shall shall, to the extent permitted by law, not operate as a waiver or variation of that or any other such right or remedy; any defective or partial exercise of any of such rights shall shall, to the extent permitted by law, not preclude any other or future exercise of that or any other such right or remedy; and no act or course of conduct or negotiation on the part of the Administrative Agent or a Lender Purchaser or on its behalf shall shall, to the extent permitted by law, in any way preclude it the Purchaser from exercising any such right or remedy or constitute a suspension or variation of any such right or remedy.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Fibernet Telecom Group Inc\), Securities Purchase Agreement (Fibernet Telecom Group Inc\)

Rights and Waivers. (a) The respective rights and remedies of the Administrative Agent Purchasers under the Transaction Documents and each Lender under this Agreement in connection therewith: (i) are cumulative, (ii) may be exercised as often and in such order as considered the Purchasers consider appropriate, (iii) are in addition to all other the rights and remedies of the Purchasers under the general law, and (iv) shall not be capable of being waived or varied except by virtue of an express waiver or variation in writing signed by an authorized officer of the Administrative Agent or such Lender (as the case may be)Purchasers; and in particular any failure to exercise or any delay in exercising any of such rights and remedies shall shall, to the extent permitted by law, not operate as a waiver or variation of that or any other such right or remedy; any defective or partial exercise of any of such rights shall shall, to the extent permitted by law, not preclude any other or future exercise of that or any other such right or remedy; and no act or course of conduct or negotiation on the part of the Administrative Agent or a Lender Purchasers or on its behalf shall shall, to the extent permitted by law, in any way preclude it the Purchasers from exercising any such right or remedy or constitute a suspension or variation of any such right or remedy.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Trident Telecom Partners LLC), Securities Purchase Agreement (Fibernet Telecom Group Inc\)

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Rights and Waivers. The respective rights and remedies of the Administrative Agent and each Lender under this Agreement the Documents and in connection therewith: (i) are cumulative, (ii) may be exercised as often and in such order as considered the Lender considers appropriate, (iii) are in addition to all other its rights and remedies under the general law, and (iv) shall not be capable of being waived or varied except by virtue of an express waiver or variation in writing signed by an authorized officer of the Administrative Agent or such Lender (as the case may be)Lender; and in particular any failure to exercise or any delay in exercising any of such rights and remedies shall shall, to the extent permitted by law, not operate as a waiver or variation of that or any other such right or remedy; any defective or partial exercise of any of such rights shall shall, to the extent permitted by law, not preclude any other or future exercise of that or any other such right or remedy; and no act or course of conduct or negotiation on the part of the Administrative Agent or a Lender or on its behalf shall shall, to the extent permitted by law, in any way preclude it the Lender from exercising any such right or remedy or constitute a suspension or variation of any such right or remedy.

Appears in 1 contract

Samples: Credit Agreement (Geon Co)

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