Rights Cumulative; Waivers. The rights of the Parties hereunder are cumulative, may be exercised as often as any Party considers appropriate and are in addition to each such Party’s rights under any other documents executed between the Parties or, except as otherwise modified herein, under law. The rights of each of the Parties hereunder shall not be capable of being waived or varied other than by an express waiver or variation in writing. Any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right. Any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any Party shall in any way preclude such Party from exercising any such right or constitute a suspension or any variation of any such right.
Appears in 6 contracts
Samples: Loan Purchase Agreement, Loan Purchase Agreement, Loan Purchase Agreement
Rights Cumulative; Waivers. The rights of each of the Parties hereunder parties under this Option are cumulative, may be exercised as often as any Party considers appropriate and are in addition to each such Party’s rights under any other documents executed between the Parties or, except as otherwise modified herein, under law. The rights of each of the Parties parties hereunder shall not be capable of being waived or varied other than by an express waiver or variation in writing. Any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right. However, the holders of a majority in principal amount of the Options may waive a default or rescind the declaration of an Exercise Default and its consequences except for a default in the exercise into Common Stock. Any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any Party party shall in any way preclude such Party party from exercising any such right or constitute a suspension or any variation of any such right.
Appears in 3 contracts
Samples: Regulation S Stock Purchase Agreement (Andain, Inc.), Regulation S Stock Purchase Agreement (Andain, Inc.), Option Agreement (Freestar Technology Corp)
Rights Cumulative; Waivers. The rights of each of the Parties hereunder parties under this Agreement are cumulative, cumulative and may be exercised as often as any Party party considers appropriate appropriate, subject to the time limitations set forth in this Agreement and are in addition to each such Party’s rights under any other documents executed between the Parties or, except as otherwise modified herein, under by applicable law. The rights of each of the Parties parties hereunder shall not be capable of being waived or varied other than except by an express waiver or variation in writingwriting and signed by both parties. Any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that right or any other such right. Any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that right or any other such right. No act or course of conduct or negotiation on the part of any Party party shall in any way preclude such Party party from exercising any such right or otherwise constitute a suspension or any variation of any such right.
Appears in 3 contracts
Samples: Loan Sale Agreement, Loan and Security Agreement (United American Healthcare Corp), Loan Sale Agreement (TNP Strategic Retail Trust, Inc.)
Rights Cumulative; Waivers. The rights of each of the Parties hereunder parties under this Warrant are cumulative, may be exercised as often as any Party considers appropriate and are in addition to each such Party’s rights under any other documents executed between the Parties or, except as otherwise modified herein, under law. The rights of each of the Parties parties hereunder shall not be capable of being waived or varied other than by an express waiver or variation in writing. Any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right. However, the holders of a majority in principal amount of the Warrants may waive a default or rescind the declaration of an Exercise Default and its consequences except for a default in the exercise into Common Stock. Any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any Party party shall in any way preclude such Party party from exercising any such right or constitute a suspension or any variation of any such right.
Appears in 2 contracts
Rights Cumulative; Waivers. The rights of each of the Parties hereunder parties under this Agreement are cumulative, may be exercised as often as any Party party considers appropriate appropriate, and are in addition to each such Party’s party's rights under any of the other documents executed between the Parties Operative Documents or, except as otherwise modified herein, under law. The rights of each of the Parties parties hereunder shall not be capable of being waived or varied other otherwise than by an express waiver or variation in writing. Any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right. Any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any Party party shall in any way preclude such Party party from exercising any such right or constitute a suspension or any variation of any such right.
Appears in 2 contracts
Samples: Asset Purchase and Sale Agreement (Bank United Corp), Asset Purchase and Sale Agreement (Bank United Corp)
Rights Cumulative; Waivers. The rights of the Parties hereunder parties under this Agreement are cumulative, may be exercised exercised, as often as any Party each party considers appropriate and are in addition to each such Party’s its rights under any other documents executed between the Parties or, except as otherwise modified herein, under general law. The rights of each both of the Parties hereunder parties (whether arising under this Agreement or the general law) shall not be capable of being waived or varied other otherwise than by an express waiver or variation in writing. Any ; and in particular any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right. Any ; any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No ; and no act or course of conduct or negotiation on the part of any Party either party or on its behalf shall in any way preclude such Party it from exercising any such right or constitute a suspension or any variation of any such right.
Appears in 2 contracts
Samples: HTM Aircraft Sale and Purchase Agreement, Aircraft Sale and Purchase Agreement (Aircastle LTD)
Rights Cumulative; Waivers. The rights of each of the Parties hereunder parties under this Agreement are cumulative, may be exercised as often as any Party party considers appropriate and are in addition to each such Party’s party's rights under any other documents executed between the Parties parties or, except as otherwise modified herein, under law. The rights of each of the Parties parties hereunder shall not be capable of being waived or varied other otherwise than by an express waiver or variation in writing. Any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right. Any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any Party party shall in any way preclude such Party party from exercising any such right or constitute a suspension or any variation of any such right.
Appears in 1 contract
Samples: Loan Purchase Agreement (Westmark Group Holdings Inc)
Rights Cumulative; Waivers. The rights of each of the Parties hereunder parties under this Agreement are cumulative, may be exercised as often as any Party each party considers appropriate and are in addition to each such Party’s its rights under any other documents executed between the Parties or, except as otherwise modified herein, under applicable law. The rights of each of the Parties hereunder parties (whether arising under this Agreement or the applicable law) shall not be capable of being waived or varied other otherwise than by an express waiver or variation in writing. Any ; and in particular any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right. Any ; any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No ; and no act or course of conduct or negotiation on the part of any Party either party or on its behalf shall in any way preclude such Party it from exercising any such right or constitute a suspension or any variation of any such right.
Appears in 1 contract
Samples: Aircraft Purchase Agreement (Hawaiian Holdings Inc)
Rights Cumulative; Waivers. The rights of each of the Parties hereunder parties -------------------------- under this Agreement are cumulative, cumulative and may be exercised as often as any Party party considers appropriate and are in addition to each such Party’s rights under any other documents executed between the Parties or, except as otherwise modified herein, under lawappropriate. The rights of each of the Parties parties hereunder shall not be capable of being waived or varied other otherwise than by an express waiver or variation that is in writingwriting and signed by the parties. Any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right. Any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any Party party shall in any way preclude such Party party from exercising any such right or constitute a suspension or any variation of any such right.
Appears in 1 contract
Rights Cumulative; Waivers. The Subject to and without prejudice to Clause 8, the rights of the Parties hereunder under this Agreement are cumulative, may be exercised as often as any each Party considers appropriate and are in addition to each such Party’s its rights under any other documents executed between the Parties or, except as otherwise modified herein, under general law. The rights of each of Party (whether arising under this Agreement or the Parties hereunder general law) shall not be capable of being waived or varied other otherwise than by an express waiver or variation in writing. Any ; and in particular any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right. Any ; any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No ; and no act or course of conduct or negotiation on the part of any either Party or on its behalf shall in any way preclude such Party it from exercising any such right or constitute a suspension or any variation of any such right.
Appears in 1 contract
Samples: Engine Sale Agreement (Air T Inc)