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: Correspondent Loan Purchase Agreement, Correspondent Loan Purchase Agreement, Correspondent Loan Purchase Agreement
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 3 contracts
Samples: Warrant Agreement (Studio One Media, Inc.), Warrant Agreement (Studio One Media, Inc.), Warrant Agreement (Theinternetcorp Net Inc)
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, 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: 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 and each Purchase Document 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: Mortgage Loan Purchase Agreement (Sterling Bancorp, Inc.)
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)
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. (a) The respective rights and remedies of the Parties hereunder parties provided in this Agreement are cumulative, cumulative and may be exercised as often as any Party considers considered appropriate and are in addition to each such Party’s any respective rights under any other documents executed between the Parties or, except as otherwise modified herein, under or remedies provided by general law. .
(b) The respective rights of each of the Parties hereunder parties hereto 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 variation or 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 their part of any Party or on their behalf shall in any way preclude such Party them from exercising any such right or constitute a suspension or any variation of any such right.
Appears in 1 contract
Samples: Pledge Agreement (Flagstone Reinsurance Holdings LTD)
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