Waivers; Amendment. (a) No failure or delay of any Agent, any Issuing Lender or any Lender in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, the Issuing Lenders and the Lenders hereunder are cumulative and are not exclusive of any rights or remedies which they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Borrower from any such provision shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Borrower in any case shall entitle any Borrower to any other or further notice or demand in similar or other circumstances.
Appears in 18 contracts
Samples: Credit Agreement (ViacomCBS Inc.), Credit Agreement (Viacom Inc.), Credit Agreement (CBS Corp)
Waivers; Amendment. (a) No failure or delay of any Agent, any Issuing Lender or any Lender the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the AgentsCollateral Agent hereunder and of the Collateral Agent, the Issuing Lenders Administrative Agent and the Lenders hereunder under the other Loan Documents are cumulative and are not exclusive of any rights or remedies which that they would otherwise have. No waiver of any provision provisions of this Agreement or any other Loan Document or consent to any departure by any Borrower from any such provision Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Borrower Grantor in any case shall entitle such Grantor or any Borrower other Grantor to any other or further notice or demand in similar or other circumstances.
Appears in 11 contracts
Samples: Security Agreement (1295728 Alberta ULC), Security Agreement (Triton PCS Holdings Inc), Security Agreement (Memc Electronic Materials Inc)
Waivers; Amendment. (a) No failure or delay of any Agent, any Issuing Lender the Agent or any Lender in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, the Issuing Lenders Agent and the Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies which they would otherwise have. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by any the Borrower from any such provision therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any the Borrower in any case shall entitle any the Borrower to any other or further notice or demand in similar or other circumstances.
Appears in 9 contracts
Samples: Credit Facility Agreement (Janus Capital Group Inc), Credit Facility Agreement (Janus Capital Group Inc), Revolving Credit Facility Agreement (Janus Capital Group Inc)
Waivers; Amendment. (a) No failure or delay of any Agent, any Issuing Lender the Administrative Agent or any Lender in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, the Issuing Lenders Administrative Agent and the Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies which they would otherwise have. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by any Borrower from any such provision therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Borrower in any case shall entitle any such Borrower to any other or further notice or demand in similar or other circumstances.
Appears in 9 contracts
Samples: 364 Day Credit Agreement (Harsco Corp), Year Credit Agreement (Harsco Corp), Credit Agreement (Harsco Corp)
Waivers; Amendment. (a) No failure or delay of any Agent, any Issuing Lender the Administrative Agent or any Lender in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, the Issuing Lenders Administrative Agent and the Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies which they would otherwise have. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by any the Borrower from any such provision therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any the Borrower in any case shall entitle any the Borrower to any other or further notice or demand in similar or other circumstances.
Appears in 7 contracts
Samples: Term Loan Agreement (Weyerhaeuser Co), Credit Facility Agreement (Janus Capital Group Inc), Credit Agreement (Weyerhaeuser Co)
Waivers; Amendment. (a) No failure or delay of any the Administrative Agent, any Issuing Lender or any Lender Issuer in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the AgentsAdministrative Agent, the Issuing Lenders and the Lenders Issuers hereunder are cumulative and are not exclusive of any rights or remedies which they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Borrower from any such provision therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Borrower in any case shall entitle any such Borrower to any further notice or shall entitle such Borrower or any other or further Borrower to notice or demand in similar or other circumstances.
Appears in 7 contracts
Samples: Revolving Credit Agreement (Howmet Aerospace Inc.), Credit Agreement (Howmet Aerospace Inc.), Revolving Credit Agreement (Howmet Aerospace Inc.)
Waivers; Amendment. (a) No failure or delay of any Agent, any Issuing Lender the Administrative Agent or any Lender in exercising any power or right hereunder under the Loan Documents shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, the Issuing Lenders Administrative Agent and the Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies which they would otherwise have. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by any the Borrower from any such provision therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any the Borrower in any case shall entitle any the Borrower to any other or further notice or demand in similar or other circumstances.
Appears in 5 contracts
Samples: Term Loan Credit Agreement (Avista Corp), Credit Agreement (Avista Corp), Credit Agreement (Avista Corp)
Waivers; Amendment. (a) No failure or delay of any Agent, any Issuing Lender or any the Lender in exercising any power or right hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, Lender hereunder and under the Issuing Lenders and the Lenders hereunder other Loan Documents are cumulative and are not exclusive of any rights or remedies which they that it would otherwise have. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by the Borrower or any Borrower from any such provision other Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any the Borrower in any case shall entitle any the Borrower to any other or further notice or demand in similar or other circumstances.
Appears in 5 contracts
Samples: Credit Agreement, Credit Agreement, Credit Agreement
Waivers; Amendment. (a) No failure or delay of any Agent, any Issuing Lender the Administrative Agent or any Lender in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, the Issuing Lenders Administrative Agent and the Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies which they would otherwise have. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by any the Borrower from any such provision therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) belowSection 9.08(b), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any the Borrower in any case shall entitle any the Borrower to any other or further notice or demand in similar or other circumstances.
Appears in 4 contracts
Samples: Senior Unsecured Credit Agreement (Choice Hotels International Inc /De), Credit Agreement (Choice Hotels International Inc /De), Senior Unsecured Credit Agreement (Choice Hotels International Inc /De)
Waivers; Amendment. (a) No failure or delay of any Agent, any Issuing Lender the Administrative Agent or any Lender in exercising any power or right hereunder or under any Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, the Issuing Lenders Administrative Agent and the Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies which they would otherwise have. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by any a Borrower from any such provision therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any a Borrower in any case shall entitle any such Borrower to any other or further notice or demand in similar or other circumstances.
Appears in 4 contracts
Samples: Credit Agreement (Popular Inc), Credit Agreement (Popular Inc), Credit Agreement (Popular Inc)
Waivers; Amendment. (a) No failure or delay of any the Administrative Agent, any Issuing Lender or any Lender the Issuing Bank in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the AgentsAdministrative Agent, the Issuing Lenders Bank and the Lenders hereunder are cumulative and are not exclusive of any rights or remedies which that they would otherwise have. No waiver of any provision of this Agreement or any other Loan Paper, or consent to any departure by any the Borrower from any such provision therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any the Borrower in any case shall entitle any the Borrower to any other or further notice or demand in similar or other circumstances.
Appears in 4 contracts
Samples: Credit Agreement (Ascent Entertainment Group Inc), Credit Agreement (Ascent Entertainment Group Inc), Credit Agreement (Ascent Entertainment Group Inc)
Waivers; Amendment. (a) No failure or delay of any Agent, any Issuing Lender or any Lender the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the AgentsCollateral Agent hereunder and of the Collateral Agent, the Issuing Lenders Trustee and the Lenders hereunder Holders under the other Indenture Documents are cumulative and are not exclusive of any rights or remedies which that they would otherwise have. No waiver of any provision provisions of this Agreement or any other Indenture Document or consent to any departure by any Borrower from any such provision Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Borrower Grantor in any case shall entitle such Grantor or any Borrower other Grantor to any other or further notice or demand in similar or other circumstances.
Appears in 4 contracts
Samples: Security Agreement (Reptron Electronics Inc), Security Agreement (Leap Wireless International Inc), Second Priority Security Agreement (Pierson Industries Inc)
Waivers; Amendment. (a) No failure or delay of any the Administrative Agent, any Issuing Lender or any Lender the Issuing Bank in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the AgentsAdministrative Agent, the Issuing Lenders Bank and the Lenders hereunder are cumulative and are not exclusive of any rights or remedies which that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any the Borrower from any such provision therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any the Borrower in any case shall entitle any the Borrower to any other or further notice or demand in similar or other circumstances.
Appears in 3 contracts
Samples: Credit Agreement (Laboratory Corp of America Holdings), Credit Agreement (Laboratory Corp of America Holdings), Credit Agreement (Laboratory Corp of America Holdings)
Waivers; Amendment. (a) No a)No failure or delay of any Agent, any Issuing Lender the Administrative Agent or any Lender in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, the Issuing Lenders Administrative Agent and the Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies which they would otherwise have. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by any Borrower from any such provision therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Borrower in any case shall entitle any such Borrower to any other or further notice or demand in similar or other circumstances.
Appears in 3 contracts
Samples: Five Year Credit Agreement (Harsco Corp), Year Credit Agreement (Harsco Corp), Year Credit Agreement (Harsco Corp)
Waivers; Amendment. (a) No failure or delay of any Agent, any Issuing Lender or any Lender the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the AgentsCollateral Agent hereunder and of the Collateral Agent, the Issuing Lenders Administrative Agent and the Lenders hereunder Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies which that they would otherwise have. No waiver of any provision provisions of this Agreement or any other Loan Document or consent to any departure by any the Borrower from any such provision therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any the Borrower in any case shall entitle any the Borrower to any other or further notice or demand in similar or other circumstances.
Appears in 3 contracts
Samples: Security Agreement (Winstar Communications Inc), Security Agreement (Winstar Communications Inc), Credit Agreement (Winstar Communications Inc)
Waivers; Amendment. (a) No failure or delay of any Agent, any Issuing Lender the Administrative Agent or any Lender Bank in exercising any power or right hereunder under the Loan Documents shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, the Issuing Lenders Administrative Agent and the Lenders Banks hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies which they would otherwise have. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by any the Borrower from any such provision therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any the Borrower in any case shall entitle any the Borrower to any other or further notice or demand in similar or other circumstances.
Appears in 2 contracts
Samples: Credit Agreement (Avista Corp), Credit Agreement (Avista Corp)
Waivers; Amendment. (a) No failure or delay of any Agent, any Issuing Lender or any the Lender in exercising any power or right hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, Lender hereunder and under the Issuing Lenders and the Lenders hereunder other Loan Documents are cumulative and are not exclusive of any rights or remedies which they that it would otherwise have. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by any the Borrower from any such provision therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any the Borrower in any case shall entitle any the Borrower to any other or further notice or demand in similar or other circumstances.
Appears in 2 contracts
Samples: Loan Agreement (Thoratec Corp), Loan Agreement (HeartWare International, Inc.)
Waivers; Amendment. (a) No failure or delay of any Agent, any Issuing Lender the Administrative Agent or any Lender in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, the Issuing Lenders Administrative Agent and the Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies which they would otherwise have. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by any the Borrower from any such provision or Holdings therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any the Borrower or Holdings in any case shall entitle any the Borrower to any other or further notice or demand in similar or other circumstances.
Appears in 2 contracts
Samples: Credit Agreement (Collins & Aikman Corp), Credit Agreement (Collins & Aikman Corp)
Waivers; Amendment. (a) No failure or delay of by any Agent, any Issuing Lender Agent or any Lender in exercising any right or power hereunder or right hereunder under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, the Issuing Lenders each Agent and the Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies which that they would otherwise have. No waiver of any provision of this Agreement any Loan Document or consent to any departure by any Borrower from any such provision therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) belowof this Section, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No Without limiting the generality of the foregoing, the making of a Loan shall not be construed as a waiver of any Default, regardless of whether any Agent or any Lender may have had notice or demand on any Borrower in any case shall entitle any Borrower to any other or further notice or demand in similar or other circumstancesknowledge of such Default at the time.
Appears in 2 contracts
Samples: Credit Agreement (Express Parent LLC), Credit Agreement (Express Parent LLC)
Waivers; Amendment. (a) No failure or delay of any Agent, any Issuing Lender the ------------------- Administrative Agent or any Lender in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the AgentsAdministrative Agent, the Issuing Lenders and the Lenders Borrowers hereunder are cumulative and are not exclusive of any rights or remedies which they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Borrower from any such provision therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Borrower in any case shall entitle any such Borrower to any other or further notice or demand in similar or other circumstances.
Appears in 2 contracts
Samples: Day Revolving Credit Agreement (Penney J C Funding Corp), Revolving Credit Agreement (Penney J C Funding Corp)
Waivers; Amendment. (a) No failure or delay of the Agent or any Agent, any Issuing Lender or any Lender Issuing Bank in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the AgentsAgent, the Issuing Lenders Bank and the Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies which they would otherwise have. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by any the Borrower from any such provision therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) belowSection 9.08(b), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any the Borrower in any case shall entitle any such Borrower to any other or further notice or demand in similar or other circumstances.
Appears in 2 contracts
Samples: Competitive Advance and Multi (Choice Hotels Holdings Inc), Agreement (Choice Hotels Holdings Inc)
Waivers; Amendment. (a) No failure or delay of the Agent or any Agent, any Issuing Lender or any Lender Issuing Bank in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the AgentsAgent, the Issuing Lenders Bank and the Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies which they would otherwise have. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by any the Borrower from any such provision therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) belowSection 9.08(b), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any the Borrower in any case shall entitle any the Borrower to any other or further notice or demand in similar or other circumstances.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Choice Hotels International Inc /De), Revolving Credit Agreement (Choice Hotels International Inc /De)
Waivers; Amendment. (a) No failure or delay of any the Administrative Agent, any the Issuing Lender Bank or any Lender in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the AgentsAdministrative Agent, the Issuing Lenders Bank and the Lenders hereunder are cumulative and are not exclusive of any rights or remedies which they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any the Borrower from any such provision therefrom shall in any event be effective unless the same shall be permitted by paragraph para graph (b) below, and then such waiver or consent shall be effective effec tive only in the specific instance and for the purpose for which given. No notice or demand on any the Borrower in any case shall entitle any the Borrower to any other or further notice or demand in similar or other circumstances.
Appears in 2 contracts
Samples: Revolving Credit and Letter of Credit Facility Agreement (Fingerhut Companies Inc), Fingerhut Companies Inc
Waivers; Amendment. (a) No failure or delay of any Agent, any Issuing Lender the ------------------- Agent or any Lender in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the AgentsAgent, the Issuing Lenders and the Lenders Borrowers hereunder are cumulative and are not exclusive of any rights or remedies which they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Borrower from any such provision therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Borrower in any case shall entitle any such Borrower to any other or further notice or demand in similar or other circumstances.
Appears in 2 contracts
Samples: Credit Agreement (Penney J C Funding Corp), Credit Agreement (Penney J C Funding Corp)
Waivers; Amendment. (a) No failure or delay of any Agent, any Issuing Lender or any Lender in exercising any power or right hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, the Issuing Lenders and the Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies which that they would otherwise have. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by the Borrower or any Borrower from any such provision other Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any the Borrower in any case shall entitle any the Borrower to any other or further notice or demand in similar or other circumstances.
Appears in 2 contracts
Samples: Senior Subordinated Loan Agreement (Geokinetics Inc), Senior Subordinated Loan Agreement (Avista Capital Partners, L.P.)
Waivers; Amendment. (a) No failure or delay of any Agent, any Issuing Lender the Administrative Agent or any Lender in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, the Issuing Lenders Administrative Agent and the Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies which that they would otherwise have. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by any the Borrower from any such provision therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any the Borrower in any case shall entitle any the Borrower to any other or further notice or demand in similar or other circumstances.
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay of any Agentthe Borrower, any Issuing Lender the Administrative Agent or any Lender in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the AgentsBorrower, the Issuing Lenders Administrative Agent and the Lenders hereunder are cumulative and are not exclusive of any rights or remedies which that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by the Borrower or any Borrower from any such provision Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any the Borrower in any case shall entitle any the Borrower to any other or further notice or demand in similar or other circumstances.
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay of any Agent, any Issuing Lender the Administrative Agent or any Lender in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, the Issuing Lenders Administrative Agent and the Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies which they would otherwise have. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by any the Borrower from any such provision therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any the Borrower in any case shall entitle any the Borrower to any other or further notice or demand in similar or other circumstances.
Appears in 1 contract
Samples: Credit Agreement (Tredegar Corp)
Waivers; Amendment. (a) No failure or delay of any Agent, any the Issuing Lender Bank or any Lender in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or 108 discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, the Issuing Lenders Bank and the Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies which they would otherwise have. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by any the Borrower from any such provision therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) belowSection 9.08(b), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any the Borrower in any case shall entitle any the Borrower to any other or further notice or demand in similar or other circumstances.
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay of any Agent, any Issuing Lender Bank or any Lender in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, the Issuing Lenders Banks and the Lenders hereunder are cumulative and are not exclusive of any rights or remedies which they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any the Borrower from any such provision therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any the Borrower in any case shall entitle any the Borrower to any other or further notice or demand in similar or other circumstances.
Appears in 1 contract
Samples: Credit Facility Agreement (At&t Wireless Services Inc)
Waivers; Amendment. (a) No failure or delay of any Agent, any Issuing Lender the Administrative Agent or any Lender in exercising any power or right hereunder or under any Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, the Issuing Lenders Administrative Agent and the Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies which they would otherwise have. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by any Borrower from any such provision the Borrowers therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Borrower in any case shall entitle any such Borrower to any other or further notice or demand in similar or other circumstances.
Appears in 1 contract
Samples: Revolving Credit and Competitive Advance Facility Agreement (Crown Cork & Seal Co Inc)
Waivers; Amendment. (a) No failure or delay of any Agent, any Issuing Lender the Collateral Agent or any Lender other Secured Party in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, Collateral Agent hereunder and of the Issuing Lenders and other Secured Parties under the Lenders hereunder other Credit Transaction Documents are cumulative and are not exclusive of any rights or remedies which that they would otherwise have. No waiver of any provision provisions of this Agreement or any other Credit Transaction Document or consent to any departure by any the Borrower from any such provision therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any the Borrower in any case shall entitle any Borrower it to any other or further notice or demand in similar or other circumstances.
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay of any Agent, any Issuing Lender the Administrative Agent or any Lender in exercising any power or right hereunder or under any Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, the Issuing Lenders Administrative Agent and the Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies which they would otherwise have. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by any the Borrower from any such provision therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any the Borrower in any case shall entitle any the Borrower to any other or further notice or demand in similar or other circumstances.
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay of any Agent, any Issuing Lender the Administrative Agent or any Lender in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, the Issuing Lenders Administrative Agent and the Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies which they would otherwise have. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by any Borrower from any such provision the Borrowers therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Borrower the Borrowers in any case shall entitle any Borrower the Borrowers to any other or further notice or demand in similar or other circumstances.
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay of any Agent, any Issuing Lender the Administrative Agent or any other Lender in exercising any right or power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, the Issuing Lenders Administrative Agent and the other Lenders hereunder or under the Credit Agreement or any other Loan Document are cumulative and are not exclusive of any rights or remedies which that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Borrower from any such provision Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) belowof this Section, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Borrower Guarantor in any case shall entitle any Borrower such Guarantor to any other or further notice or demand in similar or other circumstances.. Form of Guarantee Agreement
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Waivers; Amendment. (a) No failure or delay of any Agent, any Issuing Lender the Agent or any Lender in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, the Issuing Lenders Agent and the Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies which they would otherwise have. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by any Borrower from any such provision the Borrowers therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any either Borrower in any case shall entitle any such Borrower to any other or further notice or demand in similar or other circumstances.
Appears in 1 contract
Samples: Credit Agreement (Dillards Inc)
Waivers; Amendment. (a) No i)No failure or delay of any Agent, any Issuing Lender the Administrative Agent or any Lender in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, the Issuing Lenders Administrative Agent and the Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies which they would otherwise have. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by any Borrower from any such provision therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Borrower in any case shall entitle any such Borrower to any other or further notice or demand in similar or other circumstances.
Appears in 1 contract
Samples: Credit Agreement (Harsco Corp)
Waivers; Amendment. (a) No failure or delay of any Agent, any Issuing Lender or any Lender the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the AgentsCollateral Agent hereunder and of the Collateral Agent, the Issuing Lenders Administrative Agent and the Lenders hereunder under the other Loan Documents are cumulative and are not exclusive of any rights or remedies which they would otherwise have. No waiver of any provision provisions of this Agreement or consent to any departure by any Borrower from any such provision Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Borrower Grantor in any case shall entitle such Grantor or any Borrower other Grantor to any other or further notice or demand in similar or other circumstances.
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay of any Agent, any Issuing Lender the Agent or any Lender in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, the Issuing Lenders Agent and the Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies which they would otherwise have. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by any Borrower from any such provision therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) belowSection 10.08(b), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Borrower in any case shall entitle any such Borrower to any other or further notice or demand in similar or other circumstances.
Appears in 1 contract
Samples: Borrowing Subsidiary Agreement (Manor Care Inc/New)
Waivers; Amendment. (a) No failure or delay of any Agent, any Issuing Lender Agent or any Lender in exercising any right or power hereunder or right hereunder under any Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, the Issuing Lenders each Agent and the Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies which that they would otherwise have. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by any the Borrower from any such provision therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any the Borrower in any case shall entitle any Borrower such person to any other or further notice or demand in similar or other circumstances.
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Waivers; Amendment. (a) No a)No failure or delay of any Agent, any Issuing Lender or any the Lender in exercising any power or right hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, Lender hereunder and under the Issuing Lenders and the Lenders hereunder other Loan Documents are cumulative and are not exclusive of any rights or remedies which that they would otherwise have. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by the Borrower or any Borrower from any such provision other Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any the Borrower in any case shall entitle any the Borrower to any other or further notice or demand in similar or other circumstances.
Appears in 1 contract
Samples: Credit Agreement (Ener1 Inc)
Waivers; Amendment. (a) No failure or delay of any Agent, any Issuing Lender by the Administrative Agent or any Lender in exercising any right or power hereunder or right hereunder under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, Administrative Agent and each Lender hereunder and under the Issuing Lenders and the Lenders hereunder other Loan Documents are cumulative and are not exclusive of any rights or remedies which that they would otherwise have. No waiver of any provision of this Agreement any Loan Document or consent to any departure by any Borrower from any such provision Debtor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) belowof this Section, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No Without limiting the generality of the foregoing, the making of a Loan shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent or any Lender may have had notice or demand on any Borrower in any case shall entitle any Borrower to any other or further notice or demand in similar or other circumstancesknowledge of such Default at the time.
Appears in 1 contract
Samples: Possession Credit Agreement (Raser Technologies Inc)
Waivers; Amendment. (a) No failure or delay of any Agent, any Issuing Lender or any the Lender in exercising any power or right hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, Lender hereunder and under the Issuing Lenders and the Lenders hereunder other Loan Documents are cumulative and are not exclusive of any rights or remedies which that they would otherwise have. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by the Borrower or any Borrower from any such provision Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph clause (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on the Borrower or any Borrower Guarantor in any case shall entitle the Borrower or any Borrower Guarantor to any other or further notice or demand in similar or other circumstances.
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay of any Agent, any Issuing Lender or any the Lender in exercising any power or right hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, Lender hereunder and under the Issuing Lenders and the Lenders hereunder other Loan Documents are cumulative and are not exclusive of any rights or remedies which that they would otherwise have. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by the Borrower or any Borrower from any such provision other Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any the Borrower in any case shall entitle any the Borrower to any other or further notice or demand in similar or other circumstances.
Appears in 1 contract
Samples: Credit Agreement (Electronic Cigarettes International Group, Ltd.)
Waivers; Amendment. (a) No failure or delay of any Agent, any Issuing Lender the Agent or any Lender in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, the Issuing Lenders Agent and the Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies which they would otherwise have. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by any the Borrower from any such provision therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any either Borrower in any case shall entitle any such Borrower to any other or further notice or demand in similar or other circumstances.
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay of any Agent, any Issuing Lender or any Lender the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, Collateral Agent hereunder and of the Issuing Lenders Collateral Agent and the Lenders hereunder other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies which that they would otherwise have. No waiver of any provision provisions of this Agreement or any other Loan Document or consent to any departure by any Borrower from any such provision Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Borrower Grantor in any case shall entitle such Grantor or any Borrower other Grantor to any other or further notice or demand in similar or other circumstances.
Appears in 1 contract
Samples: Security Agreement (Donjoy LLC)