Waivers; Estoppel; Non-Exclusive Remedies. (a) No failure on the part of Secured Party to exercise, no delay in exercising, and no course of dealing with respect to, any Right under this Agreement shall operate as a waiver thereof; nor shall any single or partial exercise by Secured Party of any Right under this Agreement preclude any other or further exercise thereof or the exercise of any other Right. (b) No delay or failure by Secured Party to enforce any provision hereunder shall preclude Secured Party from enforcing any such provision thereafter. (c) Secured Party shall be under no duty or obligation whatsoever to give Debtor notice of, or to exercise, any subscription Rights or privileges, any Rights or privileges to exchange, convert, or redeem, or any other Rights or privileges relating to or affecting any Collateral. (d) Debtor, to the extent it may lawfully do so, (i) agrees that it will not at any time, in any manner whatsoever, claim or take the benefit or advantage of any appraisement, valuation, stay, extension, moratorium, turnover or redemption Law, or any Law permitting it to direct the order in which the Collateral shall be sold, now or at any time hereafter in force, which may delay, prevent, or otherwise affect the performance or enforcement of this Agreement, (ii) hereby waives all benefit or advantage of all such Laws and covenants, and (iii) agrees that it will suffer and permit the execution of every such power as though no such Law were in force. (e) Debtor, to the extent it may lawfully do so, on behalf of itself and all who claim through or under it, including, without limitation, any and all subsequent creditors, vendees, assignees, and lienors, waives and releases all Rights to demand or to have any marshalling of the Collateral upon any sale, whether made under any power of sale granted in this Agreement or pursuant to judicial proceedings or upon foreclosure or any enforcement of this Agreement and consents and agrees that all the Collateral may at any such sale be offered and sold as an entirety. (f) Debtor waives, to the extent permitted by applicable Law, presentment, demand, protest, and any notice of any kind (except notices explicitly required under this Agreement) in connection with this agreement and any action taken by Secured Party with respect to the Collateral. (g) The Rights in this Agreement are cumulative and are not exclusive of any other remedies provided by Law or any other contract.
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Samples: Amendment Agreement (Vail Resorts Inc), Credit Agreement (Vail Resorts Inc), Credit Agreement (Vail Resorts Inc)
Waivers; Estoppel; Non-Exclusive Remedies. (a) No failure on the part of Secured Party Agent to exercise, no delay in exercising, and no course of dealing with respect to, any Right right under this Agreement agreement shall operate as a waiver thereof; nor shall any single or partial exercise by Secured Party Agent of any Right right under this Agreement agreement preclude any other or further exercise thereof or the exercise of any other Rightright.
(b) No delay or failure by Secured Party to enforce any provision hereunder shall preclude Secured Party from enforcing any such provision thereafter.
(c) Secured Party shall be under no duty or obligation whatsoever to give Debtor notice of, or to exercise, any subscription Rights or privileges, any Rights or privileges to exchange, convert, or redeem, or any other Rights or privileges relating to or affecting any Collateral.
(d) DebtorPledgor, to the extent it may lawfully do so, (i) agrees that it will not at any time, in any manner whatsoever, claim or take the benefit or advantage of any appraisement, valuation, stay, extension, moratorium, turnover or redemption Lawlaw, or any Law law permitting it to direct the order in which the Pledge Agreement Collateral shall be sold, now or at any time hereafter in force, which may delay, prevent, prevent or otherwise affect the performance or enforcement of this Agreementagreement, (ii) hereby waives all benefit or advantage of all such Laws laws and covenants, covenants and (iii) agrees that it will suffer and permit the execution of every such power as though no such Law law were in force.
(ec) DebtorPledgor, to the extent it may lawfully do so, on behalf of itself and all who claim through or under it, including, without limitation, any and all subsequent creditors, vendees, assignees, assignees and lienors, waives and releases all Rights rights to demand or to have any marshalling of the Pledge Agreement Collateral upon any sale, whether made under any power of sale granted in this Agreement agreement or pursuant to judicial proceedings or upon foreclosure or any enforcement of this Agreement agreement and consents and agrees that all the Pledge Agreement Collateral may at any such sale be offered and sold as an entirety.
(fd) Debtor Pledgor waives, to the extent permitted by applicable Lawlaw, presentment, demand, protest, protest and any notice of any kind (except notices explicitly required under this Agreementagreement) in connection with this agreement and any action taken by Secured Party Agent with respect to the Pledge Agreement Collateral.
(ge) The Rights in this Agreement agreement are cumulative and are not exclusive of any other remedies provided by Law or any other contract.
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Samples: Credit Agreement (Vail Resorts Inc)
Waivers; Estoppel; Non-Exclusive Remedies. (a) a. No failure on the part of Secured Party to exercise, no delay in exercising, and no course of dealing with respect to, any Right under this Agreement shall operate as a waiver thereof; nor shall any single or partial exercise by Secured Party of any Right under this Agreement preclude any other or further exercise thereof or the exercise of any other Right.
(b) b. No delay or failure by Secured Party to enforce any provision hereunder shall preclude Secured Party from enforcing any such provision thereafter.
(c) c. Secured Party shall be under no duty or obligation whatsoever to give Debtor notice of, or to exercise, any subscription Rights or privileges, any Rights or privileges to exchange, convert, or redeem, or any other Rights or privileges relating to or affecting any Collateral.
(d) d. Debtor, to the extent it may lawfully do so, (i) agrees that it will not at any time, in any manner whatsoever, claim or take the benefit or advantage of any appraisement, valuation, stay, extension, moratorium, turnover or redemption Law, or any Law permitting it to direct the order in which the Collateral shall be sold, now or at any time hereafter in force, which may delay, prevent, or otherwise affect the performance or enforcement of this Agreement, (ii) hereby waives all benefit or advantage of all such Laws and covenants, and (iii) agrees that it will suffer and permit the execution of every such power as though no such Law were in force.
(e) e. Debtor, to the extent it may lawfully do so, on behalf of itself and all who claim through or under it, including, without limitation, any and all subsequent creditors, vendees, assignees, and lienors, waives and releases all Rights to demand or to have any marshalling of the Collateral upon any sale, whether made under any power of sale granted in this Agreement or pursuant to judicial proceedings or upon foreclosure or any enforcement of this Agreement and consents and agrees that all the Collateral may at any such sale be offered and sold as an entirety.
(f) f. Debtor waives, to the extent permitted by applicable Law, presentment, demand, protest, and any notice of any kind (except notices explicitly required under this Agreement) in connection with this agreement and any action taken by Secured Party with respect to the Collateral.
(g) g. The Rights in this Agreement are cumulative and are not exclusive of any other remedies provided by Law or any other contract.
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