No Waiver; Remedies, Etc Sample Clauses

No Waiver; Remedies, Etc. No failure on the part of any Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents and the Lenders provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents and the Lenders under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents and the Lenders to exercise any of their rights under any other Loan Document against such party or against any other Person.
Sample 1Sample 2Sample 3See All (243)
No Waiver; Remedies, Etc. No failure on the part of the Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Lender provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Lender under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Lender to exercise any of their rights under any other Loan Document against such party or against any other Person.
Sample 1Sample 2Sample 3See All (29)
No Waiver; Remedies, Etc. No failure on the part of the L/C Issuer, any Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the L/C Issuer, the Lenders and the Agent provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Lenders, the L/C Issuer and the Agent under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Lenders, the L/C Issuer and the Agent to exercise any of their rights under any other Loan Document against such party or against any other Person.
Sample 1Sample 2Sample 3See All (11)
No Waiver; Remedies, Etc. No failure on the part of the Agent or any Holder to exercise, and no delay in exercising, any right hereunder or under any other Funding Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Funding Document preclude any other or further exercise thereof or the exercise of other Funding Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agent and the Holders under any Funding Document against any party thereto are not conditional or contingent on any attempt by the Agent and the Holders to exercise any of their rights under any other Funding Document against such party or against any other Person.
Sample 1Sample 2Sample 3See All (8)
No Waiver; Remedies, Etc. No remedy under this Agreement, under the Purchase Agreement, or any other Investment Document is intended to be exclusive of any other remedy, but each and every remedy shall be cumulative and in addition to any and every other remedy given under this Agreement, under the Purchase Agreement, or any other Investment Document, and those provided by law. No failure on the part of the Secured Party to exercise, and no delay in exercising any right under this Agreement, any other Investment Document, or otherwise with respect to any of the Secured Obligations, shall operate as a waiver thereof; nor shall any single or partial exercise of any right under this Agreement, any other Investment Document, or otherwise with respect to any of the Secured Obligations preclude any other or further exercise thereof or the exercise of any other right. The remedies provided for in this Agreement or otherwise with respect to any of the Secured Obligations are cumulative and not exclusive of any remedies provided by law.
Sample 1Sample 2Sample 3
No Waiver; Remedies, Etc. No failure on the part of any Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any
Sample 1
No Waiver; Remedies, Etc. (a) No failure on the part of the Lender to exercise, and no delay in exercising, any right under any Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The remedies provided in the Loan Documents are cumulative and not exclusive of any remedies provided by law. (b) Notwithstanding Section 7.03(a), the execution and delivery of this Agreement, the Amended and Restated Term Note, the Amended and Restated Term Revolving Note, and the other Loan Documents and Related Documents described herein shall supersede and replace in their entirety the 2007 MLA, the Third Supplement, the Fourth Supplement, and the Fifth Supplement, Note One, Note Two, and Note Three, the Forbearance Agreement and all supplements, amendments, restatements and other modifications thereof, which shall hereafter be of no force or effect.
Sample 1
No Waiver; Remedies, Etc. 151 Section 12.04 Expenses; Taxes; Attorneys' Fees152151 Section 12.05 Right of Set-off153 Section 12.06 Severability153 Section 12.07 Assignments and Participations153 Section 12.08 Counterparts157 Section 12.09 GOVERNING LAW158157
Sample 1
No Waiver; Remedies, Etc. 42 SECTION 10.05. Expenses; Taxes; Attorneys' Fees............................................42 SECTION 10.06. Right of Set-off............................................................42 SECTION 10.07. Severability................................................................43 SECTION 10.08. Assignments and Participations..............................................43 SECTION 10.09. Counterparts................................................................44 SECTION 10.10 Headings....................................................................44 SECTION 10.11. Governing Law; Submissions to Jurisdiction..................................44 SECTION 10.12. WAIVER OF JURY TRIAL, ETC...................................................45 SECTION 10.13. Consent by the Agent, Lenders...............................................45 SECTION 10.14. No Party Deemed Drafter.....................................................45 SECTION 10.15. Reinstatement; Certain Payments.............................................45 SECTION 10.16. Indemnification.............................................................45 SECTION 10.17. Binding Effect..............................................................46 SECTION 10.18. Confidentiality.............................................................46 SCHEDULE 1.01A Lenders and Lenders' Commitments SCHEDULE 5.01(e) Inventory Locations SCHEDULE 5.01(j) ERISA SCHEDULE 5.01(k) Taxes, Etc. SCHEDULE 5.01(t) Operating Lease Obligations SCHEDULE 5.01(z) Tradenames SCHEDULE 5.01(bb) Material Contracts and Investor Agreements SCHEDULE 5.01(cc) Capitalization SCHEDULE 6.02(a)(ii) Liens SCHEDULE 6.02(c)(iii) Guaranties SCHEDULE 6.02(g) Capitalized Lease Obligations SCHEDULE 6.02(m) Transactions with Affiliates EXHIBIT A Form of Note EXHIBIT B Form of Guaranty EXHIBIT C Form of Security Agreement EXHIBIT D Form of Borrower's Counsel Opinion EXHIBIT E Form of Assignment and Acceptance EXHIBIT F Form of Warrant EXHIBIT G Form of Intercreditor Agreement (Other Senior Indebtedness) EXHIBIT H Form of Joinder Agreement EXHIBIT I Form of Pledge Agreement EXHIBIT J Form of Control Agreement EXHIBIT K Form of GS Representation Letter EXHIBIT L Form of Debt Conversion Letter Annex I Business Plan FINANCING AGREEMENT FINANCING AGREEMENT, dated as of June 26, 2000, by and among Gilat-to-Home Inc., a Delaware corporation (the "Borrower"), the financial institutions from time to time party hereto (each a "Lender" and collectively the "L...
Sample 1
No Waiver; Remedies, Etc. No failure on the part of the ------------------------- Lender Group to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Lender Group provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Lender Group under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Lender Group to exercise any of their rights under any other Loan Document against such party or against any other Person.
Sample 1