Common use of Cumulative Rights and No Waiver Clause in Contracts

Cumulative Rights and No Waiver. Each and every right granted to Bank under any Loan Document, or allowed it by law or equity shall be cumulative of each other and may be exercised in addition to any and all other rights of Bank, and no delay in exercising any right shall operate as a waiver thereof, nor shall any single or partial exercise by Bank of any right preclude any other or future exercise thereof or the exercise of any other right. Borrower expressly waives any presentment, demand, protest or other notice of any kind, including but not limited to notice of intent to accelerate and notice of acceleration. No notice to or demand on Borrower in any case shall, of itself, entitle Borrower to any other or future notice or demand in similar or other circumstances.

Appears in 54 contracts

Samples: Loan Agreement (American Retirement Corp), Loan Agreement (Ihop Corp), Loan Agreement (SCB Computer Technology Inc)

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Cumulative Rights and No Waiver. Each and every right granted to Bank Lender under any Loan Document, or allowed it by law or equity shall be cumulative of each other and may be exercised in addition to any and all other rights of BankLender, and no delay in exercising any right shall operate as a waiver thereof, nor shall any single or partial exercise by Bank Lender of any right preclude any other or future exercise thereof or the exercise of any other right. Borrower expressly waives any presentment, demand, protest or other notice of any kind, including but not limited to notice of intent to accelerate and notice of acceleration. No notice to or demand on Borrower in any case shall, of itself, entitle Borrower to any other or future notice or demand in similar or other circumstances.

Appears in 19 contracts

Samples: Loan Agreement, Loan Agreement (Trek Resources Inc), Loan Agreement (Bioheart, Inc.)

Cumulative Rights and No Waiver. Each and every right granted to the Bank under any Loan Document, or allowed it by law or equity shall be cumulative of each other and may be exercised in addition to any and all other rights of the Bank, and no delay in exercising any right shall operate as a waiver thereof, nor shall any single or partial exercise by the Bank of any right preclude any other or future exercise thereof or the exercise of any other right. The Borrower expressly waives any presentment, demand, protest or other notice of any kind, including but not limited to notice of intent to accelerate and notice of acceleration, except in the event and to the extent that any such notice is expressly required by the terms of any Loan Document. No notice to or demand on the Borrower in any case shall, of itself, entitle the Borrower to any other or future notice or demand in similar or other circumstances.

Appears in 3 contracts

Samples: Loan Agreement (Martha Stewart Living Omnimedia Inc), Loan Agreement (Martha Stewart Living Omnimedia Inc), Loan Agreement (Martha Stewart Living Omnimedia Inc)

Cumulative Rights and No Waiver. Each and every right granted to Bank Lender under any Loan Document, or allowed it by law or equity shall be cumulative of each other and may be exercised in addition to any and all other rights of BankLender, and no delay in exercising any right shall operate as a waiver thereof, nor shall any single or partial exercise by Bank Lender of any right preclude any other or future exercise thereof or the exercise of any other right. The Borrower expressly waives any presentment, demand, protest or other notice of any kind, including but not limited to notice of intent to accelerate and notice of acceleration. No notice to or demand on the Borrower in any case shall, of itself, entitle the Borrower to any other or future notice or demand in similar or other circumstances.

Appears in 3 contracts

Samples: Loan Agreement (Medical Technology Systems Inc /De/), Loan Agreement (Medical Technology Systems Inc /De/), Loan Agreement (Medical Technology Systems Inc /De/)

Cumulative Rights and No Waiver. Each and every right granted to Bank Lender under any Loan Document, or allowed it by law or equity shall be cumulative of each other and may be exercised in addition to any and all other rights of BankLender, and no delay in exercising any right shall operate as a waiver thereof, nor shall any single or partial exercise by Bank Lender of any right preclude any other or future exercise thereof or the exercise of any other right. Borrower Borrowers expressly waives waive any presentment, demand, protest or other notice of any kind, including but not limited to notice of intent to accelerate and notice of acceleration. No notice to or demand on Borrower Borrowers in any case shall, of itself, entitle Borrower Borrowers to any other or future notice or demand in similar or other circumstances.

Appears in 2 contracts

Samples: Loan Agreement (Medical Technology Systems Inc /De/), Loan Agreement (Eateries Inc)

Cumulative Rights and No Waiver. Each and every right granted to Bank under any Loan Document, or allowed it by law or equity shall be cumulative of each other and may be exercised in addition to any and all other rights of Bank, and no delay in exercising any right shall operate as a waiver thereof, nor shall any single or partial exercise by Bank of any right preclude any other or future exercise thereof or the exercise of any other right. Borrower Borrowers expressly waives waive any presentment, demand, protest or other notice of any kind, including but not limited to notice of intent to accelerate and notice of acceleration. No notice to or demand on Borrower Borrowers in any case shall, of itself, entitle Borrower Borrowers to any other or future notice or demand in similar or other circumstances.

Appears in 2 contracts

Samples: Loan Agreement (Mexco Energy Corp), Pledge Agreement (Mexco Energy Corp)

Cumulative Rights and No Waiver. Each and every right granted to Bank under any Loan Document, or allowed it by law or equity shall be cumulative of each other and may be exercised in addition to any and all other rights of Bank, and no delay in exercising any right shall operate as a waiver thereof, nor shall any single or partial exercise by Bank of any right preclude any other or future exercise thereof or the exercise of any other right. Except as otherwise expressly provided herein, Borrower and Guarantor expressly waives waive any presentment, demand, protest or other notice of any kind, including but not limited to notice of intent to accelerate and notice of acceleration. No notice to or demand on Borrower or Guarantor in any case shall, of itself, entitle Borrower or Guarantor to any other or future notice or demand in similar or other circumstances.

Appears in 2 contracts

Samples: Loan Agreement (Back Yard Burgers Inc), Loan Agreement (Back Yard Burgers Inc)

Cumulative Rights and No Waiver. Each and every right granted to the Bank under any Loan Document, or allowed it by law or equity shall be cumulative of each other right and may be exercised in addition to any and all other rights of the Bank, and no delay in exercising any right shall operate as a waiver thereof, nor shall any single or partial exercise by the Bank of any right preclude any other or future exercise thereof or the exercise of any other right. The Borrower expressly waives any presentment, demand, protest or other notice of any kind, including but not limited to notice of intent to accelerate and notice of acceleration. No notice to or demand on the Borrower in any case shall, of itself, entitle the Borrower to any other or future notice or demand in similar or other circumstances.

Appears in 2 contracts

Samples: Loan Agreement (Stewart Martha Omnimedia Inc), Loan Agreement (Scientific Games Corp)

Cumulative Rights and No Waiver. Each and every right granted to Bank under any Loan Document, or allowed it by law or equity shall be cumulative of each other and may be exercised in addition to any and all other rights of Bank, and no delay in exercising any right shall operate as a waiver thereof, nor shall any single or partial exercise by Bank of any right preclude any other or future exercise thereof or the exercise of any other right. Borrower expressly waives any presentment, demand, protest or other notice of any kind, including but not limited to excluding a notice of intent to accelerate and notice of accelerationacceleration under which circumstances, Bank shall give notice to Borrower. No notice to or demand on Borrower in any case shall, of itself, entitle Borrower to any other or future notice or demand in similar or other circumstances.

Appears in 2 contracts

Samples: Credit Agreement (Stephan Co), Credit Agreement (Stephan Co)

Cumulative Rights and No Waiver. Each and every right granted to Bank under any Loan Document, or allowed it by law or equity shall be cumulative of each other and may be exercised in addition to any and all other rights of Bank, and no delay in exercising any right shall operate as a waiver thereof, nor shall any single or partial exercise by Bank of any right preclude any other or future exercise thereof or the exercise of any other right. Borrower Borrowers expressly waives waive any presentment, demand, protest or other notice of any kind, including but not limited to notice of intent to accelerate and notice of acceleration. No notice to or demand on Borrower Borrowers in any case shall, of itself, entitle Borrower to any other or future notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Loan Agreement (Chattem Inc)

Cumulative Rights and No Waiver. Each and every right granted to Bank Lender under any Loan Document, or allowed it by law or equity shall be cumulative of each other and may be exercised in addition to any and all other rights of BankLender, and no delay in exercising any right shall operate as a waiver thereof, nor shall any single or partial exercise by Bank Lender of any right preclude any other or future exercise thereof or the exercise of any other right. Borrower expressly waives any presentment, demand, protest or other notice of any kind, including but not limited to notice of intent to accelerate and notice of accelerationacceleration except as expressly provided herein or in the other Loan Documents. No notice to or demand on Borrower in any case shall, of itself, entitle Borrower to any other or future notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)

Cumulative Rights and No Waiver. Each and every right granted to Bank under any Loan Document, or allowed it by law or equity shall be cumulative of each other and may be exercised in addition to any and all other rights of Bank, and no delay in exercising any right shall operate as a waiver thereof, nor shall any single or partial exercise by Bank of any right preclude any other or future exercise thereof or the exercise of any other right. Borrower expressly waives any presentment, demand, protest or other notice of any kind, including but not limited to notice of intent to accelerate and notice of acceleration. No notice to or demand on Borrower in any case shall, of itself, itself entitle Borrower to any other or future notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Loan Agreement (Peerless Manufacturing Co)

Cumulative Rights and No Waiver. Each and every right granted to Bank under any Loan Document, or allowed it by law or equity shall be cumulative of each other and may be exercised in addition to any and all other rights of Bank, and no delay in exercising any right shall s all operate as a waiver thereof, nor shall any single or partial exercise by Bank of any right preclude any other or future exercise thereof or the exercise of any other right. Borrower expressly waives any presentment, demand, protest or other notice of Of any kind, including but not limited to notice of intent to accelerate and notice of acceleration. No notice to or demand on Borrower in any case shall, of itself, entitle Borrower to any other or future notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Loan Agreement (Inspire Insurance Solutions Inc)

Cumulative Rights and No Waiver. Each and every right granted to Bank under any Loan Document, or allowed it by law or equity shall be cumulative of each other and may be exercised in addition to any and all other rights of Bank, and no delay in exercising any right shall operate as a waiver thereof, nor shall any single or partial exercise by bv Bank of any right preclude any other or future exercise thereof or the exercise of any other right. Borrower expressly ,waives any presentment, demand, protest or other notice of any kind, including but not limited to notice of intent to accelerate and notice of acceleration. No notice to or demand on Borrower in any case shall, of itself, entitle Borrower to any other or future notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Loan Agreement (Pec Solutions Inc)

Cumulative Rights and No Waiver. Each and every right granted to Bank Lender under any Loan Document, or allowed it by law or equity shall be cumulative of each other and may be exercised in addition to any and all other rights of BankLender, and no delay in exercising any right shall operate as a waiver thereof, nor shall any single or partial exercise by Bank Lender of any right preclude any other or future exercise thereof or the exercise of any other right. Borrower The Loan Parties expressly waives waive any presentment, demand, protest or other notice of any kind, including but not limited to notice of intent to accelerate and notice of acceleration. No notice to or demand on Borrower the Loan Parties in any case shall, of itself, entitle Borrower the Loan Parties to any other or future notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Loan Agreement (Omega Protein Corp)

Cumulative Rights and No Waiver. Each and every right granted to Bank the Lender under any Loan Document, or allowed it by law or equity shall be cumulative of each other and may be exercised in addition to any and all other rights of Bankthe Lender, and no delay in exercising any right shall operate as a waiver thereof, nor shall any single or partial exercise by Bank the Lender of any right preclude any other or future exercise thereof or the exercise of any other right. The Borrower expressly waives any presentment, demand, protest or other notice of any kind, including but not limited to notice of intent to accelerate and notice of acceleration. No notice to or demand on the Borrower in any case shall, of itself, entitle the Borrower to any other or future notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Loan Agreement (Medical Technology Systems Inc /De/)

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Cumulative Rights and No Waiver. Each and every right granted to Bank under any Loan Document, or allowed it by law or equity shall be cumulative of each other and may be exercised in addition to any and all other rights of Bank, and no delay in exercising any right shall operate as a waiver thereof, nor shall any single or partial exercise by Bank of any right preclude any other or future exercise thereof or the exercise of any other right. Borrower expressly waives any presentment, demand, protest -16- or other notice of any kind, including but not limited to notice of intent to accelerate and notice of acceleration. No notice to or demand on Borrower in any case shall, of itself, entitle Borrower to any other or future notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Loan Agreement (Blue Rhino Corp)

Cumulative Rights and No Waiver. Each and every right granted to Bank under any Loan Document, or allowed it by law or equity shall be cumulative of each other and may be exercised in addition to any and all other rights of Bank, and no delay in exercising any right shall operate as a waiver thereof, nor shall any single or partial exercise by Bank of any right preclude any other or future exercise thereof or the exercise of any other right. Borrower and Guarantors expressly waives waive any presentment, demand, protest or other notice of any kind, including but not limited to notice of intent to accelerate and notice of acceleration. No notice to or demand on Borrower or Guarantors in any case shall, of itself, entitle Borrower or Guarantors to any other or future notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Loan Agreement (Exterra Energy Inc.)

Cumulative Rights and No Waiver. Each and every right granted to Bank under any Loan Document, or allowed it by law or equity equity, shall be cumulative of each other and may be exercised in addition to any and all other rights of Bank, and no delay in exercising any right shall operate as a waiver thereof, nor shall any single or partial exercise by Bank of any right preclude any other or future exercise thereof or the exercise of any other right. Borrower expressly waives any presentment, demand, protest or other notice of any kind, including but not limited to notice of intent to accelerate and notice of acceleration. No notice to or demand on Borrower in any case shall, of itself, entitle Borrower to any other or future notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Loan Agreement (Fountain Powerboat Industries Inc)

Cumulative Rights and No Waiver. Each and every right granted to Bank under any Loan Document, or allowed it by law or equity shall be cumulative of each other and may be exercised in addition to any and all other rights of Bank, and no delay in exercising any right shall operate as a waiver thereof, nor shall any single or partial exercise by Bank of any right preclude any other or future exercise thereof or the exercise of any other right. Borrower expressly waives any presentment, demand, protest or other notice of any kind, including but not limited to notice of intent to accelerate and notice of acceleration. No notice to or demand on Borrower in any case shall, of itself, entitle Borrower to any other or future notice or demand in similar or other circumstances.other

Appears in 1 contract

Samples: Loan Agreement (American Aircarriers Support Inc)

Cumulative Rights and No Waiver. Each and every right granted to Bank under any Loan Document, or allowed it by law or equity shall be cumulative of each other and may be exercised in addition to any and all other rights of Bank, and no delay in exercising any right shall operate as a waiver thereof, nor shall any single or partial exercise by Bank of any right preclude any other or future exercise thereof or the exercise of any other right. Borrower expressly waives any presentment, presentment demand, protest or other notice of any kind, including but not limited to notice of intent to accelerate and notice of acceleration. No notice to or demand on Borrower in any case shall, of itself, entitle Borrower to any other or future notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Healthtech International Inc)

Cumulative Rights and No Waiver. Each and every right granted to Bank under any Loan Document, or allowed it by law or equity equity, shall be cumulative of each other and may be exercised in addition to any and all other rights of Bank, ; and no delay in exercising any right shall operate as a waiver thereof, nor shall any single or partial exercise by Bank of any right preclude any other or future exercise thereof or the exercise of any other right. Each Borrower and Guarantor expressly waives any presentment, demand, protest or other notice of any kind, including but not limited to notice of intent to accelerate and notice of acceleration. No notice to or demand on any Borrower or Guarantor in any case shall, of itself, entitle such Borrower or such Guarantor to any other or future notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Loan Agreement and Security Agreement (Main Street & Main Inc)

Cumulative Rights and No Waiver. Each and every right granted to Bank under any Loan Document, or allowed it by law or equity shall be cumulative of each other and may be exercised in addition to any and all other rights of Bank, and no delay in exercising any right shall operate as a waiver thereof, nor shall any single or partial exercise by Bank of any right preclude any other or future exercise thereof or the exercise of any other right. Borrower expressly waives any presentment, demand, protest protest, or other notice of any kind, including but not limited to notice of intent to accelerate and notice of acceleration. No notice to or demand on Borrower in any case shall, of itself, entitle Borrower to any other or future notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Loan Agreement (Inet Technologies Inc)

Cumulative Rights and No Waiver. Each and every right granted to Bank under any Loan Document, or allowed it by law or or, equity shall be cumulative of each other and may be exercised in addition to any and all other rights of Bank, and no delay in exercising any right shall operate as a waiver thereof, nor shall any single or partial exercise by Bank of any right preclude any other or future exercise thereof or the exercise of any other right. Borrower expressly waives any presentment, demand, protest or other notice of any kind, including but not limited to excluding a notice of intent to accelerate and notice of accelerationacceleration under which circumstances, Bank shall give notice to Borrower. No notice to or demand on Borrower in any case shall, of itself, entitle Borrower to any other or future notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Credit Agreement (Stephan Co)

Cumulative Rights and No Waiver. Each and every right granted to Bank Lender under any Loan Document, or allowed it by law or equity shall be cumulative of each other and may be exercised in addition to any and all other rights of BankLender, and no delay in exercising any right shall operate as a waiver thereof, nor shall any single or partial exercise by Bank Lender of any right preclude any other or future exercise thereof or the exercise of any other right. Borrower Administrator expressly waives any presentment, demand, protest or other notice of any kind, including but not limited to notice of intent to accelerate and notice of acceleration. No notice to or demand on Borrower Administrator in any case shall, of itself, entitle Borrower Administrator to any other or future notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Franchisee Financing Agreement (Rent a Center Inc De)

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