Common use of Cumulative Rights and No Waiver Clause in Contracts

Cumulative Rights and No Waiver. Lender shall have all of the rights and remedies granted in the Loan Documents and available at law or in equity, and these same rights and remedies shall be cumulative and may be pursued separately, successively, or concurrently against Borrower, at the sole discretion of Lender. Lender's delay in exercising any right shall not operate as a waiver thereof, nor shall any single or partial exercise by Lender of any right preclude any other or future exercise thereof or the exercise of any other right. Any of Borrower's covenants and agreements may be waived by Lender but only in writing signed by an authorized officer of Vice President level or higher of Lender or any subsequent owner or holder of any of the Notes. Except as otherwise expressly provided in this Agreement and in any Note, Borrower expressly waives any presentment, demand, protest, notice of default, notice of intent to accelerate, notice of acceleration, notice of intent to demand payment, or other notice of any kind. No notice to or demand on Borrower in any case shall, of itself, entitle Borrower to any other or further notice or demand in similar or other circumstances. No delay or omission by Lender in exercising any power or right hereunder shall impair any such right or power or be construed as a waiver thereof, or the exercise of any other right or power hereunder.

Appears in 4 contracts

Samples: Contribution Agreement (Prime Medical Services Inc /Tx/), Loan Agreement (Prime Medical Services Inc /Tx/), Loan Agreement (Prime Medical Services Inc /Tx/)

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Cumulative Rights and No Waiver. Lender shall have all of the rights Each and remedies every right granted to Bank hereunder or under any other document delivered hereunder or in the Loan Documents and available at connection herewith, or allowed it by law or in equity, and these same rights and remedies equity shall be cumulative of and may be pursued separatelyexercised in addition to any and all other rights of Bank, successively, or concurrently against Borrower, at the sole discretion of Lender. Lender's and no delay in exercising any right shall not operate as a waiver thereof, nor shall any single or partial exercise by Lender Bank of any right preclude any other or future exercise thereof or the exercise of any other right. Any of Borrower's the foregoing covenants and agreements may be waived by Lender Bank but only in writing signed by an authorized a Vice President or higher level officer of Vice President level or higher of Lender or any subsequent owner or holder of any of the NotesBank. Except as otherwise expressly provided in this Agreement and in any Note, Borrower expressly waives any presentment, demand, protest, notice of default, notice of intent to accelerate, notice of acceleration, notice of intent to demand payment, protest or other notice of any kind. No notice to or demand on a Borrower in any case shall, of itself, entitle such or any other Borrower to any other or further notice or demand in similar or other circumstances. No delay or omission by Lender Bank in exercising any power or right hereunder shall impair any such right or power or be construed as a waiver thereof or any acquiescence therein, nor shall any single or partial exercise of any such power preclude other or further exercise thereof, or the exercise of any other right or power hereunder.

Appears in 4 contracts

Samples: Loan Agreement (Wyly Samuel Evans), Loan Agreement (Wyly Samuel Evans), Loan Agreement (Wyly Samuel Evans)

Cumulative Rights and No Waiver. Each and every right granted to Lender shall have all of under this Agreement, the rights Notes and remedies granted each Pledge Agreement or under any other document delivered hereunder or in the Loan Documents and available at connection herewith or allowed it by law or in equity, and these same rights and remedies shall be cumulative of and may be pursued separately, successively, or concurrently against Borrower, at the sole discretion exercised in addition to any and all other rights of Lender. Lender's No delay in exercising any right shall not operate as a waiver thereof, nor shall any single or partial exercise by Lender of any right preclude any other or future exercise thereof or the exercise of any other right. Any of Borrower's the foregoing covenants and agreements disagreements may be waived by Lender Lender, but only in writing signed by an authorized officer of Vice President level or higher of Lender or any subsequent owner or holder of any of the Noteswriting. Except as otherwise expressly provided in this Agreement and in any NoteAgreement, Borrower expressly waives any presentment, demand, protest, notice of default, notice of intent to accelerate, notice of acceleration, notice of intent to demand payment, 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 further notice or demand in similar or other circumstances. No delay or omission by Lender in exercising any power or right hereunder shall impair any such right or power or be construed as a waiver thereof or any acquiescence therein, nor shall any single or partial exercise of any such power preclude other or further exercise thereof, or the exercise of any other right or power hereunder.

Appears in 1 contract

Samples: Loan Agreement (Carreker Antinori Inc)

Cumulative Rights and No Waiver. Lender shall have all of the rights and remedies granted in the Loan Documents and available at law or in equity, and these same rights and remedies shall be cumulative and may be pursued separately, successively, or concurrently against Borrower, or the Collateral or any part thereof, at the sole discretion of Lender. Lender's delay in exercising any right shall not operate as a waiver thereof, nor shall any single or partial exercise by Lender of any right preclude any other or future exercise thereof or the exercise of any other right. Any of Borrower's covenants and agreements may be waived by Lender but only in writing signed by an authorized officer of Vice President level or higher of Lender or any subsequent owner or holder of any of the NotesNote. Except as otherwise expressly provided in this Agreement and in any the Note, Deed of Trust and Security Agreement, Borrower expressly waives any presentment, demand, protest, notice of default, notice of intent to accelerate, notice of acceleration, notice of intent to demand payment, or other notice of any kind. No notice to or demand on Borrower in any case shall, of itself, entitle Borrower to any other or further notice or demand in similar or other circumstances. No delay or omission by Lender in exercising any power or right hereunder shall impair any such right or power or be construed as a waiver thereof, or the exercise of any other right or power hereunder.

Appears in 1 contract

Samples: 49 Loan Agreement (American Physicians Service Group Inc)

Cumulative Rights and No Waiver. Each and every right granted to Lender shall have all of the rights and remedies granted in the hereunder or under any other Loan Documents and available at Document or allowed it by law or in equity, and these same rights and remedies equity shall be cumulative of and may be pursued separately, successively, or concurrently against Borrower, at the sole discretion exercised in addition to any and all other rights of Lender. Lender's , and no delay in exercising any right shall not operate as a waiver thereof, nor shall any single or partial exercise by Lender of any right preclude any other or future exercise thereof or the exercise of any other right. Any of Borrower's the foregoing covenants and agreements may be waived by Lender but only in writing signed by an authorized a Vice President or higher-level officer of Vice President level or higher of Lender or any subsequent owner or holder of any of the NotesLender. Except as otherwise expressly provided in this Agreement and in any Note, Borrower expressly waives any presentment, demand, protest, notice of default, notice of intent to accelerate, notice of acceleration, notice of intent to demand payment, protest or other notice of any kind. No notice to or demand on Borrower in any case shall, of itself, entitle Borrower to any other or further notice or demand in similar or other circumstances. No delay or omission by Lender in exercising any power or right hereunder shall impair any such right or power or be construed as a waiver thereof or any acquiescence therein, nor shall any single or partial exercise of any such power preclude other or further exercise thereof, or the exercise of any other right or power hereunder.. C.

Appears in 1 contract

Samples: Loan Agreement (XPEL, Inc.)

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Cumulative Rights and No Waiver. Each and every right granted to Lender shall have all of the rights and remedies granted hereunder or under any other document delivered hereunder or in the Loan Documents and available at connection herewith, or allowed it by law or in equity, and these same rights and remedies equity shall be cumulative of and may be pursued separately, successively, or concurrently against Borrower, at the sole discretion exercised in addition to any and all other rights of Lender. Lender's , and no delay in exercising any right shall not operate as a waiver thereof, nor shall any single or partial exercise by Lender of any right preclude any other or future exercise thereof or the exercise of any other right. Any of Borrower's the foregoing covenants and agreements may be waived by Lender but only in writing signed by an authorized a a Vice President or higher level officer of Vice President level or higher of Lender or any subsequent owner or holder of any of the NotesLender. Except as otherwise expressly provided in this Agreement and in any Note, Borrower expressly waives any presentment, demand, protest, notice of default, notice of intent to accelerate, notice of acceleration, notice of intent to demand payment, protest or other notice of any kind. No notice to or demand on Borrower in any case shall, of itself, entitle Borrower to any other or further notice or demand in similar or other circumstances. No delay or omission by Lender in exercising any power or right hereunder shall impair any such right or power or to be construed as a waiver thereof or any acquiescence therein, nor shall any single or partial exercise of any such power preclude other or further exercise thereof, or the exercise of any other right or power hereunder.

Appears in 1 contract

Samples: Loan Agreement (Ergobilt Inc)

Cumulative Rights and No Waiver. Lender shall have all of the rights and remedies granted in the Loan Documents and available at law or in equity, and these same rights and remedies shall be cumulative and may be pursued separately, successively, or concurrently against Borrower, or the Collateral or any part thereof, at the sole discretion of Lender. Lender's delay in exercising any right shall not operate as a waiver thereof, nor shall any single or partial exercise by Lender of any right preclude any other or future exercise thereof or the exercise of any other right. Any of Borrower's covenants and agreements may be waived by Lender but only in writing signed by an authorized officer of Vice President level or higher of Lender or any subsequent owner or holder of any of the NotesNote. Except as otherwise expressly provided in this Agreement and in any Note, Borrower expressly waives any presentment, demand, protest, notice of default, notice of intent to accelerate, notice of acceleration, notice of intent to demand payment, or other notice of any kind. No notice to or demand on Borrower in any case shall, of itself, entitle Borrower to any other or further notice or demand in similar or other circumstances. No delay or omission by Lender in exercising any power or right hereunder shall impair any such right or power or be construed as a waiver thereof, or the exercise of any other right or power hereunder.

Appears in 1 contract

Samples: Loan Agreement (American Physicians Service Group Inc)

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