Common use of Delay and Waiver Clause in Contracts

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to the Lenders upon the occurrence of any Event of Default, Inchoate Default or any breach or default of Borrower under this Agreement or any other Credit Facility Document shall impair any such right, power or remedy of the Lenders, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single Event of Default, Inchoate Default or other breach or default be deemed a waiver of any other Event of Default, Inchoate Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of Administrative Agent and/or the Lenders of any Event of Default, Inchoate Default or other breach or default under this Agreement or any other Credit Facility Document, or any waiver on the part of Administrative Agent and/or the Lenders of any provision or condition of this Agreement or any other Credit Facility Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies, either under this Agreement or any other Credit Facility Document or by law or otherwise afforded to Administrative Agent and the Lenders, shall be cumulative and not alternative.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to the Lenders upon the occurrence of any Event of Default, Inchoate Default or any breach or default of Borrower any Obligor under this Agreement or any other Credit Facility Document shall impair any such right, power or remedy of the Lenders, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single Event of Default, Inchoate Default or other breach or default be deemed a waiver of any other Event of Default, Inchoate Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of Administrative Agent and/or the Lenders of any Event of Default, Inchoate Default or other breach or default under this Agreement or any other Credit Facility Document, or any waiver on the part of Administrative Agent and/or the Lenders of any provision or condition of this Agreement or any other Credit Facility Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies, either under this Agreement or any other Credit Facility Document or by law or otherwise afforded to Administrative Agent and the Lenders, shall be cumulative and not alternative.

Delay and Waiver. No delay or omission to exercise in exercising, and no course of dealing with respect to, any right, power power, privilege or remedy accruing to the Lenders upon under this Guaranty or any other Loan Document, including any rights and remedies in connection with the occurrence of any an Event of Default, Inchoate Default or any breach or default of Borrower under this Agreement or any other Credit Facility Document Potential Default shall impair any such right, power power, privilege or remedy of the LendersCredit Parties, nor shall it be construed to be a waiver of any such right, power, privilege or remedy or of any breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single Event right, power, privilege or remedy, or of Default, Inchoate Default or other any breach or default be deemed a waiver of any other Event right, power, privilege or remedy or of Default, Inchoate Default or any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of Administrative Agent and/or any of the Lenders Credit Parties of any right, power, privilege or remedy including any rights and remedies in connection with the occurrence of an Event of Default, Inchoate Default or Potential Default or of any other breach or default under this Agreement Guaranty or any other Credit Facility Loan Document, or any waiver on the part of Administrative Agent and/or any of the Lenders Credit Parties of any provision or condition of this Agreement or any other Credit Facility DocumentGuaranty, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies, either under this Agreement or any other Credit Facility Document or by law or otherwise afforded to Administrative Agent and the Lenders, shall be cumulative and not alternative.

Delay and Waiver. No delay or omission to exercise in exercising, and no course of dealing with respect to, any right, power power, privilege or remedy accruing to the Lenders upon the occurrence of any Event of Default, Inchoate Default or any breach or default of Borrower under this Agreement or any other Credit Facility Document Loan Document, including any rights and remedies in connection with the occurrence of an Event of Default or Potential Default shall impair any such right, power power, privilege or remedy of the LendersCredit Parties, nor shall it be construed to be a waiver of any such right, power, privilege or remedy or of any breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single Event right, power, privilege or remedy, or of Default, Inchoate Default or other any breach or default be deemed a waiver of any other Event right, power, privilege or remedy or of Default, Inchoate Default or any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of Administrative Agent and/or any of the Lenders Credit Parties of any right, power, privilege or remedy including any rights and remedies in connection with the occurrence of an Event of Default, Inchoate Default or Potential Default or of any other breach or default under this Agreement or any other Credit Facility Loan Document, or any waiver on the part of Administrative Agent and/or any of the Lenders Credit Parties of any provision or condition of this Agreement or any other Credit Facility Transaction Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies, either under this Agreement or any other Credit Facility Document or by law or otherwise afforded to Administrative Agent and the Lenders, shall be cumulative and not alternative.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to the Lenders upon the occurrence of any Potential Event of Default, Inchoate Default or Event of Default or any other breach or default of Borrower the Company under this Agreement or any other Credit Facility Document shall impair any such right, power or remedy of the Funding Agents, the Lenders, the Disbursement Agent or any other Secured Party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single Potential Event of Default, Inchoate Event of Default or other breach or default be deemed a waiver of any other Potential Event of Default, Inchoate Event of Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of Administrative any of the Funding Agents, the Lenders, the Disbursement Agent and/or the Lenders or any other Secured Party, of any Potential Event of Default, Inchoate Event of Default or other breach or default under this Agreement or any other Credit Facility DocumentFinancing Agreement, or any waiver on the part of Administrative any of the Funding Agents, the Lenders, the Disbursement Agent and/or the Lenders or any other Secured Party, of any provision or condition of this Agreement or any other Credit Facility Operative Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies, either under this Agreement or any other Credit Facility Document Financing Agreement or by law or otherwise afforded to Administrative Agent and any of the Funding Agents, the Lenders, the Disbursement Agent or any other Secured Party, shall be cumulative and not alternative.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to the Lenders Lender upon the occurrence of any Event of Default, Inchoate Default or Default or any breach or default of Borrower under this Agreement or any other Credit Facility Document shall impair any such right, power or remedy of the LendersLender, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single Event of Default, Inchoate Default or other breach or default be deemed a waiver of any other Event of Default, Inchoate Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of Administrative Agent and/or the Lenders Lender of any Event of Default, Inchoate Default or other breach or default under this Agreement or any other Credit Facility Document, or any waiver on the part of Administrative Agent and/or the Lenders Lender of any provision or condition of this Agreement or any other Credit Facility Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies, either under this Agreement or any other Credit Facility Document or by law or otherwise afforded to Administrative Agent and the LendersLender, shall be cumulative and not alternative.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to the Lenders Banks upon the occurrence of any Event of Default, Default or Inchoate Default or any breach or default of Borrower under this Agreement or any other Credit Facility Document shall impair any such right, power or remedy of the LendersBanks, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single Event of Default, Inchoate Default or other breach or default be deemed a waiver of any other Event of Default, Inchoate Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of Administrative Agent and/or the Lenders Banks of any Event of Default, Inchoate Default or other breach or default under this Agreement or any other Credit Facility Document, or any waiver on the part of Administrative Agent and/or the Lenders Banks of any provision or condition of this Agreement or any other Credit Facility Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies, either under this Agreement or any other Credit Facility Document or by law or otherwise afforded to Administrative Agent Agent, LC Bank and the LendersBanks, shall be cumulative and not alternative.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to the Lenders upon the occurrence of any Event of Default, Default or Inchoate Default or any breach or default of Borrower under this Agreement or any other Credit Facility Document shall impair any such right, power or remedy of the Lenders, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single Event of Default, Inchoate Default or other breach or default be deemed a waiver of any other Event of Default, Inchoate Default or other breach or default theretofore or thereafter occurring. Any waiver, indulgence, permit, consent or approval of any kind or character on the part of Administrative Agent and/or the Lenders of any Event of Default, Inchoate Default or other breach or default under this Agreement or any other Credit Facility DocumentAgreement, or any waiver on the part of Administrative Agent and/or the Lenders of any provision or condition of this Agreement or any other Credit Facility Document, must be in a writing expressly referencing this Agreement and shall be effective only to the extent in such writing specifically set forth. All remedies, either under this Agreement or any other Credit Facility Document or by law or otherwise afforded to Administrative Agent and the Lenders, shall be cumulative and not alternative.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to the Lenders Administrative Agent or the Secured Parties upon the occurrence of any Default or Event of Default, Inchoate Default or any breach or default of the Borrower under this Agreement or any other Credit Facility Financing Document shall impair any such right, power or remedy of the LendersAdministrative Agent or the Secured Parties, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single Event of Default, Inchoate Default or other breach or default be deemed a waiver of any other Event of Default, Inchoate Default or other breach or default theretofore or thereafter occurring. Any waiver, indulgence, permit, consent or approval of any kind or character on the part of the Administrative Agent and/or the Lenders Secured Parties of any Event of Default, Inchoate Default or other breach or default under this Agreement or any other Credit Facility Financing Document, or any waiver on the part of the Administrative Agent and/or the Lenders Secured Parties of any provision or condition of this Agreement or any other Credit Facility Financing Document, must be in a writing expressly referencing this Agreement and shall be effective only to the extent in such writing specifically set forth. All remedies, either under this Agreement or any other Credit Facility Financing Document or by law or otherwise afforded to the Administrative Agent and the LendersSecured Parties, shall be cumulative and not alternativeexclusive.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to the Lenders Banks upon the occurrence of any Event of Default, Default or Inchoate Default or any breach or default of Borrower the Portfolio Entities under this Agreement or any other Credit Facility Document 122 shall impair any such right, power or remedy of the LendersBanks, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single Event of Default, Inchoate Default or other breach or default be deemed a waiver of any other Event of Default, Inchoate Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of Administrative Agent and/or the Lenders Banks of any Event of Default, Inchoate Default or other breach or default under this Agreement or any other Credit Facility Document, or any waiver on the part of Administrative Agent and/or the Lenders Banks of any provision or condition of this Agreement or any other Credit Facility Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies, either under this Agreement or any other Credit Facility Document or by law or otherwise afforded to Administrative Agent Agent, LC Bank and the LendersBanks, shall be cumulative and not alternative.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to the Lenders upon the occurrence of any Event of Default, Inchoate Default or any breach or default of Borrower under this Agreement or any other Credit Facility Document shall impair any such right, power or remedy of the Lenders, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single Event of Default, Inchoate Default or other breach or default be deemed a waiver of any other Event of Default, Inchoate Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of Administrative Agent and/or the Lenders of any Event of Default, Inchoate Default or other breach or default under this Agreement or any other Credit Facility Document, or any waiver on the part of Administrative Agent and/or the Lenders of any provision or condition of this Agreement or any other Credit Facility Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies, either under this Agreement or any other Credit Facility Document or by law or otherwise afforded to Administrative Agent and the Lenders, shall be cumulative and not alternative.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to the Lenders upon the occurrence of any Event of Default, Inchoate Default or any breach or default of Borrower under this Agreement or any other Credit Facility Loan Document shall impair any such right, power or remedy of the Lenders, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single Event of Default, Inchoate Default or other breach or default be deemed a waiver of any other Event of Default, Inchoate Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of Administrative Agent and/or the Lenders of any Event of Default, Inchoate Default or other breach or default under this Agreement or any other Credit Facility Loan Document, or any waiver on the part of Administrative Agent and/or the Lenders of any provision or condition of this Agreement or any other Credit Facility Loan Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies, either under this Agreement or any other Credit Facility Loan Document or by law or otherwise afforded to Administrative Agent and the Lenders, shall be cumulative and not alternative.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to Administrative Agent or the Lenders upon the occurrence of any Event of Default, Inchoate Default or any breach or default of Borrower under this Agreement or of any Borrower Entity or Sponsor under any other Credit Facility Financing Document shall impair any such right, power or remedy of Administrative Agent, Collateral Agent or the Lenders, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single Event of Default, Inchoate Default or other breach or default be deemed a waiver of any other Event of Default, Inchoate Default or other breach or default theretofore or thereafter occurring. Any waiver, indulgence, permit, consent or approval of any kind or character on the part of Administrative Agent and/or the Lenders of any Event of Default, Inchoate Default or other breach or default under this Agreement or any other Credit Facility Financing Document, or any waiver on the part of Administrative Agent and/or or the Lenders of any provision or condition of this Agreement or any other Credit Facility Financing Document, must be in a writing expressly referencing this Agreement and shall be effective only to the extent in such writing specifically set forth. All remedies, either under this Agreement or any other Credit Facility Financing Document or by law or otherwise afforded to Administrative Agent and the Lenders, shall be cumulative and not alternative.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to Administrative Agent or the Lenders upon the occurrence of any Event of Default, Inchoate Default or Default or any breach or default of Borrower under this Agreement or any other Credit Facility Financing Document shall impair any such right, power or remedy of Administrative Agent or the Lenders, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single Event of Default, Inchoate Default or other breach or default be deemed a waiver of any other Event of Default, Inchoate Default or other breach or default theretofore or thereafter occurring. Any waiver, indulgence, permit, consent or approval of any kind or character on the part of Administrative Agent and/or the Lenders of any Event of Default, Inchoate Default or other breach or default under this Agreement or any other Credit Facility Financing Document, or any waiver on the part of Administrative Agent and/or the Lenders of any provision or condition of this Agreement or any other Credit Facility Financing Document, must be in a writing expressly referencing this Agreement and shall be effective only to the extent in such writing specifically set forth. All remedies, either under this Agreement or any other Credit Facility Financing Document or by law or otherwise afforded to Administrative Agent and the Lenders, shall be cumulative and not alternative.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to the Lenders Lender upon the occurrence of any Event of Default, Default or Inchoate Default or any breach or default of Borrower under this Agreement or any other Credit Facility Financing Document shall impair any such right, power or remedy of the LendersLender, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single Event of Default, Inchoate Default or other breach or default be deemed a waiver of any other Event of Default, Inchoate Default or other breach or default theretofore or thereafter occurring. Any waiver, indulgence, permit, consent or approval of any kind or character on the part of Administrative Agent and/or the Lenders Lender of any Event of Default, Inchoate Default or other breach or default under this Agreement or any other Credit Facility Financing Document, or any waiver on the part of Administrative Agent and/or the Lenders Lender of any provision or condition of this Agreement or any other Credit Facility Financing Document, must be in a writing expressly referencing this Agreement and shall be effective only to the extent in such writing specifically set forth. All remedies, either under this Agreement or any other Credit Facility Financing Document or by law or otherwise afforded to Administrative Agent and the LendersLender, shall be cumulative and not alternative.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to the Lenders Banks upon the occurrence of any Event of Default, Default or Inchoate Default or any Project Default or Project Inchoate Default or any breach or default of Borrower the Portfolio Entities 120 133 under this Agreement or any other Credit Facility Document shall impair any such right, power or remedy of the LendersBanks, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single Event of Default, Inchoate Default, Project Default, Project Inchoate Default or other breach or default be deemed a waiver of any other Event of Default, Inchoate Default, Project Default, Project Inchoate Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of Administrative Agent and/or the Lenders Banks of any Event of Default, Inchoate Default, Project Default, Project Inchoate Default or other breach or default under this Agreement or any other Credit Facility Document, or any waiver on the part of Administrative Agent and/or the Lenders Banks of any provision or condition of this Agreement or any other Credit Facility Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies, either under this Agreement or any other Credit Facility Document or by law or otherwise afforded to Administrative Agent Agent, Banks and the Lendersother Secured Parties, shall be cumulative and not alternative.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to any Agent or the Lenders upon the occurrence of any Default or Event of Default, Inchoate Default or any breach or default of Borrower under this Agreement or any other Credit Facility Financing Document shall impair any such right, power or remedy of the Agents or the Lenders, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single Event of Default, Inchoate Default or other breach or default be deemed a waiver of any other Event of Default, Inchoate Default or other breach or default theretofore or thereafter occurring. Any waiver, indulgence, permit, consent or approval of any kind or character on the part of Administrative Agent the Agents and/or the Lenders of any Event of Default, Inchoate Default or other breach or default under this Agreement or any other Credit Facility Financing Document, or any waiver on the part of Administrative Agent the Agents and/or the Lenders of any provision or condition of this Agreement or any other Credit Facility Financing Document, must be in a writing expressly referencing this Agreement and shall be effective only to the extent in such writing specifically set forth. All remedies, either under this Agreement or any other Credit Facility Financing Document or by law or otherwise afforded to Administrative Agent the Agents and the Lenders, shall be cumulative and not alternative.exclusive. 12.4

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to Administrative Agent, any other Agent or the Lenders upon the occurrence of any Event of Default, Inchoate Default or Default or any breach or default of Borrower under this Financing Agreement or any other Credit Facility Financing Document shall impair any such right, power or remedy of Administrative Agent, any other Agent or the Lenders, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single Event of Default, Inchoate Default or other breach or default be deemed a waiver of any other Event of Default, Inchoate Default or other breach or default theretofore or thereafter occurring. Any waiver, indulgence, permit, consent or approval of any kind or character on the part of Administrative Agent, any other Agent and/or the Lenders of any Event of Default, Inchoate Default or other breach or default under this Financing Agreement or any other Credit Facility Financing Document, or any waiver on the part of Administrative Agent, any other Agent and/or the Lenders of any provision or condition of this Financing Agreement or any other Credit Facility Financing Document, must be in a writing expressly referencing this Financing Agreement and shall be effective only to the extent in such writing specifically set forth. All remedies, either under this Financing Agreement or any other Credit Facility Financing Document or by law or otherwise afforded to Administrative Agent Agent, the other Agents and the Lenders, shall be cumulative and not alternative.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to the Lenders Banks upon the occurrence of any Event of Default, Default or Inchoate Default or any breach or default of Borrower the Portfolio Entities under this Agreement or any other Credit Facility Document shall impair any such right, power or remedy of the LendersBanks, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single Event of Default, Inchoate Default or other breach or default be deemed a waiver of any other Event of Default, Inchoate Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of Administrative Agent and/or the Lenders Banks of any Event of Default, Inchoate Default or other breach or default under this Agreement or any other Credit Facility Document, or any waiver on the part of Administrative Agent and/or the Lenders Banks of any provision or condition of this Agreement or any other Credit Facility Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies, either under this Agreement or any other Credit Facility Document or by law or otherwise afforded to Administrative Agent Agent, LC Bank and the LendersBanks, shall be cumulative and not alternative.