Common use of Failure or Indulgence Not Waiver; Remedies Cumulative Clause in Contracts

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Agent or any Lender or any holder of any Note in the exercise of any power, right or privilege hereunder, under a Guarantee or under the Notes shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. All rights and remedies existing under this Agreement, under a Guarantee or the Notes are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 7 contracts

Samples: Bridge Loan (Equinix Inc), Senior Secured Credit Agreement (Central European Media Enterprises LTD), Credit Agreement (T Sf Communications Corp)

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Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Agent or any Lender or any holder of any a Note in the exercise of any power, right or privilege hereunder, hereunder or under a Guarantee or under the Notes Note shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. All rights and remedies existing under this Agreement, under Agreement or a Guarantee or the Notes Note are cumulative to and not exclusive of of, any rights or remedies otherwise available.

Appears in 3 contracts

Samples: Senior Credit Agreement (Digital Brands Group, Inc.), Senior Credit Agreement (Hylete), Senior Credit Agreement (Denim LA, Inc.)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the any Agent or any Lender or any holder of any Note in the exercise of any power, right or privilege hereunder, under a Guarantee or under the Notes shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. All rights and remedies existing under this Agreement, under a Guarantee or under the Notes are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 2 contracts

Samples: Credit Agreement (Wellman Inc), Credit Agreement (Wellman Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Agent or any Lender or any holder of any Interim Note in the exercise of any power, right or privilege hereunder, under a Guarantee or under the Interim Notes shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. All rights and remedies existing under this Agreement, under a Guarantee or the Interim Notes are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 1 contract

Samples: Credit Agreement (TAL International Group, Inc.)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Agent or Payment and Disbursement Agent, any other Lender or any holder of any Note other Co-Agent in the exercise of any power, right or privilege hereunder, under a Guarantee or under any of the Notes Loan Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. All rights and remedies existing under this Agreement, under a Guarantee or the Notes Loan Documents are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 1 contract

Samples: Credit Agreement (Simon Debartolo Group Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Agent or any Lender or any holder of any Note in the exercise of any power, right or privilege hereunder, under a Guarantee hereunder or under the Notes Note shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. All rights and remedies existing under this Agreement, under a Guarantee Agreement or the Notes Note are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Cityscape Financial Corp)

Failure or Indulgence Not Waiver; Remedies Cumulative. No ----------------------------------------------------- failure or delay on the part of the Agent or any Lender or any holder of any Note in the exercise of any power, right or privilege hereunder, under a Guarantee or under the Notes shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. All rights and remedies existing under this Agreement, under a Guarantee or the Notes are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 1 contract

Samples: Senior Subordinated Credit Agreement (Petersen Holdings LLC)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Collateral Agent or any Lender or any holder of any Note in the exercise of any power, right or privilege hereunder, under a Guarantee Guarantee, under the Notes or under the Notes Security Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. All rights and remedies existing under this Agreement, under a Guarantee or the Notes are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Renaissance Cosmetics Inc /De/)

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Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Agent Agents or any Lender or any holder of any Note in the exercise of any power, right or privilege hereunder, under a Guarantee or under the Notes shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. All rights and remedies existing under this Agreement, under a Guarantee or the Notes are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 1 contract

Samples: Credit Agreement (Republic Engineered Steels Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Agent or any Lender or any holder of any Note in the exercise of any power, right or privilege hereunder, under a Guarantee or under the Notes shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. All rights and remedies existing under this Agreement, under a Guarantee or the Notes are 109 cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 1 contract

Samples: Senior Credit Agreement (Young America Holdings Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender or any holder of any Note in the exercise of any power, right or privilege hereunder, under a the Guarantee or under the Notes shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. All rights 48 Credit Agreement and remedies existing under this Agreement, under a the Guarantee or under the Notes are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 1 contract

Samples: Credit Agreement (Mutual Risk Management LTD)

Failure or Indulgence Not Waiver; Remedies Cumulative. No To the fullest extent permitted under applicable law, no failure or delay on the part of the Agent or any Lender or any holder of any Note Notes in the exercise of any power, right or privilege hereunder, under a Guarantee hereunder or under the Notes shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. All To the fullest extent permitted under applicable law, all rights and remedies existing under this Agreement, under a Guarantee Agreement or the Notes are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 1 contract

Samples: Senior Credit Agreement (Chancellor Radio Broadcasting Co)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Agent or any Lender or any holder of any Note in the exercise of any power, right or privilege hereunder, under a Guarantee Guarantee, under the 90 97 Pledge Agreement or under the Notes shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. All rights and remedies existing under this Agreement, under a Guarantee Guarantee, the Pledge Agreement or the Notes are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 1 contract

Samples: Loan Agreement (Formus Communications Inc)

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