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 any Lender in the exercise of any power, right or privilege hereunder or the Loans or Letters of Credit 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 or the Loans or the Letters of Credit are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 4 contracts

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

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Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any Lender Bank or lender of any Loan in the exercise of any power, right or privilege hereunder or the Loans or Letters of Credit 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 or the Loans or the Letters of Credit are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 3 contracts

Samples: Credit Agreement (Textron Inc), Day Credit Agreement (Textron Inc), Credit Agreement (Textron Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any Lender Bank or any holder of any Note in the exercise of any power, right or privilege hereunder or the Loans or Letters of Credit under any 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 or the Loans or the Letters of Credit any Notes are cumulative to and not exclusive of of, any rights or remedies otherwise available.

Appears in 3 contracts

Samples: Credit Agreement (Mattel Inc /De/), Credit Agreement (Mattel Inc /De/), Credit Agreement (Mattel Inc /De/)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any Lender in the exercise of any power, right or privilege hereunder or the Loans or Letters of Credit under any other Loan Document 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 rightpower, power right or privilege. All rights and remedies existing under this Agreement or and the Loans or the Letters of Credit other Loan Documents are cumulative to to, and not exclusive of of, any rights or remedies otherwise available.

Appears in 2 contracts

Samples: Senior Subordinated Loan Agreement (Falcon Financial Investment Trust), Convertible Term Loan Agreement (Banyan Strategic Realty Trust)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any Lender Bank or of any holder of any Note or lender of any Loan in the exercise of any power, right or privilege hereunder or under the Notes or the Loans or Letters of Credit 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 or the Loans Notes or the Letters of Credit Loans are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 2 contracts

Samples: 364 Day Credit Agreement (Textron Inc), Year Credit Agreement (Textron Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No ----------------------------------------------------- failure or delay on the part of any Agent, any Lender or any Issuing Bank in the exercise of any power, right or privilege hereunder or under any of the Loans or Letters of Credit 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 or the Loans or the Letters of Credit Loan Documents are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 2 contracts

Samples: Credit Agreement (International Technology Corp), Credit Agreement (International Technology Corp)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any Lender Beneficiary in the exercise of any power, right or privilege hereunder or the Loans or Letters of Credit under any other Loan Document 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 rightpower, power right or privilege. All rights and remedies existing under this Agreement or Guaranty and the Loans or the Letters of Credit other Loan Documents are cumulative to to, and not exclusive of of, any rights or remedies otherwise available.

Appears in 2 contracts

Samples: Confer Personal Jurisdiction Over (Assurant Inc), Confer Personal Jurisdiction Over (Assurant Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No Except as otherwise expressly provided in this Agreement or any other Loan Document, no failure or delay on the part of any Lender in the exercise of any power, right or privilege hereunder or under any of the Loans or Letters of Credit Loan Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, 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 or the Loans or the Letters of Credit Loan Documents are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 2 contracts

Samples: Loan Agreement (Equity Lifestyle Properties Inc), Loan Agreement (Manufactured Home Communities Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any Lender Bank or lender of any Loan in the exercise of any power, right or privilege hereunder or the Loans or Letters of Credit 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 or the Loans or the Letters of Credit are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 2 contracts

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

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any Lender Bank or lender of any Loan in the exercise of any power, right or privilege hereunder or the Loans or Letters of Credit 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 or the Loans or the Letters of Credit Notes are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 1 contract

Samples: Credit Agreement (Textron Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any Lender in the exercise of any power, right or privilege hereunder or the Term Loans or Letters of Credit 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 or the Term Loans or the Letters of Credit are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 1 contract

Samples: Term Credit Agreement (Textron Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any Lender in the exercise of any power, right or privilege hereunder or the Loans or Letters of Credit 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 or the Loans or the Letters of Credit are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 1 contract

Samples: Credit Agreement (Textron Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure ----------------------------------------------------- or delay on the part of any Lender or any holder of any Notes in the exercise of any power, right or privilege hereunder or the Loans or Letters of Credit under any other Loan Document 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 or the Loans or the Letters of Credit any other Loan Document are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 1 contract

Samples: Loan Agreement (Trump Hotels & Casino Resorts Funding Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or ----------------------------------------------------- delay on the part of any Lender the Lenders in the exercise of any power, right or privilege hereunder or under the Loans or Letters of Credit 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 or the Loans or the Letters of Credit Notes are cumulative to and not exclusive of of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Senior Subordinated Loan Agreement (GTCR Golder Rauner LLC)

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Failure or Indulgence Not Waiver; Remedies Cumulative. No ----------------------------------------------------- failure or delay on the part of any Lender in the exercise of any power, right or privilege hereunder or under the Loans Note or Letters of Credit any 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 Agreement, the Note or any of the Loans or the Letters of Credit other Loan Documents are cumulative to and not exclusive of of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Credit Agreement (Canaan Energy Corp)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any Lender or any holder of any Loan in the exercise of any power, right or privilege hereunder or the Loans or Letters of Credit 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 or the Loans or the Letters of Credit are cumulative to and not exclusive of of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Credit Agreement (Burlington Industries Inc /De/)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any the Lender in the exercise of any power, right or privilege hereunder or the Loans or Letters of Credit under any other Loan Document 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 rightpower, power right or privilege. All rights and remedies existing under this Agreement or and the Loans or the Letters of Credit other Loan Documents are cumulative to to, and not exclusive of of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Credit Agreement (Smartalk Teleservices Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any Lender the Lenders in the exercise of any power, right or privilege hereunder or under the Loans or Letters of Credit 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 or the Loans or the Letters of Credit Notes are cumulative to and not exclusive of of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Subordinated Loan Agreement (Synagro Technologies Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Lender or any Lender holder of any Loan in the exercise of any power, right or privilege hereunder or under the Loans or Letters of Credit other 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 or the Loans or the Letters of Credit and any other Loan Document are cumulative to to, and not exclusive of of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Credit Agreement (Consolidated Hydro Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any Lender in the exercise of any power, right or privilege hereunder or under any of the Loans or Letters of Credit 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 or the Loans or the Letters of Credit Loan Documents are cumulative to and not exclusive of any rights or remedies otherwise available.. 10.9

Appears in 1 contract

Samples: _______________________________________________________________ Revolving Credit Agreement (Arden Realty Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any Lender in the exercise of any power, right or privilege hereunder or the 71 Loans or Letters of Credit 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 or the Loans or the Letters of Credit are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 1 contract

Samples: Credit Agreement (Textron Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure ----------------------------------------------------- or delay on the part of any Lender Bank or any holder of any Note in the exercise of any power, right or privilege hereunder or the Loans or Letters of Credit under any 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 or the Loans or the Letters of Credit any Notes are cumulative to and not exclusive of of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Credit Agreement (Mattel Inc /De/)

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