Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 563 contracts
Samples: Securities Purchase Agreement (American Water Star Inc), Subscription Agreement (Attitude Drinks Inc.), Senior Loan Agreement (Heatwurx, Inc.)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 479 contracts
Samples: Subscription Agreement (Attitude Drinks Inc.), Subscription Agreement (Attitude Drinks Inc.), Subscription Agreement (Viryanet LTD)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 268 contracts
Samples: Note Purchase Agreement (Tuesday Morning Corp/De), Registration Rights Agreement (Tribute Pharmaceuticals Canada Inc.), Securities Purchase Agreement (Great Basin Scientific, Inc.)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.* * * * *
Appears in 210 contracts
Samples: Common Stock Purchase Agreement (Capnia, Inc.), Common Stock Purchase Agreement (Ocean Power Technologies, Inc.), Common Stock Purchase Agreement (Cyclacel Pharmaceuticals, Inc.)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 privilegeprivileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 121 contracts
Samples: Assignment Agreement (Digerati Technologies, Inc.), Securities Purchase Agreement (Digital Brands Group, Inc.), Covertible Promissory Note (Pristine Solutions Inc.)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof this Note in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 65 contracts
Samples: Warrant Agreement (Future Now Group Inc.), Equity Transfer Agreement (Rebel Group, Inc.), Asset Purchase Agreement (Grow Solutions Holdings, Inc.)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 , nor shall any waiver by the Holder of any such right or rights and remedies existing hereunder are cumulative to, and not exclusive of, on any one occasion be deemed a waiver of the same right or rights or remedies otherwise availableon any future occasion.
Appears in 45 contracts
Samples: Securities Purchase Agreement (MedPro Safety Products, Inc.), Securities Purchase and Line of Credit Agreement, Security Agreement (Juma Technology Corp.)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 32 contracts
Samples: Securities Purchase Agreement (Intec Pharma Ltd.), Backstop Commitment Purchase Agreement (Delcath Systems, Inc.), Purchase Agreement (Marina Biotech, Inc.)
Failure or Indulgence Not Waiver. No failure or delay on the part of the a Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 26 contracts
Samples: Agreement and Plan of Merger (Cano Petroleum, Inc), Put Agreement (A-Power Energy Generation Systems, Ltd.), Securities Purchase Agreement (Cano Petroleum, Inc)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 privilegeprivileges. All rights and remedies of the Holder existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 19 contracts
Samples: Registration Rights Agreement (NKGen Biotech, Inc.), Securities Purchase Agreement (Tego Cyber, Inc.), Registration Rights Agreement (NKGen Biotech, Inc.)
Failure or Indulgence Not Waiver. No failure or delay on ---------------------------------- the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 9 contracts
Samples: Note Purchase Agreement (Youbet Com Inc), Youbet Com Inc, Youbet Com Inc
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.* * *
Appears in 7 contracts
Samples: Termination Agreement (Hepalife Technologies Inc), Termination Agreement (Golden Phoenix Minerals Inc /Mn/), Second Termination Agreement (Hepalife Technologies Inc)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof this Note in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 7 contracts
Samples: Elite Data Services, Inc., Force Protection Video Equipment Corp., United Cannabis Corp
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 7 contracts
Samples: Please Be (XLI Technologies, Inc.), Bemax, Inc., Bemax, Inc.
Failure or Indulgence Not Waiver. No failure or delay on the part of the any Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 6 contracts
Samples: Indenture (Nanogen Inc), First Supplemental Indenture (Neurobiological Technologies Inc /Ca/), Gsi Group Inc
Failure or Indulgence Not Waiver. No failure or delay on the part of the -------------------------------- Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 5 contracts
Samples: Subscription Agreement (Advanced Aerodynamics & Structures Inc/), Subscription Agreement (Advanced Aerodynamics & Structures Inc/), Subscription Agreement (Advanced Aerodynamics & Structures Inc/)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder [Signatures are cumulative to, and not exclusive of, any rights or remedies otherwise availableon next page.]
Appears in 5 contracts
Samples: Common Stock Purchase Agreement (Net Element, Inc.), Common Stock Purchase Agreement (Lm Funding America, Inc.), Unit Purchase Agreement (Net Element, Inc.)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof Lender in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 5 contracts
Samples: Operating Agreement (Monterey Capital Acquisition Corp), Monterey Capital Acquisition Corp, Monterey Capital Acquisition Corp
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof an indemnitee in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude any other or further exercise thereof or of any other rightsuch power, power or right of privilege. All powers, rights and remedies existing privileges hereunder are cumulative to, and not exclusive of, any powers, rights or remedies privileges otherwise available.
Appears in 5 contracts
Samples: Indemnity Agreement (Lakes Entertainment Inc), Indemnity Agreement (Lakes Entertainment Inc), Indemnity Agreement (Lakes Entertainment Inc)
Failure or Indulgence Not Waiver. No failure or delay on the part of the ----------------------------------- Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 4 contracts
Samples: Imaging Technologies Corp/Ca, Imaging Technologies Corp/Ca, Imaging Technologies Corp/Ca
Failure or Indulgence Not Waiver. No failure or delay on the -------------------------------- part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 4 contracts
Samples: Kaire Holdings Inc, Kaire Holdings Inc, Kaire Holdings Inc
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder hereunder, or course of conduct relating hereto, shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 4 contracts
Samples: Purchase Agreement (Ener1 Inc), December Purchase Agreement (Ener1 Inc), Purchase Agreement (Ener1 Inc)
Failure or Indulgence Not Waiver. No failure or delay on the part -------------------------------- of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 4 contracts
Samples: Liquidix Inc, Elinear Inc, BigString CORP
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right right, privilege or privilege remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right right, privilege or privilege remedy preclude other or further exercise thereof or of any other power, right, power privilege or privilegeremedy. All rights rights, powers, privileges and remedies existing hereunder are cumulative to, and not exclusive of, any rights rights, powers, privileges or remedies otherwise available.
Appears in 4 contracts
Samples: Secured Term Note (New Century Energy Corp.), Secured Term Note (New Century Energy Corp.), New Century Energy Corp.
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.** SIGNATURE PAGE FOLLOWS **
Appears in 4 contracts
Samples: Mutual Termination and Release Agreement (Cachet Financial Solutions, Inc.), Waiver and Consent Agreement (Quantum Materials Corp.), Waiver and Consent Agreement (Quantum Materials Corp.)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof Holders in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 privilegeprivileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 3 contracts
Samples: Membership Interest Purchase Agreement (Primoris Services CORP), Primoris Services CORP, Primoris Services CORP
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder any party hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 3 contracts
Samples: Bos Better Online Solutions LTD, Bos Better Online Solutions LTD, Securities Purchase Agreement (Bos Better Online Solutions LTD)
Failure or Indulgence Not Waiver. No failure or delay on the part --------------------------------- of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 3 contracts
Samples: E Videotv Inc/De, Go Online Networks Corp, FTS Group, Inc.
Failure or Indulgence Not Waiver. No failure or delay on the part --------------------------------- of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 3 contracts
Samples: Secured Term Note (Elec Communications Corp), Global Sports & Entertainment Inc/, Go Online Networks Corp
Failure or Indulgence Not Waiver. No failure or delay on the --------------------------------- part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 3 contracts
Samples: Global Telemedia International Inc, Global Telemedia International Inc, Global Telemedia International Inc
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof an Indemnified Person in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude any other or further exercise thereof or of any other rightsuch power, power right or privilege. All powers, rights and remedies existing privileges hereunder are arc cumulative to, and not exclusive of, any rights powers, tights or remedies privileges otherwise available.
Appears in 3 contracts
Samples: Indemnity Agreement (Pioneer Power Solutions, Inc.), Indemnity Agreement (Afc Enterprises Inc), Indemnity Agreement (Cleanspark, Inc.)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 3 contracts
Samples: American Hospital Resources Inc, American Hospital Resources Inc, American Hospital Resources Inc
Failure or Indulgence Not Waiver. No failure or delay on the part of -------------------------------- the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 3 contracts
Samples: One Voice Technologies Inc, One Voice Technologies Inc, One Voice Technologies Inc
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof or the Borrower in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 privilegeprivileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Life Clips, Inc.), Intellectual Property Purchase Agreement (Webstar Technology Group Inc.), Intellectual Property Purchase Agreement (Webstar Technology Group Inc.)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise exerase of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 3 contracts
Samples: Bemax, Inc., Bemax, Inc., Bemax, Inc.
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 3 contracts
Samples: Proelite, Inc., Petroterra Corp., Proelite, Inc.
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.* * * * * -24-
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Bacterin International Holdings, Inc.), Common Stock Purchase Agreement (Atossa Genetics Inc)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder Lender hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Loan Agreement, Bearing Loan Agreement (XPLOSION Inc)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available. * * * * *
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Veru Inc.), Securities Purchase Agreement (Parkervision Inc)
Failure or Indulgence Not Waiver. No failure or delay on the -------------------------------- part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Elinear Inc, One Voice Technologies Inc
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.* * * * * -23-
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Remark Holdings, Inc.), Common Stock Purchase Agreement (Remark Holdings, Inc.)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof Holders in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.6.11
Appears in 2 contracts
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder -------------------------------- hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Subscription Agreement (Advanced Aerodynamics & Structures Inc/), Subscription Agreement (Advanced Aerodynamics & Structures Inc/)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof an Indemnified Person in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude any other or further exercise thereof or of any other rightsuch power, power right or privilege. All powers, rights and remedies existing privileges hereunder are cumulative to, and not exclusive of, any powers, rights or remedies privileges otherwise available.
Appears in 2 contracts
Samples: Indemnity Agreement (Afc Enterprises Inc), Loan and Security Agreement (Mego Financial Corp)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other rightrights, power or privilege. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: EMTA Holdings, Inc., EMTA Holdings, Inc.
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof Lender in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude any other or further exercise thereof or of any other rightsuch power, power right or privilege. All powers, rights and remedies existing privileges hereunder are cumulative to, and not exclusive of, any powers, rights or remedies privileges otherwise available.
Appears in 2 contracts
Samples: Irrevocable Continuing Guaranty Agreement (Lm Funding America, Inc.), Irrevocable Continuing Guaranty Agreement (Lm Funding America, Inc.)
Failure or Indulgence Not Waiver. No failure or delay on the part of the the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: General Environmental Management, Inc, General Environmental Management, Inc
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof Lender in the exercise of any power, right or of privilege hereunder shall will operate as a waiver thereof, nor shall will any single or partial exercise or any such power, right of privilege preclude any other or further exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. All powers, rights and remedies existing privileges hereunder are cumulative to, and not exclusive of, any powers, rights or remedies privileges otherwise available.
Appears in 2 contracts
Samples: Guarantee, Indemnity and Postponement of Claims, Guarantee, Indemnity and Postponement of Claims
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.* * * *
Appears in 2 contracts
Samples: Mutual Termination Agreement (Axion International Holdings, Inc.), Mutual Termination Agreement (Golden Phoenix Minerals Inc /Mn/)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 privilegeprivileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Debt Exchange Agreement (La Rosa Holdings Corp.), Convertible Note Purchase Agreement (TechCare Corp.)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof Holders in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 power, or privilegeprivileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Agreement for the Sale and Purchase of Common Stock (Lovig Brian), Agreement for the Sale and Purchase of Common Stock (Nazerali Altaf)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude any other or further exercise thereof or of any other right, power or privilege. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Nautilus Marine Acquisition Corp, Nautilus Marine Acquisition Corp
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.* * * * * 28
Appears in 1 contract
Failure or Indulgence Not Waiver. No failure or delay on the part of --------------------------------- the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Samples: Sequiam Corp
Failure or Indulgence Not Waiver. No failure or delay on the part of the Agent and/or any Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Samples: Rapid Link Inc
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof or in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Samples: A21 Inc
Failure or Indulgence Not Waiver. (a) No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Samples: 360 Global Wine Co
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.* * * * * --
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Dor Biopharma Inc)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 privilegeprivileges. All Ail rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Samples: Securities Purchase Agreement (Saleen Automotive, Inc.)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall will operate as a waiver thereof, nor shall will 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Samples: Trend Mining Co
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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. Holder shall not by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies, and no waiver of any kind shall be valid, unless in writing and signed by the Holder. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Samples: AGU Entertainment Corp.
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 privilegeprivileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available..
Appears in 1 contract
Samples: Securities Purchase Agreement (Digital Brands Group, Inc.)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.* * * * * 32
Appears in 1 contract
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall will operate as a waiver thereof, nor shall will 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 privilegeprivileges. All rights and 138358.00102/7094147v.1 remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Samples: Ceelox Inc.
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.. 6.2
Appears in 1 contract
Samples: Stockeryale Inc
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.*****
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Innovation Pharmaceuticals Inc.)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof this Note in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further father exercise thereof or of any other right, power or privilege. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 power, or privilegeprivileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.133
Appears in 1 contract
Failure or Indulgence Not Waiver. No failure or delay on --------------------------------- the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Samples: Youbet Com Inc
Failure or Indulgence Not Waiver. No failure or delay on the part of the a -------------------------------- Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Samples: Securities Purchase Agreement (Charys Holding Co Inc)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any and no single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilegeprivileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Samples: Esports Technologies, Inc.
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder Holders hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Samples: Corgenix Medical Corp/Co
Failure or Indulgence Not Waiver. No failure or delay on the -------------------------------- part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Samples: Vertel Corp
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any one or more of such failures or delays constitute a course of performance or dealing on which Company is entitled to rely, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise exercises thereof or of any other right, power or privilege. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence Not Waiver. No failure or delay on the part of the any Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.* * * * * 1
Appears in 1 contract
Failure or Indulgence Not Waiver. No failure or delay on the part -------------------------------- of the a Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.* * * * * -21-
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Cancer Genetics, Inc)
Failure or Indulgence Not Waiver. No failure or delay on the part of the a Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 privilegeprivileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.* * * * * 18
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Marani Brands, Inc.)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 Secured Non-Convertible Revolving Note 2 remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Samples: Digital Recorders Inc
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Samples: Ea Industries Inc /Nj/
Failure or Indulgence Not Waiver. No failure or delay on the ------------------------------------ part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Samples: Endovasc LTD Inc
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof either Guarantor in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 NY483954.3 20389110047 06/07/2006 :sjg 5 remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Samples: Petrol Oil & Gas Inc
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude Secured Revolving Note other or further exercise thereof or of any other right, power or privilege. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Samples: Chad Therapeutics Inc
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude . 06/27/2005 6 other or further exercise thereof or of any other right, power or privilege. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Samples: 360 Global Wine Co
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Samples: Waiver Agreement (Xfone Inc)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Samples: Convertible Note (Lincoln Gold Corp)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.* * * * * EXECUTION COPY
Appears in 1 contract
Samples: Purchase Agreement Purchase Agreement (Sauer Energy, Inc.)
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 privilegeprivileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, of any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder hereunder, or course of conduct relating hereto, shall operate as a waiver thereof, 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 No waiver by the Holder of any power, right or privilege hereunder are cumulative toon any one occasion shall not be deemed a waiver of the same power, and not exclusive of, right or privilege on any rights or remedies otherwise availablefuture occasion.
Appears in 1 contract
Failure or Indulgence Not Waiver. No failure or delay on the -------------------------------- part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence Not Waiver. No failure or delay on the part of the Holder hereof Lender in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by the Lender of any such power, right or privilege preclude any other or further exercise thereof or of any other rightsuch power, power right or privilege. All powers, rights and remedies existing hereunder privileges of the Lender are cumulative to, and not exclusive of, any powers, rights or remedies privileges otherwise available.
Appears in 1 contract
Samples: Guarantee (Mymetics Corp)