Common use of No Waiver by Course of Conduct; Cumulative Remedies Clause in Contracts

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Administrative Agent nor any Lender shall by any act (except by a written instrument pursuant to Section 4.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No delay or failure to take action on the part of the Administrative Agent or any Lender in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver of any Event of Default. No course of dealing between any Subsidiary Guarantor, the Administrative Agent and any Lenders or their respective agents or employees shall be effective to change, modify or discharge any provision of this Guaranty or to constitute a waiver of any Event of Default. The enumeration of the rights and remedies of the Administrative Agent and the Lenders set forth in this Guaranty is not intended to be exhaustive and the exercise by the Administrative Agent and the Lenders of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under the other Loan Documents or that may now or hereafter exist at law or in equity or by suit or otherwise.

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (SCP Pool Corp)

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No Waiver by Course of Conduct; Cumulative Remedies. Neither the Administrative Agent nor any Lender Secured Party shall by any act (except by a written instrument pursuant to Section 4.14.2), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No delay or failure to take action on the part of the Administrative Agent or any Lender Secured Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a privilege. A waiver of any Event of Default. No course of dealing between any Subsidiary Guarantor, by the Administrative Agent and or any Lenders or their respective agents or employees shall be effective to change, modify or discharge any provision of this Guaranty or to constitute a waiver Secured Party of any Event of Defaultright or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such Secured Party would otherwise have on any future occasion. The enumeration of the rights and remedies of the Administrative Agent and the Lenders Secured Parties set forth in this Subsidiary Guaranty is not intended to be exhaustive and the exercise by the Administrative Agent and the Lenders Secured Parties of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under the other Loan Documents or that may now or hereafter exist at law or in equity or by suit or otherwise.

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (DynCorp International LLC)

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Administrative Agent nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 4.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No delay or failure to take action on the part of the Administrative Agent or any Lender other Secured Party in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver of any Event of Default. .. No course of dealing between any Subsidiary Guarantor, the Administrative Agent and any Lenders the other Secured Parties or their respective agents or employees shall be effective to change, modify or discharge any provision of this Guaranty or to constitute a waiver of any Event of Default. The enumeration of the rights and remedies of the Administrative Agent and the Lenders other Secured Parties set forth in this Guaranty is not intended to be exhaustive and the exercise by the Administrative Agent and the Lenders other Secured Parties of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under the other Loan Documents or that may now or hereafter exist at law or in equity or by suit or otherwise.

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (Pool Corp)

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Administrative Agent nor any Lender other Guaranteed Party shall by any act (except by a written instrument pursuant to Section 4.14.2), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No delay or failure to take action on the part of the Administrative Agent or any Lender other Guaranteed Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, thereof nor shall any single or partial exercise of any such right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a privilege. A waiver of any Event of Default. No course of dealing between any Subsidiary Guarantor, by the Administrative Agent and or any Lenders or their respective agents or employees shall be effective to change, modify or discharge any provision of this Guaranty or to constitute a waiver other Guaranteed Party of any Event of Defaultright or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such Guaranteed Party would otherwise have on any future occasion. The enumeration of the rights and remedies of the Administrative Agent and the Lenders other Guaranteed Parties set forth in this Guaranty is not intended to be exhaustive and the exercise by the Administrative Agent and the Lenders other Guaranteed Parties of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under the other Loan Documents or that may now or hereafter exist at law or in equity or by suit or otherwise.

Appears in 1 contract

Samples: Credit Agreement (Cirrus Logic Inc)

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Administrative Agent nor any Lender Secured Party shall by any act (except by a written instrument pursuant to Section 4.14.2), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No delay or failure to take action on the part of the Administrative Agent or any Lender Secured Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a privilege. A waiver of any Event of Default. No course of dealing between any Subsidiary Guarantor, by the Administrative Agent and or any Lenders or their respective agents or employees shall be effective to change, modify or discharge any provision of this Guaranty or to constitute a waiver Secured Party of any Event of Defaultright or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such Secured Party would otherwise have on any future occasion. The enumeration of the rights and remedies of the Administrative Agent and the Lenders Secured Parties set forth in this Holdings Guaranty is not intended to be exhaustive and the exercise by the Administrative Agent and the Lenders Secured Parties of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under the other Loan Documents or that may now or hereafter exist at law or in equity or by suit or otherwise.

Appears in 1 contract

Samples: Holdings Guaranty Agreement (DynCorp International LLC)

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Administrative Agent nor any Lender Secured Party shall by any act (except by a written instrument pursuant to Section 4.17.2), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No delay or failure to take action on the part of the Administrative Agent or any Lender Secured Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a privilege. A waiver of any Event of Default. No course of dealing between any Subsidiary Guarantor, by the Administrative Agent and or any Lenders or their respective agents or employees shall be effective to change, modify or discharge any provision of this Guaranty or to constitute a waiver Secured Party of any Event of Defaultright or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such Secured Party would otherwise have on any future occasion. The enumeration of the rights and remedies of the Administrative Agent and the Lenders Secured Parties set forth in this Guaranty Agreement is not intended to be exhaustive and the exercise by the Administrative Agent and the Lenders Secured Parties of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under the other Loan Documents or that may now or hereafter exist at law or in equity or by suit or otherwise.

Appears in 1 contract

Samples: Collateral Agreement (Dyncorp International Inc.)

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No Waiver by Course of Conduct; Cumulative Remedies. Neither the Administrative Agent nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 4.18.2), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No delay or failure to take action on the part of the Administrative Agent or any Lender other Secured Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a privilege. A waiver of any Event of Default. No course of dealing between any Subsidiary Guarantor, by the Administrative Agent and or any Lenders or their respective agents or employees shall be effective to change, modify or discharge any provision of this Guaranty or to constitute a waiver other Secured Party of any Event of Defaultright or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such other Secured Party would otherwise have on any future occasion. The enumeration of the rights and remedies of the Administrative Agent and the Lenders other Secured Parties set forth in this Guaranty Agreement is not intended to be exhaustive and the exercise by the Administrative Agent and the Lenders other Secured Parties of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, cumulative and shall be in addition to any other right or remedy given hereunder or under the other Loan Documents or that may now or hereafter exist at law or in equity or by suit or otherwise.

Appears in 1 contract

Samples: Pledge Agreement (Coeur D Alene Mines Corp)

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Administrative Agent nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 4.16.2), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No delay or failure to take action on the part of the Administrative Agent or any Lender other Secured Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a privilege. A waiver of any Event of Default. No course of dealing between any Subsidiary Guarantor, by the Administrative Agent and or any Lenders or their respective agents or employees shall be effective to change, modify or discharge any provision of this Guaranty or to constitute a waiver other Secured Party of any Event of Defaultright or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such other Secured Party would otherwise have on any future occasion. The enumeration of the rights and remedies of the Administrative Agent and the Lenders other Secured Parties set forth in this Guaranty Agreement is not intended to be exhaustive and the exercise by the Administrative Agent and the Lenders other Secured Parties of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, cumulative and shall be in addition to any other right or remedy given hereunder or under the other Loan Documents or that may now or hereafter exist at law or in equity or by suit or otherwise.

Appears in 1 contract

Samples: Pledge Agreement (Coeur D Alene Mines Corp)

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Administrative Agent nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 4.14.2), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No delay or failure to take action on the part of the Administrative Agent or any Lender other Secured Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a privilege. A waiver of any Event of Default. No course of dealing between any Subsidiary Guarantor, by the Administrative Agent and or any Lenders or their respective agents or employees shall be effective to change, modify or discharge any provision of this Guaranty or to constitute a waiver other Secured Party of any Event of Defaultright or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such other Secured Party would otherwise have on any future occasion. The enumeration of the rights and remedies of the Administrative Agent and the Lenders other Secured Parties set forth in this Subsidiary Guaranty is not intended to be exhaustive and the exercise by by- the Administrative Agent and the Lenders other Secured Parties of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under the other Loan Documents or that may now or hereafter exist at law or in equity or by suit or otherwise.

Appears in 1 contract

Samples: Credit Agreement (Lmi Aerospace Inc)

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