Common use of No Waiver; Cumulative Remedies; Amendments Clause in Contracts

No Waiver; Cumulative Remedies; Amendments. Neither Agent nor any Lender shall by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder, and no waiver shall be valid unless in writing, signed by Agent and then only to the extent therein set forth. A waiver by Agent, for itself and the ratable benefit of Lenders, of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Agent would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising on the part of Agent or any Lender, any right, power or privilege hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights and remedies provided by law. None of the terms or provisions of this Guaranty may be waived, altered, modified, supplemented or amended except by an instrument in writing, duly executed by Agent and Guarantors.

Appears in 16 contracts

Samples: Credit Agreement (Curative Health Services Inc), Subsidiary Guaranty (Westaff Inc), Guaranty (Ddi Corp)

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No Waiver; Cumulative Remedies; Amendments. Neither Agent nor any Lender shall by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder, and no waiver shall be valid unless in writing, signed by Agent and then only to the extent therein set forth. A waiver by Agent, for itself and the ratable benefit of Lenders, of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Agent would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising on the part of Agent or any Lender, any right, power or privilege hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights and remedies provided by law. None of the terms or provisions of this Guaranty may be waived, altered, modified, supplemented or amended except by an instrument in writing, duly executed by Agent and GuarantorsGuarantor.

Appears in 11 contracts

Samples: Security Agreement (Curative Health Services Inc), Guaranty (Salient Surgical Technologies, Inc.), Guaranty (RBC Bearings INC)

No Waiver; Cumulative Remedies; Amendments. Neither Agent nor any Lender shall by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder, and no waiver shall be valid unless in writing, signed by Agent and then only to the extent therein set forth. A waiver by Agent, for itself and the ratable benefit of Lenders, of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Agent would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising exercising, on the part of Agent or any Lender, any right, power or privilege hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights and remedies provided by law. None of the terms or provisions of this Guaranty may be waived, altered, modified, supplemented or amended except by an instrument in writing, duly executed by Agent and Guarantorseach Guarantor.

Appears in 4 contracts

Samples: Guaranty (Golfsmith International Holdings Inc), Penhall International Corp, Guaranty Agreement (Telex Communications International LTD)

No Waiver; Cumulative Remedies; Amendments. Neither Agent nor any Lender shall not by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder, and no waiver shall be valid unless in writing, signed by Agent Lender and then only to the extent therein set forth. A waiver by Agent, for itself and the ratable benefit of Lenders, Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Agent Lender would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising on the part of Agent or any Lender, any right, power or privilege hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights and remedies provided by law. None of the terms or provisions of this Guaranty may be waived, altered, modified, supplemented or amended except by an instrument in writing, duly executed by Agent Lender and GuarantorsGuarantor.

Appears in 3 contracts

Samples: Ensign Guaranty (Ensign Group, Inc), Guaranty (RGC Resources Inc), Guaranty (RGC Resources Inc)

No Waiver; Cumulative Remedies; Amendments. Neither Agent nor any Lender We shall not by any act, delay, omission or otherwise be deemed to have waived any of its Our rights or remedies hereunder, and no waiver shall be valid unless in writing, a writing signed by Agent Us and then only to the extent therein set forth. A waiver by Agent, for itself and the ratable benefit of Lenders, Us of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Agent that We would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising on the Our part of Agent or any Lender, any right, power or privilege hereunder, hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights and remedies provided by law. None of the terms or provisions of this Guaranty may be waived, altered, modified, supplemented or amended except by an instrument in writing, writing duly executed by Agent Us and GuarantorsYou.

Appears in 3 contracts

Samples: Loan and Security Agreement (Gevo, Inc.), Loan and Security Agreement (Gevo, Inc.), Gevo, Inc.

No Waiver; Cumulative Remedies; Amendments. Neither Agent nor any Lender shall not, by any act, delay, omission or otherwise otherwise, be deemed to have waived any of its rights or remedies hereunder, and no waiver shall be valid unless in writing, signed by Agent Lender and then only to the extent therein set forth. A waiver by Agent, for itself and the ratable benefit of Lenders, Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Agent Lender would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising on the part of Agent or any Lender, any right, power or privilege hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights and remedies provided by law. None of the terms or provisions of this Guaranty may be waived, altered, modified, supplemented or amended except by an instrument in writing, duly executed by Agent Lender and GuarantorsGuarantor.

Appears in 2 contracts

Samples: Guaranty (Biodelivery Sciences International Inc), Guaranty (Biodelivery Sciences International Inc)

No Waiver; Cumulative Remedies; Amendments. Neither the Agent nor any Lender shall by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder, and no waiver shall be valid unless in writing, signed by Agent and then only to the extent therein set forth. A waiver by the Agent, for itself and the ratable benefit of the Lenders, of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising on the part of the Agent or any Lender, any right, power or privilege hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights and remedies provided by law. None of the terms or provisions of this Guaranty may be waived, altered, modified, supplemented or amended except by an instrument in writing, duly executed by the Agent and Guarantorsthe Guarantor.

Appears in 2 contracts

Samples: Credit Facility Guaranty Agreement (Euronet Worldwide Inc), Rupee Credit Facility Guaranty Agreement (Euronet Worldwide Inc)

No Waiver; Cumulative Remedies; Amendments. Neither Agent nor any Lender Purchasers shall not by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder, and no waiver shall be valid unless in writing, signed by Agent Purchasers in accordance with Section 9 of the Security Agreement and then only to the extent therein set forth. A waiver by Agent, for itself and the ratable benefit of Lenders, Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Agent Purchasers would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising on the part of Agent or any LenderPurchasers, any right, power or privilege hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights and remedies provided by law. None of the terms or provisions of this Guaranty may be waived, altered, modified, supplemented or amended except by an instrument in writing, duly executed by Agent Purchasers (in accordance with Section 9 of the Security Agreement) and GuarantorsGuarantor.

Appears in 2 contracts

Samples: Guaranty (Commerce One Inc / De/), Guaranty (Commerce One Inc / De/)

No Waiver; Cumulative Remedies; Amendments. Neither Agent nor any Lender The Collateral Trustee shall not by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder, hereunder and no waiver shall be valid as to the Collateral Trustee unless in writing, writing and signed by Agent the Collateral Trustee and then only to the extent therein set forth. A waiver by Agent, for itself and the ratable benefit of Lenders, Collateral Trustee of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Agent the Collateral Trustee would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising on the part of Agent or any Lender, the Collateral Trustee of any right, power or privilege hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights and remedies provided by law. None of the terms or provisions of this Guaranty Collateral Trust and Security Agreement may be waived, altered, modifiedmodified or amended, supplemented or amended nor any consent given thereunder, except by an instrument in writing, duly executed by Agent the Grantor, the Collateral Trustee and Guarantorseach Lender.

Appears in 2 contracts

Samples: Loan and Security Agreement (Telos Corp), Subordination Agreement (Telos Corp)

No Waiver; Cumulative Remedies; Amendments. Neither Agent nor any Lender shall by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder, and no waiver shall be valid unless in writing, signed by Agent and then only to the extent therein set forth. A waiver by Agent, for itself and the ratable benefit of Lenders, of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Agent would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising on the part of Agent or any Lender, any right, power or privilege hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights and remedies provided by law. None of the terms or provisions of this Guaranty may be waived, altered, modified, supplemented or amended except by an instrument in writing, duly executed by Agent and Guarantors.Guarantor. 7.7

Appears in 2 contracts

Samples: Guaranty (LSB Industries Inc), Code Alarm Inc

No Waiver; Cumulative Remedies; Amendments. Neither Agent nor any Lender Secured Party shall by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder, and no waiver shall be valid unless in writing, signed by Agent and then only to the extent therein set forth. A waiver by Agent, for itself and the ratable benefit of LendersSecured Parties, of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Agent would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising on the part of Agent or any Lenderother Secured Party, any right, power or privilege hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder and privileges herein provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights and remedies provided by law. None of the terms or provisions of this Guaranty may be waived, altered, modified, supplemented or amended except by an instrument in writing, duly executed by Agent and GuarantorsGuarantors in accordance with Section 9.2 of the Credit Agreement.

Appears in 2 contracts

Samples: Guaranty (Neff Rental Inc), Guaranty (Neff Rental Inc)

No Waiver; Cumulative Remedies; Amendments. Neither Agent nor any Lender shall by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder, and no waiver shall be valid unless in writing, signed by Agent and then only to the extent therein set forth. A waiver by Agent, for itself and the ratable benefit of Lenders, of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Agent would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising on the part of Agent or any Lender, any right, power or privilege hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights and remedies provided by law. None of the terms or provisions of this Guaranty Pledge Agreement may be waived, altered, modified, supplemented or amended except by an instrument in writing, duly executed by Agent and Guarantorseach Pledgor.

Appears in 1 contract

Samples: Pledge Agreement (AMEDICA Corp)

No Waiver; Cumulative Remedies; Amendments. Neither Agent nor any Lender shall not by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder, and no waiver shall be valid unless in writing, signed by Agent Lender and then only to the extent therein set forth. A waiver by Agent, for itself and the ratable benefit of Lenders, Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Agent Lender would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising on the part of Agent or any Lender, any right, power or privilege hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights and remedies provided by law. None of the terms or provisions of this Guaranty may be waived, altered, modified, supplemented or amended except by an instrument in writing, duly executed by Agent Lender and Guarantorsthe applicable party to be charged.

Appears in 1 contract

Samples: Guaranty (Asta Funding Inc)

No Waiver; Cumulative Remedies; Amendments. Neither US Agent, Collateral Agent nor any US Lender shall by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder, and no waiver shall be valid unless in writing, signed by US Agent and then only to the extent therein set forth. A waiver by US Agent or Collateral Agent, for itself and the ratable benefit of US Lenders, of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which US Agent or Collateral Agent would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising on the part of US Agent, Collateral Agent or any US Lender, any right, power or privilege hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights and remedies provided by law. None of the terms or provisions of this US Guaranty may be waived, altered, modified, supplemented or amended except by an instrument in writing, duly executed by US Agent and Guarantors.

Appears in 1 contract

Samples: Us Guaranty (RPP Capital Corp)

No Waiver; Cumulative Remedies; Amendments. Neither Agent nor any Lender shall by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder, and no waiver shall be valid unless in writing, signed by Agent and Guarantor and then only to the extent therein set forth. A waiver by Agent, for itself and the ratable benefit of Lenders, of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Agent would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising on the part of Agent or any Lender, any right, power or privilege hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights and remedies provided by law. None of the terms or provisions of this Guaranty may be waived, altered, modified, supplemented or amended except by an instrument in writing, duly executed by Agent and GuarantorsGuarantor.

Appears in 1 contract

Samples: Guaranty (Precision Partners Inc)

No Waiver; Cumulative Remedies; Amendments. Neither Administrative Agent nor any Lender shall by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder, and no waiver shall be valid unless in writing, a writing signed by Administrative Agent and then only to the extent therein set forth. A waiver by Administrative Agent, for itself and the ratable benefit of Lenders, of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Administrative Agent would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising exercising, on the part of Administrative Agent or any Lender, any right, power or privilege hereunder, hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights and remedies provided by lawLaw. None of the terms or provisions of this Guaranty may be waived, altered, modified, supplemented or amended except by an instrument in writing, duly executed by Administrative Agent and GuarantorsGuarantor.

Appears in 1 contract

Samples: FS Energy & Power Fund

No Waiver; Cumulative Remedies; Amendments. Neither Agent nor any Lender shall not by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder, and no waiver shall be valid unless in writing, signed by Agent Lender and then only to the extent therein set forth. A waiver by Agent, for itself and the ratable benefit of Lenders, Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Agent Lender would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising on the part of Agent or any Lender, any right, power or privilege hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights and remedies provided by law. None of the terms or provisions of this Guaranty Security Agreement may be waived, altered, modified, supplemented modified or amended except by an instrument in writing, duly executed by Agent Lender and Guarantorsthe applicable party to be charged.

Appears in 1 contract

Samples: Security Agreement (Asta Funding Inc)

No Waiver; Cumulative Remedies; Amendments. Neither Agent nor any Lender shall by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder, and no waiver shall be valid unless in writing, signed by Agent and then only to the extent therein set forth. A waiver by Agent, for itself and the ratable benefit of LendersLxxxxxx, of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Agent or Lenders would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising on the part of Agent or any Lender, any right, power or privilege hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights and remedies provided by law. None of the terms or provisions of this Guaranty Pledge Agreement may be waived, altered, modified, supplemented or amended except by an instrument in writing, duly executed by Agent and Guarantorseach Pledgor.

Appears in 1 contract

Samples: Collateral Pledge Agreement (Tempo Automation Holdings, Inc.)

No Waiver; Cumulative Remedies; Amendments. Neither Agent nor any Lender Revolver Secured Party shall by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder, and no waiver shall be valid unless in writing, signed by Administrative Agent and then only to the extent therein set forth. A waiver by Administrative Agent, for itself and the ratable benefit of LendersRevolver Secured Parties, of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Administrative Agent would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising on the part of Administrative Agent or any LenderRevolver Secured Party, any right, power or privilege hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights and remedies provided by law. None of the terms or provisions of this Guaranty may be waived, altered, modified, supplemented or amended except by an instrument in writing, duly executed by Administrative Agent and Guarantors.

Appears in 1 contract

Samples: Coffeyville Resources, Inc.

No Waiver; Cumulative Remedies; Amendments. Neither The Collateral Agent nor any Lender shall not by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder, and no waiver shall be valid unless in writing, signed by the Collateral Agent and then only to the extent therein set forth. A waiver by Agent, for itself and the ratable benefit of Lenders, Collateral Agent of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Collateral Agent would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising on the part of Agent or any Lenderthe Collateral Agent, any right, power or privilege hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power or privilege. The rights rights, remedies, power and remedies privileges hereunder provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights rights, remedies, powers and remedies privileges provided by law. None of the terms or provisions of this Guaranty Guarantee may be waived, altered, modified, supplemented or amended except by an instrument in writing, duly executed by the Collateral Agent and Guarantorsthe Guarantor.

Appears in 1 contract

Samples: Guarantee (Warnaco Group Inc /De/)

No Waiver; Cumulative Remedies; Amendments. Neither Administrative Agent nor any Lender shall by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder, and no waiver shall be valid unless in writing, signed by Administrative Agent and then only to the extent therein set forth. A waiver by Administrative Agent, for itself and the ratable benefit of Lenders, of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Administrative Agent would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising on the part of Administrative Agent or any Lender, any right, power or privilege hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights and remedies provided by law. None of the terms or provisions of this Guaranty may be waived, altered, modified, supplemented or amended except by an instrument in writing, duly executed by Administrative Agent and GuarantorsGuarantor.

Appears in 1 contract

Samples: Guaranty (RGC Resources Inc)

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No Waiver; Cumulative Remedies; Amendments. Neither Agent nor any Lender Purchaser shall by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder, and no waiver shall be valid unless in writing, signed by Agent and then only to the extent therein set forth. A waiver by Agent, for itself and the ratable benefit of LendersAgent and Purchasers, of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Agent would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising on the part of Agent or any LenderPurchaser, any right, power or privilege hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights and remedies provided by law. None of the terms or provisions of this Guaranty may be waived, altered, modified, supplemented or amended except by an instrument in writing, duly executed by Agent and Guarantors.

Appears in 1 contract

Samples: Subsidiary Guaranty (Tamandare Explorations Inc.)

No Waiver; Cumulative Remedies; Amendments. Neither Collateral Agent nor any Lender Secured Party shall by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder, and no waiver shall be valid unless in writing, a writing signed by Collateral Agent and then only to the extent therein set forth. A waiver by Collateral Agent, for itself and the ratable benefit of LendersSecured Parties, of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Collateral Agent would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising exercising, on the part of Collateral Agent or any LenderSecured Party, any right, power or privilege hereunder, hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights and remedies provided by lawLaw. None of the terms or provisions of this Guaranty may be waived, altered, modified, supplemented or amended except by an instrument in writing, duly executed by Collateral Agent and GuarantorsGuarantor.

Appears in 1 contract

Samples: Guaranty (FS Energy & Power Fund)

No Waiver; Cumulative Remedies; Amendments. Neither the Agent nor any Lender shall by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder, and no waiver shall be valid unless in writing, signed by Agent and then only to the extent therein set forth. A waiver by Agent, for itself and the ratable benefit of Lendersthe other Secured Parties, of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Agent or Lenders would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising on the part of Agent or any Lender, any right, power or privilege hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights and remedies provided by law. None of the terms or provisions of this Guaranty Pledge Agreement may be waived, altered, modified, supplemented or amended except by an instrument in writing, duly executed by Agent and Guarantorseach Pledgor.

Appears in 1 contract

Samples: Collateral Pledge Agreement (Vertex Energy Inc.)

No Waiver; Cumulative Remedies; Amendments. Neither Agent nor any Lender shall not by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder, and no waiver shall be valid unless in writing, signed by Agent Lender and then only to the extent therein set forth. A waiver by Agent, for itself and the ratable benefit of Lenders, Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Agent Lender would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising on the part of Agent or any Lender, any right, power or privilege hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights and remedies provided by law. None of the terms or provisions of this Guaranty may be waived, altered, modified, supplemented or amended except by an instrument in writing, duly executed by Agent Lender and Guarantors.

Appears in 1 contract

Samples: Guaranty (Newtek Business Services Inc)

No Waiver; Cumulative Remedies; Amendments. Neither None of Agent, Canadian Agent nor or any Lender shall by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder, and no waiver shall be valid unless in writing, signed by Agent and then only to the extent therein set forth. A waiver by Agent, for itself itself, Canadian Agent and the ratable benefit of Lenders, of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Agent would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising on the part of Agent, Canadian Agent or any Lender, any right, power or privilege hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights and remedies provided by law. None of the terms or provisions of this US Guaranty may be waived, altered, modified, supplemented or amended except by an instrument in writing, duly executed by Agent and Guarantors.

Appears in 1 contract

Samples: Blount International Inc

No Waiver; Cumulative Remedies; Amendments. Neither Agent nor any Lender Secured Party shall by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder, and no waiver shall be valid unless in writing, signed by Agent and then only to the extent therein set forth. A waiver by Agent, for itself and the ratable benefit of LendersSecured Parties, of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Agent would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising on the part of Agent Agent, any Lender or any Lenderother Secured Party, any right, power or privilege hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights and remedies provided by law. None of the terms or provisions of this Guaranty may be waived, altered, modified, supplemented or amended except by an instrument in writing, duly executed by Agent and Guarantors.

Appears in 1 contract

Samples: Guaranty (Neff Finance Corp.)

No Waiver; Cumulative Remedies; Amendments. Neither 16.1 The Agent nor (or any Lender Secured Party) shall not by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder, hereunder and no waiver shall be valid unless in writing, signed by Agent or on behalf of the Agent, and then only to the extent therein set forth. A waiver by Agent, for itself and or on behalf of the ratable benefit of Lenders, Agent of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent would otherwise have had on any future occasion. No failure to exercise exercise, nor any delay in exercising on the part of Agent or any Lenderthe Agent, any right, power or privilege privileges hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future further exercise thereof or the exercise of any other right, power or privilege. The rights right and remedies hereunder herein provided are cumulative and may be exercised singly or concurrently, concurrently and are not exclusive of any rights and or remedies provided by law. None of the terms or provisions of this Guaranty may be waived, altered, modified, supplemented or amended except by an instrument in writing, duly executed by Agent and Guarantors.

Appears in 1 contract

Samples: Credit Agreement (1295728 Alberta ULC)

No Waiver; Cumulative Remedies; Amendments. Neither any Co-Agent nor any Lender shall by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder, and no waiver shall be valid unless in writing, signed by Agent and then only to the extent therein set forth. A waiver by Agent, for itself and the ratable benefit of Co-Agents and Lenders, of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that Agent would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising on the part of any Co-Agent or any Lender, Lender any right, power or privilege hereunder, hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder provided are cumulative and may be exercised singly or concurrently, concurrently and are not exclusive of any rights and remedies provided by law. None of the terms or provisions of this Guaranty may be waived, altered, modified, supplemented or amended except by an instrument in writing, writing duly executed by Agent and GuarantorsGuarantor.

Appears in 1 contract

Samples: Western Digital Corp

No Waiver; Cumulative Remedies; Amendments. Neither Agent nor any Lender The Noteholder shall not by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder, and no waiver shall be valid unless in writing, signed by Agent the Noteholder and then only to the extent therein set forth. A waiver by Agent, for itself and the ratable benefit of Lenders, Noteholder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Agent the Noteholder would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising on the part of Agent or any Lenderthe Noteholder, any right, power or privilege hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights and remedies provided by law. None of the terms or provisions of this Guaranty may be waived, altered, modified, supplemented or amended except by an instrument in writing, duly executed by Agent the Noteoholder and Guarantors.

Appears in 1 contract

Samples: Termination Agreement (Eott Energy Partners Lp)

No Waiver; Cumulative Remedies; Amendments. Neither Agent nor any Lender shall by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder, and no waiver shall be valid unless in writing, a writing signed by Agent and then only to the extent therein set forth. A waiver by Agent, for itself and the ratable benefit of Agent and Lenders, of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that Agent would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising on the part of Agent or any Lender, Lender any right, power or privilege hereunder, hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder provided are cumulative and may be exercised singly or concurrently, concurrently and are not exclusive of any rights and remedies provided by law. None of the terms or provisions of this Guaranty may be waived, altered, modified, supplemented or amended except by an instrument in writing, writing duly executed by Agent and GuarantorsGuarantor.

Appears in 1 contract

Samples: Uti Worldwide Inc

No Waiver; Cumulative Remedies; Amendments. Neither Agent nor any Lender Term Secured Party shall by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder, and no waiver shall be valid unless in writing, signed by Term Agent and then only to the extent therein set forth. A waiver by Term Agent, for itself and the ratable benefit of LendersTerm Secured Parties, of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Term Agent would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising on the part of Term Agent or any LenderTerm Secured Party, any right, power or privilege hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights and remedies provided by law. None of the terms or provisions of this Guaranty may be waived, altered, modified, supplemented or amended except by an instrument in writing, duly executed by Term Agent and Guarantors.

Appears in 1 contract

Samples: Coffeyville Resources, Inc.

No Waiver; Cumulative Remedies; Amendments. Neither the Administrative Agent nor any Lender shall by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder, and no waiver shall be valid unless in writing, signed by the Administrative Agent and then only to the extent therein set forth. A waiver by the Administrative Agent, for itself and the ratable benefit of the Lenders, of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising on the part of the Administrative Agent or any Lender, any right, power or privilege hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights and remedies provided by law. None of the terms or provisions of this Guaranty may be waived, altered, modified, supplemented or amended except by an instrument in writing, duly executed by the Administrative Agent and the Guarantors.

Appears in 1 contract

Samples: Credit Agreement (InfuSystem Holdings, Inc)

No Waiver; Cumulative Remedies; Amendments. Neither Agent nor any ------------------------------------------- Lender shall by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder, and no waiver shall be valid unless in writing, signed by Agent and then only to the extent therein set forth. A waiver by Agent, for itself and the ratable benefit of Lenders, of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Agent would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising on the part of Agent or any Lender, any right, power or privilege hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights and remedies provided by law. None of the terms or provisions of this Guaranty may be waived, altered, modified, supplemented or amended except by an instrument in writing, duly executed by Agent and Guarantors.

Appears in 1 contract

Samples: Guaranty (American Eco Corp)

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