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

No Waiver; Cumulative Remedies; Amendments. Neither the Agent nor any Secured Party shall by any act (except by a written instrument permitted by this Section 6(e)) be deemed to have waived any right or remedy hereunder. No failure to exercise, nor any delay in exercising, on the part of the Agent or any Secured Party any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Secured Party 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 or such Secured Party would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law. Neither this Guarantee nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Agent and the Guarantor or Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.08 of the Credit Agreement.

Appears in 5 contracts

Samples: Guarantee Agreement (EVERTEC, Inc.), Guarantee Agreement (Great Wolf Resorts, Inc.), Guarantee Agreement (EVERTEC, Inc.)

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No Waiver; Cumulative Remedies; Amendments. Neither the Agent nor any Secured Party No party shall be deemed by any act (except by a written instrument permitted by this Section 6(e)) be deemed act, delay, omission or otherwise to have waived any right of its rights or remedy remedies hereunder. No failure , and no waiver shall be valid unless in writing, signed by the party to exercise, nor any delay in exercising, on be charged therewith and then only to the part of the Agent or any Secured Party any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilegeextent therein set forth. A waiver by the Agent or any Secured Party party 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 or such Secured Party party would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising 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 herein provided hereunder are cumulative, cumulative and may be exercised singly or concurrently and are not exclusive of any other rights or and remedies provided by lawlaw or at equity or otherwise (including subrogation or reimbursement rights). Neither None of the terms or provisions of this Guarantee nor any provision hereof Agreement may be waived, altered, modified, supplemented or amended or modified except pursuant to by an agreement or agreements instrument in writing entered into writing, duly executed by the Agent and the Guarantor or Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.08 each of the Credit Agreementparties hereto.

Appears in 3 contracts

Samples: Guarantee and Reimbursement Agreement (Stream Global Services, Inc.), Reimbursement Agreement (Revolution Lighting Technologies, Inc.), Reimbursement Agreement (Revolution Lighting Technologies, Inc.)

No Waiver; Cumulative Remedies; Amendments. Neither the Agent nor any Secured Party shall by any act (except by a written instrument permitted by this Section 6(e5(e)) be deemed to have waived any right or remedy hereunder. No failure to exercise, nor any delay in exercising, on the part of the Agent or any Secured Party any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Secured Party 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 or such Secured Party would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law. Neither this Guarantee nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Agent and the Guarantor or Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.08 of the Credit Agreement.

Appears in 1 contract

Samples: Guarantee Agreement (TII Smart Solutions, Sociedad Anonima)

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No Waiver; Cumulative Remedies; Amendments. Neither the Collateral Agent nor any Secured Party shall by any act (except by a written instrument permitted by this Section 6(e)) act, delay, omission or otherwise be deemed to have waived any right of its rights or remedy remedies hereunder. No failure , and no waiver shall be valid unless in writing, signed by Collateral Agent and then only to exercise, nor any delay in exercising, on the part of the Agent or any Secured Party any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilegeextent therein set forth. A waiver by the Collateral Agent or any Secured Party Parties 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 or such Secured Party Parties would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising on the part of Collateral Agent or any 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 herein hereunder provided are cumulative, cumulative and may be exercised singly or concurrently concurrently, and are not exclusive of any other rights or and remedies provided by law. Neither None of the terms or provisions of this Guarantee nor any provision hereof Security Agreement may be waived, altered, modified or amended or modified except pursuant to by an agreement or agreements instrument in writing entered into writing, duly executed by the Collateral Agent and the Guarantor or Guarantors with respect applicable party to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.08 of the Credit Agreementbe charged.

Appears in 1 contract

Samples: Subordinated Guarantor Security Agreement (Asta Funding Inc)

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