Common use of No Waiver; Cumulative Remedies Clause in Contracts

No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 418 contracts

Samples: Credit and Guaranty Agreement (Potbelly Corp), Credit Agreement (VeriFone Holdings, Inc.), Term Loan Credit Agreement (Idex Corp /De/)

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No Waiver; Cumulative Remedies. No failure by any Lender or to exercise and no delay in exercising, on the part of the Administrative Agent to exercise, and no delay by or any such Person in exercisingLender, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 307 contracts

Samples: Credit Agreement (Capitalsource Inc), Loan Agreement (Hewitt Associates Inc), Credit Agreement (Mortons Restaurant Group Inc)

No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by lawLaw.

Appears in 80 contracts

Samples: Assignment and Assumption (Toyota Motor Credit Corp), Five Year Credit Agreement (Toyota Motor Credit Corp), Five Year Credit Agreement (Toyota Motor Credit Corp)

No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative Agent to exercise, exercise and no delay by any such Person in exercising, on the part of the Agent or any Lender, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 54 contracts

Samples: Credit Agreement (Journal Media Group, Inc.), Credit Agreement (Journal Communications Inc), Credit Agreement (Journal Communications Inc)

No Waiver; Cumulative Remedies. No failure by any the Lender or the Administrative Agent to exercise, and no delay by any such Person the Lender in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 50 contracts

Samples: Credit Agreement (Turbochef Technologies Inc), Credit Agreement (Varian Medical Systems Inc), Credit Agreement (Neustar Inc)

No Waiver; Cumulative Remedies. No failure by any Lender Lender, any L/C Issuer or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 43 contracts

Samples: Credit Agreement (Health Net Inc), Senior Secured Credit Agreement (Aimco Properties Lp), Credit Agreement (L 3 Communications Holdings Inc)

No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative Agent to exercise, exercise and no delay by any such Person in exercising, on the part of the Agent or any Bank, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 33 contracts

Samples: Credit Agreement (Humana Inc), Credit Agreement (Humana Inc), Credit Agreement (Hca Inc/Tn)

No Waiver; Cumulative Remedies. No failure by any Lender Lender, the L/C Issuer or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 31 contracts

Samples: Guaranty Agreement (Shurgard Storage Centers Inc), Credit Agreement (Insituform Technologies Inc), Credit Agreement (American Vanguard Corp)

No Waiver; Cumulative Remedies. No failure by any Lender or to exercise and no delay in exercising, on the part of the Administrative Agent to exercise, and no delay by or any such Person in exercisingBank, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 28 contracts

Samples: Credit Agreement (Centerpoint Energy Houston Electric LLC), Credit Agreement (Centerpoint Energy Resources Corp), Term Loan Agreement (Centerpoint Energy Inc)

No Waiver; Cumulative Remedies. No failure by any Lender or to exercise and no delay in exercising, on the part of the Administrative Agent to exercise, and no delay by or any such Person in exercisingBank, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 28 contracts

Samples: Term Loan Agreement (Western Union CO), Credit Agreement (Western Union CO), Term Loan Agreement (Western Union CO)

No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 26 contracts

Samples: Credit Agreement (CNL Healthcare Properties, Inc.), Credit Agreement (CNL Healthcare Properties, Inc.), Credit Agreement (MV Oil Trust)

No Waiver; Cumulative Remedies. No failure by on the part of any Lender or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder such right preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided in this Agreement are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 23 contracts

Samples: Credit Agreement (MorningStar Partners, L.P.), Credit Agreement (Isramco Inc), Credit Agreement (Abraxas Petroleum Corp)

No Waiver; Cumulative Remedies. No failure by any Lender Lender, the L/C Issuer or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 17 contracts

Samples: Revolving Credit Agreement (Essex Portfolio Lp), Credit Agreement (e.l.f. Beauty, Inc.), Revolving Credit Agreement (Essex Portfolio Lp)

No Waiver; Cumulative Remedies. (a) No failure by any Lender or the Administrative Agent to exercise, and no delay by any such Person Lender or Administrative Agent in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder under any Loan Document preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 16 contracts

Samples: Term Loan Credit Agreement, Term Loan Credit Agreement (NBCUniversal Media, LLC), Term Loan Credit Agreement (NBCUniversal Media, LLC)

No Waiver; Cumulative Remedies. No failure by any Lender Lender, the L/C Issuer or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by lawLaw.

Appears in 14 contracts

Samples: Credit Agreement (First Advantage Corp), Credit Agreement (Gilead Sciences Inc), Credit Agreement (Powersecure International, Inc.)

No Waiver; Cumulative Remedies. No failure by any an Agent or a Lender or the Administrative Agent to exercise, and no delay by any such Person an Agent or a Lender in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by lawLaw.

Appears in 14 contracts

Samples: Margin Loan Agreement (Liberty Broadband Corp), Margin Loan Agreement (Gazit-Globe LTD), Margin Loan Agreement (Focus Media Holding LTD)

No Waiver; Cumulative Remedies. No failure by any Lender Lender, the LC Issuer or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 12 contracts

Samples: Credit Agreement (Energy Transfer Partners, L.P.), Credit Agreement (Energy Transfer Partners, L.P.), Credit Agreement (Energy Transfer Equity, L.P.)

No Waiver; Cumulative Remedies. No failure by any Lender or any L/C Issuer or by the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by lawLaw.

Appears in 12 contracts

Samples: Credit Agreement (Albany Molecular Research Inc), Credit Agreement (Jazz Pharmaceuticals PLC), Credit Agreement (Medassets Inc)

No Waiver; Cumulative Remedies. No failure by any Lender or by the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by lawLaw.

Appears in 11 contracts

Samples: Credit Agreement (Teladoc, Inc.), Term Loan Credit Agreement (MKS Instruments Inc), Credit Agreement (Fairchild Corp)

No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 10 contracts

Samples: Credit Agreement (GSR II Meteora Acquisition Corp.), Credit Agreement (Cb Richard Ellis Realty Trust), Senior Secured Term Loan Agreement (William Lyon Homes)

No Waiver; Cumulative Remedies. No failure by any the Lender or the Administrative Agent to exercise, and no delay by any such Person the Lender in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by lawLaw.

Appears in 9 contracts

Samples: Credit Agreement (Allianz Funds), Margin Loan Agreement (Montierra Minerals & Production, L.P.), Security Agreement (Elsztain Eduardo S)

No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 8 contracts

Samples: Credit Agreement (Exponential Interactive, Inc.), Revolving Credit Agreement (Pmi Group Inc), Bridge Loan Credit Agreement (Pmi Group Inc)

No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative Agent Agents to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 6 contracts

Samples: Credit Agreement (Toys R Us Inc), Credit Agreement (McKesson Corp), Bridge Loan Agreement (Toys R Us Inc)

No Waiver; Cumulative Remedies. No failure by any Lender on the part of Agent or the Administrative Agent Lenders to exercise, and no delay by any such Person in exercising, any right, remedy, power power, or privilege hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege. The rights, remedies, powers rights and privileges herein provided remedies under this Agreement are cumulative and not exclusive of any rights, remedies, powers powers, and privileges provided by lawthat may otherwise be available to Agent and the Lenders.

Appears in 6 contracts

Samples: Intercompany Subordination Agreement (Jack Cooper Logistics, LLC), Intercompany Subordination Agreement (Oasis Interval Ownership, LLC), Intercompany Subordination Agreement (155 East Tropicana, LLC)

No Waiver; Cumulative Remedies. No failure by any the Lender or the Administrative Agent to exercise, and no delay by any such Person the Lender or the Agent in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 5 contracts

Samples: Credit Agreement (FS Multi-Alternative Income Fund), Credit Agreement (Western Asset Mortgage Opportunity Fund Inc.), Credit Agreement (BlackRock Credit Strategies Fund)

No Waiver; Cumulative Remedies. No failure by any Lender Lender, any Issuing Bank or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 5 contracts

Samples: Credit Agreement (Ebay Inc), Credit and Guarantee Agreement (Airbnb, Inc.), Credit Agreement (Rti International Metals Inc)

No Waiver; Cumulative Remedies. No failure by any Lender or to exercise and no delay in exercising, on the part of the Administrative Agent to exercise, and no delay by or any such Person in exercisingLender, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by lawRequirements of Law.

Appears in 5 contracts

Samples: Credit Agreement (CapLease, Inc.), Credit Agreement (Arbor Realty Trust Inc), Credit Agreement (Northstar Realty)

No Waiver; Cumulative Remedies. No failure by any Lender Holder or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege, subject to the terms of applicable Law. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 4 contracts

Samples: Note Agreement (NewStar Financial, Inc.), Note Agreement (NewStar Financial, Inc.), Note Agreement (NewStar Financial, Inc.)

No Waiver; Cumulative Remedies. No failure by any Lender or the ------------------------------ Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein or therein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 4 contracts

Samples: Credit Agreement (FMC Technologies Inc), Credit Agreement (FMC Technologies Inc), Credit Agreement (FMC Technologies Inc)

No Waiver; Cumulative Remedies. No failure by any Lender Lender, L/C Issuer or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 4 contracts

Samples: Credit Agreement (Corinthian Colleges Inc), Assignment and Assumption (Capital Lodging), Credit Agreement (Corinthian Colleges Inc)

No Waiver; Cumulative Remedies. No failure by on the part of any Lender or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder such right preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided in this Agreement are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 4 contracts

Samples: Credit Agreement (Abraxas Energy Partners LP), Subordinated Credit Agreement (Abraxas Energy Partners LP), Subordinated Credit Agreement (Abraxas Petroleum Corp)

No Waiver; Cumulative Remedies. No failure by any Lender the Lenders or the Administrative Agent to exercise, and no delay by any such Person the Lenders or the Agent in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 4 contracts

Samples: Credit Agreement (Terra Property Trust, Inc.), Credit Agreement (Terra Income Fund 6, Inc.), Credit Agreement (Terra Income Fund 6, LLC)

No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 4 contracts

Samples: Credit Agreement (Littelfuse Inc /De), Loan Agreement (Littelfuse Inc /De), Credit Agreement (Littelfuse Inc /De)

No Waiver; Cumulative Remedies. No failure by on the part of Agent or any Lender or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power power, or privilege hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege. The rights, remedies, powers rights and privileges herein provided remedies under this Agreement are cumulative and not exclusive of any rights, remedies, powers powers, and privileges provided by lawthat may otherwise be available to Agent or any Lender.

Appears in 4 contracts

Samples: Intercompany Subordination Agreement (SMART Modular Technologies (DE), Inc.), Intercompany Subordination Agreement (New York & Company, Inc.), Loan and Security Agreement (Restoration Robotics, Inc.)

No Waiver; Cumulative Remedies. No failure by any Lender Lender, the Administrative Agent or the Administrative Collateral Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein or therein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 4 contracts

Samples: Assignment and Assumption Agreement (Arthrocare Corp), Assignment and Assumption Agreement (Arthrocare Corp), Assignment and Assumption Agreement (Arthrocare Corp)

No Waiver; Cumulative Remedies. No failure by any Lender Lender, the Letter of Credit Issuer or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 4 contracts

Samples: Credit Agreement (Penson Worldwide Inc), Credit Agreement (Penson Worldwide Inc), Credit Agreement (Penson Worldwide Inc)

No Waiver; Cumulative Remedies. (a) No failure by any Lender or the Administrative Agent to exercise, and no delay by any such Person Lender or the Administrative Agent in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder under any Loan Document preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 4 contracts

Samples: First Amendment (NBCUniversal Media, LLC), Credit Agreement (Comcast Corp), Bridge Loan Agreement (General Electric Co)

No Waiver; Cumulative Remedies. No failure by any Lender Lender, the L/C Issuer or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 4 contracts

Samples: Credit Agreement (Alexander & Baldwin Inc), Credit Agreement (Alexander & Baldwin Inc), Credit Agreement (Alexander & Baldwin Inc)

No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative Collateral Agent to exercise, and no delay by any such Person the Collateral Agent in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by lawLaw.

Appears in 4 contracts

Samples: Security Agreement (Focus Media Holding LTD), Security Agreement (Focus Media Holding LTD), Security Agreement (Focus Media Holding LTD)

No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by lawLaw.

Appears in 4 contracts

Samples: Senior Term Loan Agreement (Prologis, L.P.), Senior Term Loan Agreement (Prologis, L.P.), Senior Bridge Loan Agreement (Prologis)

No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative any Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by lawLaw.

Appears in 4 contracts

Samples: Global Senior Credit Agreement (Prologis, L.P.), Global Senior Credit Agreement (Prologis, L.P.), Global Senior Credit Agreement (Prologis, L.P.)

No Waiver; Cumulative Remedies. No failure by any Lender Lender, the Administrative Agent or the Administrative Collateral Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 4 contracts

Samples: Second Lien Term Credit Agreement (Foamex International Inc), First Lien Term Credit Agreement (Foamex International Inc), Term Loan Agreement (Matria Healthcare Inc)

No Waiver; Cumulative Remedies. No failure by any Lender Bank or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein or therein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 4 contracts

Samples: Credit Agreement (Black Hills Corp /Sd/), Credit Agreement (Black Hills Corp /Sd/), Credit Agreement (Black Hills Corp /Sd/)

No Waiver; Cumulative Remedies. No failure by any Lender Lender, any L/C Issuer or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by lawLaw.

Appears in 4 contracts

Samples: Credit Agreement (Darden Restaurants Inc), Credit Agreement (Darden Restaurants Inc), Credit Agreement (Darden Restaurants Inc)

No Waiver; Cumulative Remedies. (a) No failure by any Lender or on the part of the Administrative Agent to exercise, no course of dealing with respect to, and no delay by any such Person on the part of the Administrative Agent in exercising, any right, remedy, power or privilege remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any such right, remedypower, power privilege or privilege remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power, privilege or remedy, power or privilege. The rights, remedies, powers All rights and privileges remedies herein provided are cumulative and are not exclusive of any rights, remedies, powers and privileges rights or remedies provided by lawlaw or otherwise available.

Appears in 4 contracts

Samples: Pledge Agreement (Royal Gold Inc), Pledge Agreement (Royal Gold Inc), Pledge Agreement (Royal Gold Inc)

No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative Paying Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 3 contracts

Samples: Credit Agreement (Tyco International LTD /Ber/), Assignment and Assumption (Tyco International LTD /Ber/), Assignment and Assumption (Tyco International LTD /Ber/)

No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any other rights, remedies, powers and privileges provided by law.

Appears in 3 contracts

Samples: Credit Agreement (New Aristotle Holdings, Inc.), Credit Agreement (Alberto Culver Co), Credit Agreement (Alberto Culver Co)

No Waiver; Cumulative Remedies. No failure by any Lender Lender, any Agent or the Administrative Collateral Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 3 contracts

Samples: Credit Agreement (EnerSys), Credit Agreement (Stonemor Partners Lp), Credit Agreement (EnerSys)

No Waiver; Cumulative Remedies. No failure by any Lender Lender, any L/C Issuer or the any Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 3 contracts

Samples: Credit Agreement (Graybar Electric Co Inc), Credit Agreement (Graybar Electric Co Inc), Credit Agreement (Graybar Electric Co Inc)

No Waiver; Cumulative Remedies. No failure by any Lender Lender, the L/C Issuer or the Administrative any Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 3 contracts

Samples: Credit Agreement (Entercom Communications Corp), Credit Agreement (Entercom Communications Corp), Credit Agreement (Entercom Communications Corp)

No Waiver; Cumulative Remedies. (a) No failure by any Lender Lender, any Issuer or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided, and provided under each other Loan Document, are cumulative and not exclusive of any rights, remedies, powers and privileges provided by lawLaw.

Appears in 3 contracts

Samples: Assignment and Assumption (BJ's Wholesale Club Holdings, Inc.), Credit Agreement (Signet Jewelers LTD), Credit Agreement (Signet Jewelers LTD)

No Waiver; Cumulative Remedies. No failure by any Lender Lender, the Issuer or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein or therein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 3 contracts

Samples: Credit and Term Loan Agreement (Waste Management Inc), Credit and Term Loan Agreement (Waste Management Inc), Credit and Term Loan Agreement (Waste Management Inc)

No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative Agent to exercise, and no delay by any such Person Lender or the Administrative Agent in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Assignment and Assumption (Synutra International, Inc.), Loan Agreement (Synutra International, Inc.)

No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers powers, and privileges herein or therein provided are cumulative and not exclusive of any rights, remedies, powers powers, and privileges provided by law.

Appears in 2 contracts

Samples: Day Revolving Credit Agreement (Alltel Corp), 364 Day Revolving Credit Agreement (Alltel Corp)

No Waiver; Cumulative Remedies. No failure by the Borrower, any Lender or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Sabre Holdings Corp), Credit Agreement (Sabre Holdings Corp)

No Waiver; Cumulative Remedies. No failure by any Lender Lender, any LC Issuer, or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Ferrellgas Finance Corp), Credit Agreement (Ferrellgas Partners Finance Corp)

No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative any Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein or therein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Solectron Corp), Credit Agreement (Solectron Corp)

No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative Agent or any Bank to exercise, and no delay by Administrative Agent or any such Person Bank in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Credit Agreement (EnerJex Resources, Inc.), Credit Agreement (EnerJex Resources, Inc.)

No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative Agent or any other Lending Party to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any no single or partial exercise of any right, remedy, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Loan and Security Agreement (Live Oak Acquisition Corp), Loan and Security Agreement (Live Oak Acquisition Corp)

No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative Agent to exercise, exercise and no delay by any such Person in exercising, on the part of the Security Trustee or any Lender, of any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Framework Agreement (Spirit Airlines, Inc.), Framework Agreement (Spirit Airlines, Inc.)

No Waiver; Cumulative Remedies. No failure by on the part of any Lender or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder such right preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided in this Agreement are cumulative and not exclusive of any rights, remedies, powers and privileges provided by lawLegal Requirements.

Appears in 2 contracts

Samples: Credit Agreement (Vantage Drilling CO), Credit Agreement (Vantage Drilling International)

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No Waiver; Cumulative Remedies. No failure by any Lender Bank or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Bridge Loan Agreement (Mentor Graphics Corp), Bridge Loan Agreement (Innoveda Inc)

No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative Agent to exercise, and no delay by any such Person Lender in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Security Agreement (Planar Systems Inc), Credit Agreement (Tasty Baking Co)

No Waiver; Cumulative Remedies. No failure by any Lender Lender, the L/C Issuer or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; thereof nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Health Care Property Investors Inc), Credit Agreement (Hcp, Inc.)

No Waiver; Cumulative Remedies. No failure by any Lender Lender, the L/C Issuer or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Tennessee Valley Authority), Bank Credit Agreement (Tennessee Valley Authority)

No Waiver; Cumulative Remedies. No failure by on the part of any Lender or the Administrative any Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder such right preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided in this Agreement are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Vantage Drilling CO), Credit Agreement (Cig Wireless Corp.)

No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; thereof nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Kraton Performance Polymers, Inc.), Credit Agreement (Kraton Polymers LLC)

No Waiver; Cumulative Remedies. No failure by any Lender or on the part of the Administrative Agent or any Lender to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers rights and privileges herein provided remedies under this Agreement are cumulative and not exclusive of any rights, remedies, powers and privileges provided by lawthat may otherwise be available to the Administrative Agent or any Lender.

Appears in 2 contracts

Samples: Credit Agreement (Building Materials Holding Corp), Credit Agreement (Building Materials Holding Corp)

No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative any Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Lenders and the Agents herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Senior Secured Term Loan Agreement (Cresco Labs Inc.), Senior Secured Term Loan Agreement (Cresco Labs Inc.)

No Waiver; Cumulative Remedies. No failure by any or delay on the part of Lender or the Administrative Agent to exercise, and no delay by any such Person in exercising, exercising any right, remedy, power or privilege hereunder or under any Note shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, remedy, power or privilege hereunder or thereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers rights and privileges remedies herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges rights or remedies provided by law.

Appears in 2 contracts

Samples: Loan Agreement (Inmedica Development Corp), Loan Agreement (Inmedica Development Corp)

No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative Agent to exercise, and no delay by any such Person the Administrative Agent in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Irobot Corp), Credit Agreement (Irobot Corp)

No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The 84 rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Prometheus Laboratories Inc), Credit Agreement (Prometheus Laboratories Inc)

No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein or therein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Uncommitted Credit Agreement (International Assets Holding Corp), Credit Agreement (Reliance Steel & Aluminum Co)

No Waiver; Cumulative Remedies. No failure by any Lender or xxxxxxx xx xxercise and no delay in exercising, on the part of the Administrative Agent to exercise, and no delay by or any such Person in exercisingLender, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Credit Agreement (American Home Products Corp), Credit Agreement (Wyeth)

No Waiver; Cumulative Remedies. No failure by any Lender, the Issuing Lender or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Reliance Steel & Aluminum Co), Credit Agreement (Reliance Steel & Aluminum Co)

No Waiver; Cumulative Remedies. (a) No failure by any an Agent or a Lender or the Administrative Agent to exercise, and no delay by any such Person an Agent or a Lender in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by lawLaw.

Appears in 2 contracts

Samples: Margin Loan Agreement (Liberty Broadband Corp), Margin Loan Agreement (Liberty Broadband Corp)

No Waiver; Cumulative Remedies. No failure by any Lender Lender, any Issuing Bank or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and 92 privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Rti International Metals Inc), Credit Agreement (Rti International Metals Inc)

No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative any Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Lenders and the Agents herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.. 107

Appears in 1 contract

Samples: Senior Secured Term Loan Agreement (Cresco Labs Inc.)

No Waiver; Cumulative Remedies. No failure by any Lender Lender, the LC Issuer or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by lawLaw.

Appears in 1 contract

Samples: Credit Agreement (Alon USA Energy, Inc.)

No Waiver; Cumulative Remedies. No failure by any Lender, any Issuing Lender or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Secured Revolving Credit Agreement (Monster Worldwide Inc)

No Waiver; Cumulative Remedies. No failure by any Lender Bank or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein or therein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Credit Agreement (Avista Corp)

No Waiver; Cumulative Remedies. No failure by the Agent or any Lender or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Possession Credit Agreement (General Moly, Inc)

No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, 90 remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Credit Agreement (Meritage Homes CORP)

No Waiver; Cumulative Remedies. No failure by any Lender or xxxxxxx xx xxxrcise and no delay in exercising, on the part of the Administrative Agent to exercise, and no delay by or any such Person in exercisingLender, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Credit Agreement (Wyeth)

No Waiver; Cumulative Remedies. No failure by any Lender Holder or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by lawLaw.

Appears in 1 contract

Samples: Credit Agreement (Greenbrier Companies Inc)

No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, Table of Contents remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Credit Agreement (Georgia Pacific Corp)

No Waiver; Cumulative Remedies. No failure by any Lender Lender, any L/C Issuer or the Administrative Agent Agents to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Credit Agreement (Castle a M & Co)

No Waiver; Cumulative Remedies. No failure by on the part of Agent or any Lender or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power power, or privilege hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege. The rights, remedies, powers rights and privileges herein provided remedies under this Second Amended and Restated Subordination Agreement are cumulative and not exclusive of any rights, remedies, powers powers, and privileges provided by lawthat may otherwise be available to Agent or any Lender.

Appears in 1 contract

Samples: Intercompany Subordination Agreement (SMART Modular Technologies (WWH), Inc.)

No Waiver; Cumulative Remedies. No failure by any Lender or to exercise and no delay in exercising, on the part of the Administrative Agent to exercise, and no delay by or any such Person in exercisingLender, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, 109 powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Credit Agreement (VOXX International Corp)

No Waiver; Cumulative Remedies. No failure by any the Lender or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein or therein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Credit Agreement (PostRock Energy Corp)

No Waiver; Cumulative Remedies. No failure by any Lender or to exercise and no delay in exercising, on the part of the Administrative Agent to exercise, and no delay by or any such Person in exercisingPurchaser, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Note Purchase Agreement (Bravo Brio Restaurant Group, Inc.)

No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges provided to such Persons herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Credit Agreement (Mondavi Robert Corp)

No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein or therein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.. 100

Appears in 1 contract

Samples: Revolving Credit Agreement (Harris Corp /De/)

No Waiver; Cumulative Remedies. No failure by on the part of any Lender Participant, any Agent or the Administrative Agent Issuing Bank to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder such right preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided in this Agreement are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Credit Agreement (Willbros Group Inc)

No Waiver; Cumulative Remedies. No failure by any Lender Secured Hedge Counterparty or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Collateral Trust Agreement (Calumet Specialty Products Partners, L.P.)

No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by lawlaw or elsewhere in the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Erickson Air-Crane Inc)

No Waiver; Cumulative Remedies. No failure by any Lender Party or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Credit Facility Agreement (Affiliated Computer Services Inc)

No Waiver; Cumulative Remedies. No failure by any Lender or to exercise and no delay in exercising, on the part of the Administrative Agent to exercise, and no delay by or any such Person in exercisingLender, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; 76 nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Credit Agreement (West Corp)

No Waiver; Cumulative Remedies. No failure by any Lender or the Administrative Agent or any other Lending Party to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any no single or partial exercise of any right, remedy, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.. 91

Appears in 1 contract

Samples: Loan and Security Agreement (Intercloud Systems, Inc.)

No Waiver; Cumulative Remedies. No failure by any Lender the Term B-4 Lenders or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Guarantee (Toys R Us Inc)

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