Common use of No Waiver; Cumulative Remedies Clause in Contracts

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer or the Seller, 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 exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 177 contracts

Samples: Receivables Purchase Agreement (CarMax Auto Owner Trust 2024-2), Receivables Purchase Agreement (Carmax Auto Funding LLC), Receivables Purchase Agreement (Honda Auto Receivables 2011-1 Owner Trust)

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No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Issuer, the Indenture Trustee or the Seller, 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 exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 91 contracts

Samples: Form of Receivables Purchase Agreement (Toyota Auto Receivables 2024-B Owner Trust), Receivables Purchase Agreement (Toyota Auto Receivables 2018-C Owner Trust), Form of Receivables Purchase Agreement (Toyota Auto Receivables 2016-D Owner Trust)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the PurchaserOwner Trustee, the Issuer Indenture Trustee, the Noteholders or the SellerCertificateholders, 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 therein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 83 contracts

Samples: Sale and Servicing Agreement (GS Auto Loan Trust 2005-1), Sale and Servicing Agreement (USAA Auto Owner Trust 2007-1), Sale and Servicing Agreement (Mmca Auto Owner Trust 2001-3)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer or the RPA Seller, 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 exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 63 contracts

Samples: Receivables Purchase Agreement (American Honda Receivables LLC), Receivables Purchase Agreement (American Honda Receivables LLC), Receivables Purchase Agreement (American Honda Receivables LLC)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Trustee or the SellerCertificateholders, any right, remedy, power or privilege hereunder under this Agreement shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder under this Agreement 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 under this Agreement are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 41 contracts

Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC), Pooling and Servicing Agreement, Pooling and Servicing Agreement (American Express Credit Account Master Trust)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Seller or the SellerAdministrative Agent, 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 exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 37 contracts

Samples: Sale and Contribution Agreement (Owl Rock Technology Finance Corp. II), Sale and Contribution Agreement (FS Investment Corp III), Sale and Contribution Agreement (Kennedy Lewis Capital Co)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer HARC or the Seller, 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 exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 36 contracts

Samples: Master Receivables Purchase Agreement (Household Automotive Trust 2004-1), Master Receivables Purchase Agreement (HSBC Automotive Trust 2005-2), Master Receivables Purchase Agreement (HSBC Automotive Trust 2005-1)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Purchaser or the Seller, 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 exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 30 contracts

Samples: Receivables Purchase Agreement (Carvana Auto Receivables Trust 2021-P4), Receivables Purchase Agreement (Carvana Auto Receivables Trust 2021-N2), Receivables Purchase Agreement (Carvana Auto Receivables Trust 2021-P1)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer or the SellerLender, 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 exhaustive exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 29 contracts

Samples: Credit Agreement (Revlon Consumer Products Corp), Credit Agreement (Tekni Plex Inc), Senior Secured Credit Agreement (Crystallex International Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Buyer or the Seller, 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 exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 25 contracts

Samples: Purchase and Sale Agreement (GSC Investment Corp.), Purchase and Sale Agreement (Patriot Capital Funding, Inc.), Purchase and Contribution Agreement (PennantPark Floating Rate Capital Ltd.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchasereither Borrower, the Issuer Administrative Agent or the Sellerany Bank, 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 exhaustive exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 23 contracts

Samples: Credit Agreement (Deere John Capital Corp), Credit Agreement (Deere & Co), Credit Agreement (Deere John Capital Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Seller or the SellerTrustee, 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 exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 22 contracts

Samples: Loan Sale Agreement (Blue Owl Capital Corp), Loan Sale Agreement (Owl Rock Capital Corp), Loan Sale Agreement (Owl Rock Capital Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the PurchaserFunding, the Issuer CAC or the SellerTrust Collateral Agent, 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 exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 21 contracts

Samples: Sale and Contribution Agreement (Credit Acceptance Corp), Sale and Contribution Agreement (Credit Acceptance Corp), Sale and Contribution Agreement (Credit Acceptance Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the PurchaserFunding, the Issuer CAC or the SellerTrust Collateral Agent, 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 exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 17 contracts

Samples: Sale and Contribution Agreement (Credit Acceptance Corp), Sale and Contribution Agreement (Credit Acceptance Corp), Sale and Contribution Agreement (Credit Acceptance Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the PurchaserOwner Trustee, Indenture Trustee, the Issuer Noteholders or the SellerCertificateholders, 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 therein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 17 contracts

Samples: Sale and Servicing (Bank One Auto Securitization LLC), Sale and Servicing Agreement (Ace Sec Corp Wells Fargo Financial Auto Owner Trust 2004-A), Sale and Servicing (Bank One Auto Securitization Trust 2003-1)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Seller or the SellerCollateral Trustee, 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 exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 13 contracts

Samples: Loan Sale Agreement (Blue Owl Technology Finance Corp. II), Loan Sale Agreement (Owl Rock Core Income Corp.), Loan Sale Agreement (Owl Rock Core Income Corp.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Seller or the SellerAgent, 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 exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 12 contracts

Samples: Sale and Contribution Agreement (Owl Rock Capital Corp III), Receivables Purchase Agreement (United Stationers Inc), Receivables Purchase Agreement (United Stationers Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Buyer or the Seller, 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 exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 10 contracts

Samples: Receivables Purchase Agreement (HSBC Credit Card Master Note Trust (Usa) I), Receivables Purchase Agreement (Metris Master Trust), Receivables Purchase Agreement

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Seller or the SellerFacility Agent, 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 exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 10 contracts

Samples: Sale and Contribution Agreement (Oaktree Strategic Income Corp), Sale and Contribution Agreement (AB Private Credit Investors Corp), Sale and Contribution Agreement (GOLUB CAPITAL INVESTMENT Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Indenture Trustee or the Sellerany Secured Party, 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 exhaustive of any rights, remedies, powers and privileges provided by lawLaw.

Appears in 8 contracts

Samples: Indenture (Oportun Financial Corp), Indenture (Oportun Financial Corp), Indenture (Oportun Financial Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer or the Seller, 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 exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 7 contracts

Samples: Receivables Purchase Agreement (Huntsman International LLC), Limited Liability Company Agreement (Memec Inc), Receivables Purchase Agreement (Huntsman International LLC)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer or the Seller, 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 exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 6 contracts

Samples: Receivables Purchase Agreement (Zenith Electronics Corp), Receivables Purchase Agreement (Zenith Electronics Corp), Purchase Agreement (Elder Beerman Stores Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Purchaser or the SellerXxxxx, 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 exhaustive (except to the extent specifically provided herein) of any other rights, remedies, powers and or privileges provided by law.

Appears in 5 contracts

Samples: Receivables Sale Agreement (T-Mobile US, Inc.), Receivables Sale Agreement (T-Mobile US, Inc.), Receivables Sale Agreement (T-Mobile US, Inc.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Company or the Seller, 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 powers or privilege. The Subject to Section 9.06, the rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 5 contracts

Samples: Receivables Purchase Agreement (Goldman Sachs Asset Backed Securities Corp), Receivables Purchase Agreement (Bond Securitization LLC), Receivables Purchase Agreement (Bond Securitization LLC)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Purchaser or the Seller, 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 exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 5 contracts

Samples: Receivables Purchase Agreement (American Express Receivables Financing Corp Iv LLC), Receivables Purchase Agreement (Signet Jewelers LTD), Receivables Purchase Agreement

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Purchaser or the Seller, 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 exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 4 contracts

Samples: Facility Agreement (KKR FS Income Trust), Sale and Contribution Agreement (FS Energy & Power Fund), Sale and Contribution Agreement (FS Investment Corp III)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Seller or the SellerServicer, any right, remedy, power or privilege hereunder shall hereunder, will operate as a waiver thereof; nor shall will 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 therein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 4 contracts

Samples: Purchase and Servicing Agreement (Morgan Stanley Auto Loan Trust 2004-Hb1), Purchase and Servicing Agreement (Morgan Stanley Auto Loan Trust 2003-Hb1), Purchase and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Sellers or the SellerAdministrative Agent, 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 exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 4 contracts

Samples: Receivables Purchase Agreement (Trimas Corp), Receivables Purchase Agreement (Tyson Foods Inc), Receivables Purchase Agreement (Trimas Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Purchaser or the Seller, any right, remedy, power or privilege hereunder under this Agreement, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder under this Agreement 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 under this Agreement are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Nordstrom Inc), Receivables Purchase Agreement (Nordstrom Credit Inc), Receivables Purchase Agreement (Nordstrom Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Buyer or the SellerOriginator, 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 exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Trendwest Resorts Inc), Receivables Purchase Agreement (Trendwest Resorts Inc), Receivables Purchase Agreement (Trendwest Resorts Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Buyer or the Seller, any right, remedy, power power, or privilege hereunder 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 power, or privilege. The rights, remedies, powers powers, and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers powers, and privileges provided by law.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Credit Store Inc), Receivables Purchase Agreement (Credit Store Inc), Account Purchase Agreement (Credit Store Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Seller or the SellerTrustee (as assignee of the Purchaser), 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 exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Saks Inc), Receivables Purchase Agreement (Proffitts Credit Card Master Trust), Receivables Purchase Agreement (Saks Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Trustee or the Seller, 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 exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Toyota Motor Credit Corp), Receivables Purchase Agreement (Toyota Motor Credit Corp), Receivables Purchase Agreement (Honda Auto Receivables 1996-a Grantor Trust)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer HRAC or the SellerBank, 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 Subject to Section 9.06, the rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Hrsi Funding Inc Ii), 4 Receivables Purchase Agreement (Hrsi Funding Inc Ii), Receivables Purchase Agreement (Hrsi Funding Inc Ii)

No Waiver; Cumulative Remedies. No failure to exercise and ------------------------------ no delay in exercising, on the part of the Purchaser, the Issuer Trustee or the SellerInvestor Certificateholders, 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 exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (First Consumers Master Trust), Pooling and Servicing Agreement (Spiegel Credit Corp Iii), Pooling and Servicing Agreement (First Consumers Master Trust)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Trustee or the SellerInvestor Certificateholders, any right, remedy, power or privilege hereunder 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 exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 3 contracts

Samples: Pooling Agreement (Lifestyle Furnishings International LTD), Pooling and Servicing Agreement (General Cable Corp /De/), Pooling Agreement (American Axle & Manufacturing Holdings Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Issuer, the Indenture Trustee, the Noteholders or the Seller, 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 exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Wachovia Auto Loan Owner Trust 2007-1), Receivables Purchase Agreement (Wachovia Auto Owner Trust 2008-A), Receivables Purchase Agreement (Pooled Auto Securities Shelf LLC)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Corporation or the SellerAccount Owner, 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 Subject to Section 9.06, the rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 3 contracts

Samples: Receivables Transfer Agreement (Travelers Bank Credit Card Master Trust I), Receivables Transfer Agreement (Travelers Bank Credit Card Master Trust I), Receivables Transfer Agreement (Travelers Bank Credit Card Master Trust I)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, exercising on the part of the Purchaser, the Issuer or the Seller, any right, remedy, power or privilege hereunder or under the other Financing Documents 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 exhaustive exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Digital Turbine, Inc.), Unconditional Secured Guaranty and Pledge Agreement (Mandalay Digital Group, Inc.), Securities Purchase (Mandalay Digital Group, Inc.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the PurchaserTrustee, the Issuer Agent or the Sellerany Purchaser, 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 exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 3 contracts

Samples: Execution Copy (American Axle & Manufacturing Holdings Inc), Pooling Agreement (Lifestyle Furnishings International LTD), American Axle & Manufacturing Inc

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the PurchaserHRAC , the Issuer HRSIFI or the SellerBank, 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 Subject to Section 9.06, the rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Agreement (Hrsi Funding Inc Ii), Receivables Purchase Agreement (Hrsi Funding Inc Ii)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer [ ] or the Seller, 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 powers or privilege. The Subject to Section 9.06, the rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Goldman Sachs Asset Backed Securities Corp), Receivables Purchase Agreement (Gs Mortgage Securities Corp)

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

Appears in 2 contracts

Samples: Secured Loan Agreement (Cannabis-Rx Inc.), Cannabis-Rx Inc.

No Waiver; Cumulative Remedies. No failure to exercise and ------------------------------ no delay in exercising, on the part of the Purchaser, the Issuer Seller or the SellerEnterprise, 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 exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Compucom Systems Inc), Receivables Purchase Agreement (Safeguard Scientifics Inc Et Al)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer or the Seller, 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 hereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Contribution and Sale Agreement (Willis Lease Finance Corp), Contribution and Sale Agreement (Willis Lease Finance Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Dryrock Funding or the Seller, 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 exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Dryrock Issuance Trust), Receivables Purchase Agreement (Dryrock Issuance Trust)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Purchaser or the Seller, 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 Subject to Section 9.6, the rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law. Section 9.9.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Partners First Receivables Funding Corp), Receivables Purchase Agreement (Partners First Credit Card Master Trust)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer HRAC II or the SellerMRI, 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 Subject to Section 10.06, the rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Receivables Purchase Agreement, Receivables Purchase Agreement (Metris Master Trust)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer or the Seller, 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 hereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 2 contracts

Samples: Container Sale Agreement (Cronos Group), Contribution and Sale Agreement (Sea Containers LTD /Ny/)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Purchaser or the Seller, 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 exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Receivables Purchase Agreement, Receivables Purchase Agreement (Compucredit Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Purchaser or the SellerChase USA, 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 exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Providian Master Trust), Receivables Purchase Agreement (Providian Master Trust)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer PFR or the SellerBank, 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 Subject to Sections 4.4 and 9.6, the rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Partners First Receivables Funding Corp), Receivables Purchase Agreement (Partners First Receivables Funding Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the PurchaserOriginators, the Issuer Administrative Agent or the Sellerany Purchaser, any right, remedy, power or privilege hereunder or under the other Transaction Documents 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 exhaustive exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Purchase Agreement (Powerwave Technologies Inc), Collateral Assignment Agreement (Sanmina-Sci Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Purchaser or the Seller, 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 Subject to Section 9.6, the rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Partners First Receivables Funding Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Sellers or Purchaser, the Issuer or the Seller, 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 exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (A I Receivables Transfer Corp)

No Waiver; Cumulative Remedies. No failure by the Purchaser to exercise exercise, and no delay by any such Person in exercising, on the part of the Purchaser, the Issuer or the Seller, any right, remedy, power or privilege hereunder or under any other Related Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder or under any other Related 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, and provided under each other Related Document, are cumulative and not exhaustive exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Continuing Covenant Agreement

No Waiver; Cumulative Remedies. No failure by the Buyer to exercise exercise, and no delay by any such Person in exercising, on the part of the Purchaser, the Issuer or the Seller, 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 or thereunder 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 exhaustive exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Securities Purchase Agreement (Lithium Technology Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Company or the SellerHRAC, 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 Notwithstanding the foregoing and subject to Section 9.06, the rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Saks Credit Card Master Trust)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Company or the SellerSellers, 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 Subject to Section 9.06, the rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Household Consumer Loan Corp Ii)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser Representative or a Purchaser, the Issuer or the Seller, 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 exhaustive exclusive of any rights, remedies, powers and privileges provided by lawlaw or in equity.

Appears in 1 contract

Samples: Note Purchase Agreement (Motorcar Parts of America Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer or the Sellerany Person, any right, remedy, power or privilege hereunder or under the Supplement shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder under this Agreement or under the Supplement 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 herein provided or in the Supplement are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Imperial Holdings, LLC

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No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchasereither Transferor, the Issuer Depositor or the SellerIssuer, 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 hereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 1 contract

Samples: Receivables Pledge Agreement (Prudential Securities Secured Financing Corp)

No Waiver; Cumulative Remedies. No failure to exercise exercise, and no delay in exercising, exercising on the part of the Purchaser, the Issuer or the Seller, of any right, remedy, power 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 power, or privilege. The rights, remedies, powers powers, and privileges herein provided are cumulative and not exhaustive exclusive of any rights, remedies, powers powers, and privileges provided by law.

Appears in 1 contract

Samples: Stock Purchase Agreement (INNOVATE Corp.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Seller or the SellerPurchaser, 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 exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Credit Agreement (Santander Holdings USA, Inc.)

No Waiver; Cumulative Remedies. No failure by Purchaser to exercise exercise, and no delay by Purchaser in exercising, on the part of the Purchaser, the Issuer or the Seller, 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 exhaustive exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Purchase Agreement (Hospitality Properties Trust)

No Waiver; Cumulative Remedies. No failure waiver to exercise and no delay in exercising, on the part of the PurchaserBuyer, the Issuer Seller or the SellerTrustee, 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 exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 1 contract

Samples: Master Loan Sale Agreement (PennantPark Floating Rate Capital Ltd.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer or the Sellerany Person, any right, remedy, power or privilege hereunder or under any Supplement shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder under this Agreement or under any Supplement 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 herein provided or in any Supplement are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Indenture and Security Agreement (Wentworth J G & Co Inc)

No Waiver; Cumulative Remedies. No failure on the part of the Purchaser to exercise exercise, and no delay in exercising, on the part of the Purchaser, the Issuer or the Seller, 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 exhaustive exclusive of any rights, remedies, powers powers, and privileges provided by lawthat may otherwise be available to the Purchaser.

Appears in 1 contract

Samples: Intercompany Subordination Agreement (Butler International Inc /Md/)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer or the Seller, any right, remedy, power or privilege hereunder or under the other Transaction Documents 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 exhaustive exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Aegean Marine Petroleum Network Inc.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer or the Seller, any right, remedy, power or privilege hereunder or under the other Transaction Documents 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 exhaustive exclusive of any rights, remedies, powers and privileges provided by lawlaw or in equity.

Appears in 1 contract

Samples: Security Agreement (Center for Wound Healing, Inc.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Buyer or the SellerFinancing Originator, 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 exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 1 contract

Samples: Purchase Agreement (Newcourt Receivables Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer or the Sellerany Person, 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 under any Note 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 herein provided and in the Notes are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by lawApplicable Law.

Appears in 1 contract

Samples: Indenture (Corporacion America Airports S.A.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer or the Seller, any right, remedy, power or privilege hereunder or under the other Transaction Documents 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 exhaustive exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Securities Purchase Agreement (Impco Technologies Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer or the SellerPurchasers, any right, remedy, power or privilege hereunder or under the other Transaction Documents 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 exhaustive exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Trade Receivables Purchase Agreement (Aegean Marine Petroleum Network Inc.)

No Waiver; Cumulative Remedies. No failure to exercise ------------------------------ and no delay in exercising, on the part of the Purchaser, the Issuer Seller or the SellerPurchaser, 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 exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Fnanb Credit Card Master Trust)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Parent or the any Seller, 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 hereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 1 contract

Samples: Sale Agreement (Interpool Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Seller, the Company or the SellerAdministrative Agent, 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 exhaustive of any rights, remedies, powers and privileges provided privilege pro vided by law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Imc Global Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Buyer or the SellerTCSI, any right, remedy, power power, or privilege hereunder 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 power, or privilege. The rights, remedies, powers powers, and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers powers, and privileges provided by law.

Appears in 1 contract

Samples: Receivables Sale Agreement (Credit Store Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Buyer or the Seller, 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 exhaustive of any rights, remedies, powers and privileges provided by law.. Section 9.8

Appears in 1 contract

Samples: Purchase Agreement (Metris Receivables Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer [Trust][Trustee] or the any Seller, 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 exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Transfer Agreement (HSBC Home Equity Loan Corp I)

No Waiver; Cumulative Remedies. No failure to exercise and ------------------------------ no delay in exercising, on the part of the Purchaser, the Issuer Seller or the SellerPurchaser, 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 exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Circuit City Credit Card Master Trust)

No Waiver; Cumulative Remedies. No failure to exercise and ------------------------------ no delay in exercising, on the part of the Purchaser, the Issuer or the Buyer and either Seller, 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 exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Spiegel Master Trust)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Purchaser or the SellerSellers, any right, remedy, power or privilege hereunder under this Agreement, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder under this Agreement 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 under this Agreement are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Note Purchase Agreement (Bon Ton Stores Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer or the SellerXxxx Xxxxxxx, any right, remedy, power or privilege hereunder or under any Security Document, 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 and privileges herein or therein provided are cumulative and not exhaustive exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Escrow Agreement (Bear Island Finance Co Ii)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Buyer or the SellerOriginator, 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 exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Fidelity Leasing Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Account Owner or Receivables Purchaser, the Issuer or the Seller, 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 exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Compucredit Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no ------------------------------ delay in exercising, on the part of the Purchaser, the Issuer or the Seller, 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 exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Pooled Auto Securities Shelf LLC)

No Waiver; Cumulative Remedies. No failure to exercise ------------------------------ and no delay in exercising, on the part of the Purchaser, the Issuer Buyer or the either Seller, 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 exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Spiegel Master Trust)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Sellers or the SellerAgent, 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 exhaustive of any rights, remediesreme- dies, powers and privileges privilege provided by law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Proffitts Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Buyer or the Seller, 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 exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Senior Insurance Settlements Purchase Agreement (Capital Resource Group LLC)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Buyer or the either Seller, 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 exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Fidelity Leasing Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer HRAC or the SellerBank, 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 Subject to Section 8.06, the rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Saks Credit Card Master Trust)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer or the Seller, 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 exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 1 contract

Samples: Asset Purchase Agreement (Dyntek Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Trustee or the SellerFleetwood Credit, 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 exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Fleetwood Credit Receivables Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer or the Seller, of any right, remedy, power 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 power, or privilege. The rights, remedies, powers powers, and privileges herein provided are cumulative and not exhaustive exclusive of any rights, remedies, powers powers, and privileges provided by law. 12.

Appears in 1 contract

Samples: Limited Recourse Guarantee and Security Agreement (Bird Global, Inc.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Seller or the SellerPurchaser, 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 exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Yamaha Motor Receivables Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer or the Seller, Purchaser any right, remedy, power or privilege hereunder shall hereunder, will operate as a waiver thereof; nor shall will 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 therein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Servicing Agreement (Banc of America Securities Auto Trust 2005-Wf1)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Trustee or the Seller, 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 exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Toyota Motor Credit Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Escrow Agent or the SellerSecured Parties, 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 exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 1 contract

Samples: Pledge and Security Agreement (American Capital Strategies LTD)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of the Purchaser, the Issuer Seller or the SellerBlue Ridge, 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 exhaustive of any rights, remedies, powers and privileges privilege provided by law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Georgia Gulf Corp /De/)

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