No Waiver of Rights. No delay or failure on the part of the Lender to exercise any right, power or privilege under this Guaranty or any of the other Loan Documents shall operate as a waiver thereof, and no single or partial exercise of any right, power or privilege shall preclude any other or further exercise thereof or the exercise of any other power or right, or be deemed to establish a custom or course of dealing or performance between the parties hereto. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law. No notice to or demand on the Guarantor in any case shall entitle the Guarantor to any other or further notice or demand in the same, similar or other circumstance.
Appears in 12 contracts
Samples: Guaranty of Payment (Inland American Real Estate Trust, Inc.), Guaranty of Recourse (Strategic Storage Trust IV, Inc.), Guaranty of Payment and Performance (Adcare Health Systems Inc)
No Waiver of Rights. No delay or failure on the part of the Lender to exercise any right, power or privilege under this Guaranty or any of the other Loan Documents shall operate as a waiver thereof, and no single or partial exercise of any right, power or privilege shall preclude any other or further exercise thereof or the exercise of any other power or right, or be deemed to establish a custom or course of dealing or performance between the parties hereto. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law. No notice to or demand on the Guarantor in any case shall entitle the Guarantor to any other or further notice or demand in the same, similar or other circumstance.
Appears in 12 contracts
Samples: Security and Guaranty Agreement (Behringer Harvard Reit I Inc), Guaranty of Payment and Completion (Coronus Solar Inc.), Guaranty (Adcare Health Systems, Inc)
No Waiver of Rights. No delay or failure on the part of the Lender to exercise any right, power or privilege under this Guaranty or any of the other Loan Documents shall operate as a waiver thereof, and no single or partial exercise of any right, power or privilege shall preclude any other or further exercise thereof or the exercise of any other power or right, or be deemed to establish a custom or course of dealing or performance between the parties hereto. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law. No notice to or demand on the any Guarantor in any case shall entitle the such Guarantor to any other or further notice or demand in the same, similar or other circumstance.
Appears in 5 contracts
Samples: Payment and Performance (Adcare Health Systems Inc), Guaranty of Payment and Performance (Adcare Health Systems Inc), Guaranty of Payment and Performance (Adcare Health Systems Inc)
No Waiver of Rights. No delay or failure on the part of the Lender to exercise any right, power or privilege under this Guaranty or any of the other Loan Documents shall operate as a waiver thereof, and no single or partial exercise of any right, power or privilege shall preclude any other or further exercise thereof or the exercise of any other power or right, or be deemed to establish a custom or course of dealing or performance between the parties hereto. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law. No notice to or demand on the Guarantor Guarantors in any case shall entitle the Guarantor Guarantors to any other or further notice or demand in the same, similar or other circumstance.
Appears in 3 contracts
Samples: Strategic Storage Trust VI, Inc., Strategic Storage Trust VI, Inc., Strategic Storage Trust VI, Inc.
No Waiver of Rights. No Neither any delay or in exercising, nor any failure on the part of the Agent or any Lender to exercise any right, power or privilege under this Guaranty or any of the other Loan Documents Instruments shall operate as a waiver thereof, and no single or partial exercise of any right, power or privilege shall preclude any other or further exercise thereof or the exercise of any other power or right, or be deemed to establish a custom or course of dealing or performance between among the parties hereto. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law. No notice to or demand on the Guarantor in any case shall entitle the Guarantor to any other or further notice or demand in the same, similar or any other circumstance.
Appears in 2 contracts
Samples: Guaranty (Paging Partners Corp), Guaranty (Citadel Communications Corp)
No Waiver of Rights. No delay or failure on the part of the Lender to exercise any right, power or privilege under this Guaranty or any of the other Loan Documents shall operate as a waiver thereof, and no single or partial exercise of any right, power or privilege shall preclude any other or further exercise thereof or the exercise of any other power or right, or be deemed to establish a custom or course of dealing or performance between the parties hereto. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law. No notice to or demand on any of the Guarantor in any case shall entitle any of the Guarantor to any other or further notice or demand in the same, similar or other circumstance.
Appears in 2 contracts
Samples: Industrial Services of America Inc, Industrial Services of America Inc /Fl
No Waiver of Rights. No delay or failure on the part of the Lender Agent or Banks to exercise any right, power or privilege under this Guaranty or any of the other Loan Documents shall operate as a waiver thereof, and no single or partial exercise of any right, power or privilege shall preclude any other or further exercise thereof or the exercise of any other power or right, or be deemed to establish a custom or course of dealing or performance between the parties hereto. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law. No notice to or demand on the Guarantor Guarantors in any case shall entitle the Guarantor Guarantors to any other or further notice or demand in the same, similar or other circumstance.
Appears in 2 contracts
Samples: Credit Agreement (Tandy Brands Accessories Inc), Credit Agreement (Tandy Brands Accessories Inc)
No Waiver of Rights. No Neither any delay or in exercising, nor any failure on the part of the Lender Lessor to exercise any right, power or privilege under this Guaranty or any of the other Loan Lease Documents shall operate as a waiver thereof, and no single or partial exercise of any right, power or privilege shall preclude any other or further exercise thereof or the exercise of any other power or right, or be deemed to establish a custom or course of dealing or performance between among the parties hereto. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law. No notice to or demand on the Guarantor in any case shall entitle the Guarantor to any other or further notice or demand in the same, similar or any other circumstance.
Appears in 1 contract
No Waiver of Rights. No delay or failure on the part of the Lender Buyer to exercise any right, power or privilege under this Guaranty or any of the other Loan Documents Purchaser Agreement shall operate as a waiver thereof, and no single or partial exercise of any right, power or privilege shall preclude any other or further exercise thereof or the exercise of any other power or right, or be deemed to establish a custom or course of dealing or performance between the parties hereto. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law. No notice to or demand on the Guarantor in any case shall entitle the Guarantor to any other or further notice or demand in the same, similar or other circumstancecircumstances.
Appears in 1 contract
Samples: Asset Purchase Agreement (Applied Industrial Technologies Inc)
No Waiver of Rights. No delay or failure on the part of the Lender any Holder to exercise any right, power or privilege under this Guaranty or any of the other Loan Transaction Documents shall operate as a waiver thereof, and no single or partial exercise of any right, power or privilege shall preclude any other or further exercise thereof or the exercise of any other power or right, or be deemed to establish a custom or course of dealing or performance between the parties hereto. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law. No notice to or demand on the Guarantor in any case shall entitle the Guarantor to any other or further notice or demand in the same, similar or other circumstance.
Appears in 1 contract
Samples: Loan Agreement and Secured Promissory Note (Eos Petro, Inc.)
No Waiver of Rights. No Neither any delay or in exercising, nor any failure on the part of the Lender to exercise any right, power or privilege under this Guaranty or any of the other Loan Related Documents shall operate as a waiver thereof, and no single or partial exercise of any right, power or privilege shall preclude any other or further exercise thereof or the exercise of any other power or right, or be deemed to establish a custom or course of dealing or performance between among the parties hereto. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law. No notice to or demand on the Guarantor in any case shall entitle the Guarantor to any other or further notice or demand in the same, similar or any other circumstance.
Appears in 1 contract
No Waiver of Rights. No delay or failure on the part of the Lender Lenders to exercise any right, power or privilege under this Guaranty or any of the other Loan Documents shall operate as a waiver thereof, and no single or partial exercise of any right, power or privilege shall preclude any other or further exercise thereof or the exercise of any other power or right, or be deemed to establish a custom or course of dealing or performance between the parties hereto. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law. No notice to or demand on the Guarantor in any case shall entitle the Guarantor to any other or further notice or demand in the same, similar or other circumstance.
Appears in 1 contract
Samples: Guaranty (Telecom Wireless Corp/Co)
No Waiver of Rights. No delay or failure on the part of the Lender Agent to exercise any right, power or privilege under this Guaranty or any of the other Loan Documents shall operate as a waiver thereof, and no single or partial exercise of any right, power or privilege shall preclude any other or further exercise thereof or the exercise of any other power or right, or be deemed to establish a custom or course of dealing or performance between the parties hereto. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law. No notice to or demand on the Guarantor in any case shall entitle the Guarantor to any other or further notice or demand in the same, similar or other circumstance.
Appears in 1 contract
Samples: Guaranty of Payment (NNN Healthcare/Office REIT, Inc.)
No Waiver of Rights. No delay or failure on the part of the Lender to ------------------- exercise any right, power or privilege under this Guaranty or any of the other Loan Documents Instruments shall operate as a waiver thereof, and no single or partial exercise of any right, power or privilege shall preclude any other or further exercise thereof or the exercise of any other power or right, or be deemed to establish a custom or course of dealing or performance between the parties hereto. The rights and remedies provided herein provided are cumulative and not exclusive of any rights or remedies provided by law. No notice to or demand on the Guarantor in any case shall entitle the Guarantor to any other or further notice or demand in the same, similar or other circumstance.
Appears in 1 contract
No Waiver of Rights. No delay or failure on the part of the Lender to exercise any right, power or privilege under this Guaranty or any of the other Loan Documents Note shall operate as a waiver thereof, and no single or partial exercise of any right, power or privilege shall preclude any other or further exercise thereof or the exercise of any other power or right, or be deemed to establish a custom or course of dealing or performance between the parties hereto. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law. No notice to or demand on the Guarantor in any case shall entitle the Guarantor to any other or further notice or demand in the same, similar or other circumstance.
Appears in 1 contract
No Waiver of Rights. No delay or failure on the part of Agent or the Lender ------------------- Lenders to exercise any right, power or privilege under this Guaranty or any of the other Loan Documents shall operate as a waiver thereof, and no single or partial exercise of any right, power or privilege shall preclude any other or further exercise thereof or the exercise of any other power or right, or be deemed to establish a custom or course of dealing or performance between the parties hereto. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law. No notice to or demand on the any Guarantor in any case shall entitle the any Guarantor to any other or further notice or demand in the same, similar or other circumstance.
Appears in 1 contract
Samples: Opinion Research Corp
No Waiver of Rights. No delay or failure on the part of the Lender Landlord to exercise any right, power or privilege under this Guaranty or any of the other Loan Documents Lease Agreement shall operate as a waiver thereof, and no single or partial exercise of any right, power or privilege shall preclude any other or further exercise thereof or the exercise of any other power or right, or be deemed to establish a custom or course of dealing or performance between the parties hereto. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law. No notice to or demand on the Guarantor in any case shall entitle the Guarantor to any other or further notice or demand in the same, similar or other circumstance.
Appears in 1 contract
Samples: Guaranty of Lease (Cargo Connection Logistics Holding, Inc.)
No Waiver of Rights. No delay es or a nor any failure on the part of the Lender Seller to exercise any right, power or privilege under this Guaranty or any of the other Loan Documents Land Contract or Agreements shall operate as a waiver thereof, and no single or partial exercise of any right, power or privilege shall preclude any other or further exercise thereof or the exercise of any other power or right, or be deemed to establish a custom or course of dealing or performance between the parties hereto. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law. No notice to or demand on the Guarantor in any case shall entitle the such Guarantor to any other or further notice or demand in the same, similar or other circumstance.
Appears in 1 contract
Samples: Guaranty (Noble Internatinal LTD)
No Waiver of Rights. No delay or failure on the part of the Lender Xxxxxx to exercise any right, power or privilege under this Guaranty or any of the other Loan Documents shall operate as a waiver thereof, and no single or partial exercise of any right, power or privilege shall preclude any other or further exercise thereof or the exercise of any other power or right, or be deemed to establish a custom or course of dealing or performance between the parties hereto. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law. No notice to or demand on the Guarantor in any case shall entitle the Guarantor to any other or further notice or demand in the same, similar or other circumstance.
Appears in 1 contract
Samples: Guaranty (Newpark Resources Inc)
No Waiver of Rights. No Neither any delay or in exercising, nor any failure on the part of the Lender Promisee to exercise any right, power or privilege under this Guaranty or any of the other Loan Documents Note or Agreement shall operate as a waiver thereof, and no single or partial exercise of any right, power or privilege shall preclude any other or further exercise thereof or the exercise of any other power or right, or be deemed to establish a custom or course of dealing or performance between the parties hereto. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law. No notice to or demand on the Guarantor in any case shall entitle the such Guarantor to any other or further notice or demand in the same, similar or other circumstance.
Appears in 1 contract
Samples: Guaranty (Noble Internatinal LTD)
No Waiver of Rights. No delay or failure on the part of the Lender to exercise any right, power or privilege under this Guaranty or any of the other Loan Documents shall operate as a waiver thereof, and no single or partial exercise of any right, power or privilege shall preclude any other or further exercise thereof or the exercise of any other power or right, or be deemed to establish a custom or course of dealing or performance between the parties hereto. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law. No notice to or demand on the Guarantor in any case shall entitle the Guarantor to any other or further notice or demand in the same, similar or other circumstance.
Appears in 1 contract
Samples: Guaranty of Payment (Grubb & Ellis Healthcare REIT, Inc.)
No Waiver of Rights. No delay or failure on the part of the Lender Payees to exercise any right, power or privilege under this Guaranty or any of the other Loan Documents shall operate as a waiver thereof, and no single or partial exercise of any right, power or privilege shall preclude any other or further exercise thereof or the exercise of any other power or right, or be deemed to establish a custom or course of dealing or performance between the parties hereto. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law. No notice to or demand on the Guarantor in any case shall entitle the Guarantor to any other or further notice or demand in the same, similar or other circumstance.
Appears in 1 contract
Samples: Guaranty (Rand Logistics, Inc.)
No Waiver of Rights. No delay or failure on the part of the Lender to exercise any right, power or privilege under this Guaranty or any of the other Loan Documents shall operate as a waiver thereof, and no single or partial exercise of any right, power or privilege shall preclude any other or 5 further exercise thereof or the exercise of any other power or right, or be deemed to establish a custom or course of dealing or performance between the parties hereto. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law. No notice to or demand on the any Guarantor in any case shall entitle the such Guarantor to any other or further notice or demand in the same, similar or other circumstance.
Appears in 1 contract
Samples: Metal Management Inc
No Waiver of Rights. No delay or failure on the part of the Lender Purchaser to exercise any right, power or privilege under this Guaranty or any of the other Loan Documents shall operate as a waiver thereof, and no single or partial exercise of any right, power or privilege shall preclude any other or further exercise thereof or the exercise of any other power or right, or be deemed to establish a custom or course of dealing or performance between the parties hereto. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law. No notice to or demand on the Guarantor in any case shall entitle the Guarantor to any other or further notice or demand in the same, similar or other circumstance.
Appears in 1 contract
Samples: Asset Purchase Agreement (Ruths Chris Steak House, Inc.)
No Waiver of Rights. No delay or failure on the part of the Lender to exercise any right, power or privilege under this Guaranty or any of the other Loan Documents shall operate as a waiver thereof, and no single or partial exercise of any right, power or privilege shall preclude any other or further exercise thereof or the exercise of any other power or right, or be deemed to establish a custom or course of dealing or performance between the parties hereto. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law. No notice to or demand on the any Guarantor in any case shall entitle the such Guarantor to any other or further notice or demand in the same, similar or other circumstance.
Appears in 1 contract
Samples: Guaranty (Metal Management Inc)