Common use of No Waiver; Remedies Cumulative Clause in Contracts

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 63 contracts

Samples: Credit Agreement (Public Service Co of New Mexico), Credit Agreement (Public Service Co of New Mexico), Credit Agreement (Public Service Co of New Mexico)

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No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative Agent or any Lender and any of the Credit Parties shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower Credit Parties to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 36 contracts

Samples: Credit Agreement (Amn Healthcare Services Inc), Credit Agreement (Amn Healthcare Services Inc), Credit Agreement (Amn Healthcare Services Inc)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the a Borrower and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the a Borrower in any case shall entitle the such Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 33 contracts

Samples: Revolving Credit Agreement (Virginia Electric & Power Co), Revolving Credit Agreement (Dominion Energy, Inc), Revolving Credit Agreement (Dominion Energy South Carolina, Inc.)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative Agent or any Lender and any of the Credit Parties shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower or any other Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 24 contracts

Samples: Credit Agreement (Advance America, Cash Advance Centers, Inc.), Credit Agreement (Navigant International Inc), Bridge Credit Agreement (Navigant International Inc)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Loan Document and no course of dealing between the Borrower and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Loan Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 23 contracts

Samples: Term Loan Agreement (PNM Resources Inc), Term Loan Agreement (Public Service Co of New Mexico), Term Loan Agreement (Public Service Co of New Mexico)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any Credit Party and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 17 contracts

Samples: Credit Agreement (Quest Diagnostics Inc), Revolving Credit Agreement (Polaris Industries Inc/Mn), Bridge Credit Agreement (Quest Diagnostics Inc)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower any Credit Party and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 17 contracts

Samples: Credit Agreement (Air Transport Services Group, Inc.), Credit Agreement (Air Transport Services Group, Inc.), Credit Agreement (Air Transport Services Group, Inc.)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative an Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any Credit Party and the Administrative Agent Agents or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent Agents or any Lender would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent Agents or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 14 contracts

Samples: Credit Agreement (Knoll Inc), Credit Agreement (Ivex Packaging Corp /De/), Credit Agreement (Dispatch Management Services Corp)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower Credit Parties and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 13 contracts

Samples: Revolving Credit Agreement (Pan Pacific Retail Properties Inc), Revolving Credit Agreement (Pan Pacific Retail Properties Inc), Credit Agreement (Brandywine Realty Trust)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative Agent or any Lender and the Borrower shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 12 contracts

Samples: Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative Agent or any Lender and the Borrower shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 12 contracts

Samples: Credit Agreement (Airgas Inc), Credit Agreement (Worldtex Inc), Credit Agreement (Autozone Inc)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 9 contracts

Samples: Credit Agreement (Miami Computer Supply Corp), Credit Agreement (Royal Appliance Manufacturing Co), Credit Agreement (Fca of Ohio Inc)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent Agent, any Lender or any Lender holder of a Note in exercising any right, power right or privilege remedy hereunder or under any other Credit Document Loan Document, and no course of dealing between the any Borrower and the Administrative Agent or Agent, any Lender or the holder of any Note shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, power right or privilege remedy hereunder or under any other Credit Loan Document preclude any other or further exercise thereof or the exercise of any other right, power right or privilege remedy hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or Agent, any Lender or the holder of any Note would otherwise have. No notice to or demand on the Borrower not required hereunder or under any other Loan Document in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent Agent, the Lenders or the Lenders holder of any Note to any other or further action in any circumstances without notice or demand.

Appears in 8 contracts

Samples: Credit Agreement (Gold Kist Inc.), Credit Agreement (Gold Kist Inc), Credit Agreement (Gold Kist Inc)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 8 contracts

Samples: Credit Agreement (DCP Midstream Partners, LP), Credit Agreement (DCP Midstream Partners, LP), Credit Agreement (Spectra Energy Partners, LP)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any rightright or remedy hereunder, power or privilege hereunder or under any other Credit Document and no course of dealing between any Grantor on the Borrower one hand and the Administrative Agent or any Lender holder of any Note on the other hand shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, power right or privilege remedy hereunder or under any other Credit Loan Document preclude any other or further exercise thereof or the exercise of any other right, power right or privilege remedy hereunder or thereunder. The rights and remedies provided herein and in the other Loan Documents are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower Grantors not required hereunder in any case shall entitle the Borrower any Grantor to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 8 contracts

Samples: Security Agreement (OHA Investment Corp), Pledge Agreement (Maximus Inc), Security Agreement (JTH Holding, Inc.)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower or any other Person to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 8 contracts

Samples: Credit Agreement (FS Global Credit Opportunities Fund), Credit Agreement (FS Global Credit Opportunities Fund-D), Credit Agreement (American Capital, LTD)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power (including, without limitation, any power of attorney) or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and Borrower, the Administrative Agent or any Lender shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders any Lender to any other or further action in any circumstances without notice or demand.

Appears in 7 contracts

Samples: Credit Agreement (Baker Hughes Inc), Credit Agreement (Baker Hughes Inc), Credit Agreement (Baker Hughes Inc)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative Agent or any Lender shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 6 contracts

Samples: Credit Agreement (Wisconsin Public Service Corp), Credit Agreement (WPS Resources Corp), Credit Agreement (WPS Resources Corp)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative Agent or any Lender Bank shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender Bank would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders Banks to any other or further action in any circumstances without notice or demand.

Appears in 6 contracts

Samples: Credit Agreement (Amerus Group Co/Ia), Credit Agreement (Amerus Group Co/Ia), Credit Agreement (About, Inc.)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative Agent or any Lender Bank and any of the Credit Parties shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender Bank would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower Credit Parties to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders Banks to any other or further action in any circumstances without notice or demand.

Appears in 6 contracts

Samples: Credit Agreement (Owens & Minor Inc/Va/), Credit Agreement (Owens & Minor Inc/Va/), Credit Agreement (Owens & Minor Inc/Va/)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower Borrowers and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand. Any waiver of any provision of this Credit Agreement or consent to any departure by the Borrowers therefrom shall be effective only in the specific instance and for the purpose for which given.

Appears in 6 contracts

Samples: Term Loan C Agreement (Brandywine Operating Partnership, L.P.), Revolving Credit Agreement (Brandywine Operating Partnership, L.P.), Revolving Credit Agreement (Brandywine Operating Partnership, L.P.)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent Agent, the Fronting Bank or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative Agent Agent, the Fronting Bank or any Lender shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which that the Administrative Agent Agent, the Fronting Bank or any Lender would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent Agent, the Fronting Bank or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 6 contracts

Samples: Credit Agreement (Wisconsin Energy Corp), Credit Agreement (Wisconsin Energy Corp), Credit Agreement (Wisconsin Energy Corp)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower any Credit Party and the Administrative Agent or any Lender Bank shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender Bank would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders Banks to any other or further action in any circumstances without notice or demand.

Appears in 5 contracts

Samples: Credit Agreement (Universal American Financial Corp), Credit Agreement (Superior National Insurance Group Inc), Agreement (Superior National Insurance Group Inc)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower any Loan Party and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower any Loan Party in any case shall entitle the Borrower any Loan Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 5 contracts

Samples: Credit Agreement, Direction and Waiver (InfraREIT, Inc.), Collateral Agency Agreement (InfraREIT, Inc.), Term Loan Credit Agreement (InfraREIT, Inc.)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any of its Subsidiaries and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 5 contracts

Samples: Credit Agreement (Abacoa Homes Inc), Credit Agreement (Pulte Homes Inc/Mi/), Credit Agreement (Pulte Corp)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the any Borrower and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the any Borrower in any case shall entitle the such Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 5 contracts

Samples: Credit Agreement (Endurance Specialty Holdings LTD), Credit Agreement (Endurance Specialty Holdings LTD), Credit Agreement (Safety Components International Inc)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower Borrowers and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower Borrowers in any case shall entitle the Borrower Borrowers to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 4 contracts

Samples: Credit Agreement (PNM Resources Inc), Credit Agreement (PNM Resources Inc), Credit Agreement (PNM Resources Inc)

No Waiver; Remedies Cumulative. No (i) failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no Document, or (ii) course of dealing between the Borrower and the Administrative Agent or any Lender Lender, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights rights, powers and remedies herein or in any other Credit Document expressly provided herein are cumulative and not exclusive of any rights rights, powers or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders Lender to any other or further action in any circumstances without notice or demand.

Appears in 4 contracts

Samples: Loan Agreement (Leitesol Industry & Commerce Inc.), Loan Agreement (Mastellone Brothers Inc), Loan Agreement (Mastellone Brothers Inc)

No Waiver; Remedies Cumulative. No failure or delay on the part of by the Administrative Agent or any Lender in exercising any rightright or remedy hereunder, power or privilege hereunder or under any other Credit Document and no course of dealing between any Grantor on the Borrower one hand and the Administrative Agent or any Lender Secured Creditor on the other hand shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, power right or privilege remedy hereunder or under any other Credit Loan Document preclude any other or further exercise thereof or the exercise of any other right, power right or privilege remedy hereunder or thereunder. The rights and remedies provided herein and in the other Loan Documents are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower any Grantor not required hereunder in any case shall entitle the Borrower any Grantor to any other or further notice or demand in similar or other circumstances or constitute a waiver of the Administrative Agent’s rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 3 contracts

Samples: 4            security Agreement (Fortegra Financial Corp), Revolving Credit Agreement (Fortegra Financial Corp), Security Agreement (Fortegra Financial Corp)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any Subsidiary and the Administrative Agent or any Lender Bank shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender Bank would otherwise have. No notice to or demand on the Borrower or any Subsidiary in any case shall entitle the Borrower or any Subsidiary to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders Banks to any other or further action in any circumstances without notice or demand.

Appears in 3 contracts

Samples: Credit Agreement (Global Marine Inc), Credit Agreement (Global Marine Inc), Credit Agreement (Global Marine Inc)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative Agent or any Lender and the Borrower shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 3 contracts

Samples: Year Revolving Credit Agreement (Nucor Corp), Day Revolving Credit Agreement (Nucor Corp), Day Revolving Credit Agreement (Nucor Corp)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower or any other Person to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 3 contracts

Samples: Credit Agreement (Special Value Continuation Partners, LP), Credit Agreement (Special Value Continuation Partners, LP), Credit Agreement (Tennenbaum Opportunities Partners V, LP)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative an Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Loan Document and no course of dealing between the Borrower Borrowers or any member of the Consolidated Shorewood Group and the Administrative an Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Loan Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent Agents or any Lender would otherwise have. No notice to or demand on the Borrower Borrowers in any case shall entitle the Borrower Borrowers or any member of the Consolidated Shorewood Group to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 3 contracts

Samples: Credit Agreement (Shorewood Packaging Corp), Credit Agreement (Shorewood Packaging Corp), Credit Agreement (Shorewood Packaging Corp)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower Borrowers and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Brandywine Operating Partnership Lp /Pa), Term Loan Agreement (Brandywine Realty Trust), Revolving Credit Agreement (Brandywine Operating Partnership Lp /Pa)

No Waiver; Remedies Cumulative. No failure or delay on the ------------------------------ part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower any Credit Party and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 3 contracts

Samples: Credit Agreement (Unilab Corp /De/), Credit Agreement (MJD Communications Inc), Assignment Agreement (MJD Communications Inc)

No Waiver; Remedies Cumulative. No failure or delay on the part of the either Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between a Borrower or the Borrower Borrowers and the either Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the either Administrative Agent or any Lender would otherwise have. No notice to or demand on the a Borrower in any case shall entitle the Borrower Borrowers to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the either Administrative Agent or the Lenders any Lender to any other or further action in any circumstances without notice or demand.

Appears in 3 contracts

Samples: Credit Agreement (Genlyte Group Inc), Credit Agreement (Genlyte Group Inc), Credit Agreement (Genlyte Group Inc)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative Agent or any Lender shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which that the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders any Lender to any other or further action in any circumstances without notice or demand.

Appears in 3 contracts

Samples: General Revolving Note (Calgon Carbon Corporation), Credit Agreement (Calgon Carbon Corporation), Credit Agreement (Calgon Carbon Corporation)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative Agent or any Lender and any of the Credit Parties shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower Borrowers or any other Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 3 contracts

Samples: Credit Agreement (Highwoods Realty LTD Partnership), Credit Agreement (Highwoods Properties Inc), Credit Agreement (Highwoods Realty LTD Partnership)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the any Co- Borrower and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the any Co-Borrower in any case shall entitle the such Co-Borrower or any other Co-Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 2 contracts

Samples: Credit Agreement (Cedar Fair L P), Credit Agreement (Cedar Fair L P)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power power, or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative Agent or any Lender and any of the Credit Parties shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power power, or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power power, or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower Credit Parties to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 2 contracts

Samples: Credit Agreement (Friedmans Inc), Credit Agreement (Friedmans Inc)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative Agent or any Lender and the Credit Parties shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power power, or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power power, or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which that the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower or any other Credit Party in any case shall entitle the Borrower or such Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 2 contracts

Samples: Credit Agreement (Universal Corp /Va/), Credit Agreement (Universal Corp /Va/)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower Parent or any of its Subsidiaries and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower Parent or any of its Subsidiaries in any case shall entitle the Borrower Parent or any of its Subsidiaries to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 2 contracts

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

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any Credit Party and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 2 contracts

Samples: Credit Agreement (Maxim Group Inc /), Credit Agreement (Maxim Group Inc /)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative Agent or any Lender and any of the Credit Parties shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which that the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower Credit Parties to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Amerigroup Corp), Credit Agreement (Accredo Health Inc)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power right or privilege remedy hereunder or under any other Credit Document Document, and no course of dealing between the Borrower Company and the Administrative Agent or any Lender shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, power right or privilege remedy hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power right or privilege remedy hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower Company not required hereunder or under any other Credit Document in any case shall entitle the Borrower Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 2 contracts

Samples: Credit Facility Agreement (Ironton Iron Inc), Credit Facility Agreement (Intermet Corp)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative Agent or any Lender and any of the Credit Parties shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower or any other Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 2 contracts

Samples: Credit Agreement (Amerisource Distribution Corp), Credit Agreement (Amerisource Distribution Corp)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Loan Document and no course of dealing between the Borrower and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Loan Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 2 contracts

Samples: Credit Agreement (First Union Real Estate Equity & Mortgage Investments), Credit Agreement (First Union Real Estate Equity & Mortgage Investments)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower Holdings or any of its Subsidiaries and the Administrative Agent or any Lender Bank shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender Bank would otherwise have. No notice to or demand on the Borrower Holdings or any of its Subsidiaries in any case shall entitle the Borrower Holdings or any of its Subsidiaries to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders Banks to any other or further action in any circumstances without notice or demand.

Appears in 2 contracts

Samples: Credit Agreement (R&b Falcon Corp), Credit Agreement (R&b Falcon Corp)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any Guarantor and the Administrative Agent or any Lender Bank shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender Bank would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower or any Guarantor to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders Banks to any other or further action in any circumstances without notice or demand.

Appears in 2 contracts

Samples: Credit Agreement (Tultex Corp), Credit Agreement (Owens & Minor Inc/Va/)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Loan Document and no course of dealing between Borrower, the Borrower Company and the Administrative Agent or any Lender shall operate as a waiver thereof; thereof nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Loan Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on Borrower or the Borrower Company or in any case shall entitle Borrower or the Borrower Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders any Lender, to any other or further action in any circumstances without notice or demand.

Appears in 2 contracts

Samples: Credit Agreement (Agree Realty Corp), Line of Credit Agreement (Agree Realty Corp)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower any Credit Party and the Administrative Agent, the Collateral Agent or any Lender Bank shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent, the Collateral Agent or any Lender Bank would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent, the Collateral Agent or the Lenders Banks to any other or further action in any circumstances without notice or demand.

Appears in 2 contracts

Samples: Credit Agreement (Universal American Financial Corp), Credit Agreement (Universal American Financial Corp)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent Lender or holder of any Lender Check in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights rights, powers and remedies herein or in any other Credit Document expressly provided herein are cumulative and not exclusive of any rights rights, powers or remedies which the Administrative Agent Lender or holder of any Lender Check would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent Lender or the Lenders any holder of any Check to any other or further action in any circumstances without notice or demand.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (PCT LLC)

No Waiver; Remedies Cumulative. No failure or delay on the part of any of the Lenders or the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between MJD or the Borrower Borrower, on the one hand, and any of the Lenders or the Administrative Agent or any Lender Agent, on the other, shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, power power, or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunderhereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which any of the Lenders or the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower MJD in any case shall entitle the Borrower MJD to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of any of the Lenders or the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Pledge Agreement (Fairpoint Communications Inc)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Administrate Agent or any Lender in exercising any right, power or privilege hereunder or under un- der any other Credit Loan Document and no course of dealing between or among the Borrower and the Administrative Agent or any Lender shall operate as a waiver thereofof such right, power or privilege; nor shall any single or partial exercise of any right, power or privilege hereunder or hereunder, under any other Credit Document Loan Docu- ment preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided expressly provid- ed herein are cumulative and not exclusive of any rights or remedies which that the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower Bor- rower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders any Lender to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit Agreement

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative any Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative any Agent or any Lender and any of the Credit Parties shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative any Agent or any Lender would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower Borrowers or any other Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent Agents or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit Agreement (Railworks Corp)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower Company and the Administrative Agent or any Lender Bank shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender Bank would otherwise have. No notice to or demand on the Borrower Company in any case shall entitle the Borrower Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders Banks to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit Agreement (Western Empire Publications Inc)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative any Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower any Obligor and the Administrative any Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any other rights or remedies which the Administrative any Agent or any Lender would otherwise have. No notice to or demand on the Borrower any Obligor in any case shall entitle the Borrower any Obligor to any other or further notice or demand in similar or other circumstances or constitute a waiver - 133 - of the rights of the Administrative any Agent or the Lenders any Lender to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit Agreement (Bombardier Recreational Products Inc.)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender Bank in exercising any right, power or privilege hereunder here under or under any other Credit Document and no course of dealing between the Borrower Company and the Administrative Agent or any Lender Bank shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender Bank would otherwise have. No notice to or demand on the Borrower Company in any case shall entitle the Borrower Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders Banks to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit Agreement (Vegeterian Times Inc)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Loan Document and no course of dealing between the Borrower or the Pledgor and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Loan Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower or the Pledgor to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Loan Agreement (Itc Deltacom Inc)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative an Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower Borrowers or any Credit Party and the Administrative Agent Agents or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent Agents or any Lender would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent Agents or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit Agreement (Gerber Childrenswear Inc)

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No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower Credit Parties and the Administrative Agent or any Lender shall operate as a waiver thereof; thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Term Loan Agreement

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower Borrowers or any Credit Party and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies 66 provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit Agreement (Deltic Timber Corp)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Parent Borrower and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Parent Borrower in any case shall entitle the Parent Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Term Loan Agreement (Endurance Specialty Holdings LTD)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower Borrowers and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the any Borrower in any case shall entitle the any Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit Agreement (Stoneridge Inc)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights rights, powers and remedies herein or in any other Credit Document expressly provided herein are cumulative and not exclusive of any rights rights, powers or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders any Lender to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit Agreement (Toys R Us Inc)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower any Credit Party and the Administrative Agent or any Lender shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Presstek Inc /De/

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative an Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any Credit Party and the Administrative Agent Agents or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent Agents or any Lender would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a 105 waiver of the rights of the Administrative Agent Agents or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit Agreement (Ivex Packaging Corp /De/)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower any Credit Party and the Administrative Agent or any Lender shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders any Lender to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit Agreement (Owens Corning)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative Agent or any Lender and any of the Credit Parties shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower Credit Parties to any other or further notice or demand in similar 109 or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit Agreement (Amn Healthcare Services Inc)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any the Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative Agent or any the Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any the Lender would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower or any other Person to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders Lender to any other or further action in any circumstances without notice or demand. Section 9.6.

Appears in 1 contract

Samples: Credit Agreement (Apollo Senior Floating Rate Fund Inc.)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative any Agent or any Lender in exercising any right, power power, or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative any Agent or any Lender and any of the Credit Parties shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power power, or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power power, or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative any Agent or any Lender would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower Credit Parties to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent Agents or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit Agreement (Friedmans Inc)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative Agent or any Lender and any of the Credit Parties shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower Credit Parties to any other or further notice or demand in similar or other circumstances (except as specifically required by the Credit Documents), or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit Agreement (Nordstrom Inc)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders any Lender to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit Agreement (Lesco Inc/Oh)

No Waiver; Remedies Cumulative. No failure or delay on the ------------------------------ part of the Administrative Agent or any Lender Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative Agent or any Lender Bank shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender Bank would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders Banks to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit Agreement (Red Lion Hotels Inc)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative Agent or any Lender and Alchem and any of the Credit Parties shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower Alchem or any Credit Party in any case shall entitle the Borrower Alchem or any other Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit Agreement (Delta Woodside Industries Inc /Sc/)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower any Credit Party and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower any Credit Party to any other or further notice or demand in similar or other circumstances 121 or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit Agreement (Fairpoint Communications Inc)

No Waiver; Remedies Cumulative. No failure or delay on ------------------------------ the part of the Administrative an Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative Agent Agents or any Lender and any of the Credit Parties shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent Agents or any Lender would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower Credit Parties to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent Agents or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit Agreement (American Seafoods Inc)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower any Credit Party and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.. LEGAL02/38433738v11

Appears in 1 contract

Samples: Credit Agreement (Air Transport Services Group, Inc.)

No Waiver; Remedies Cumulative. No failure or delay on the part of any of the Investors or the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower Company, on the one hand, and any of the Investors or the Administrative Agent or any Lender Agent, on the other, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power power, or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunderhereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which any of the Investors or the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower Company in any case shall entitle the Borrower Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of any of the Investors or the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Preferred Stock Issuance and Restructuring Agreement (Telespectrum Worldwide Inc)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any . No single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights rights, powers and remedies herein or in any other Credit Document expressly provided herein are cumulative and not exclusive of any rights rights, powers or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders any Lender to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Dynegy Inc.)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative any Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower any Credit Party and the Administrative Agent, the Collateral Agent or any Lender shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent, the Collateral Agent or any Lender would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent Agent, the Collateral Agent, or the Lenders any Lender to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit Agreement (Davis-Standard CORP)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower Borrowers and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder 103 or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower Borrowers in any case shall entitle the Borrower Borrowers to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Five Year Credit Agreement (Jp Foodservice Inc)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document Financing Agreement and no course of dealing between the Borrower any Credit Party and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document Financing Agreement preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit Agreement (Qualcomm Inc/De)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any Credit Party and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower or any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit Agreement (Ivex Packaging Corp /De/)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative an Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower Parent or any of its Subsidiaries and the Administrative Agent Agents or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent Agents or any Lender would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent Agents or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit Agreement (Wesco International Inc)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative Agent or any Lender and any of the Credit Parties shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided 119 herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower Credit Parties to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit Agreement (Amn Healthcare Services Inc)

No Waiver; Remedies Cumulative. No failure or delay on the ------------------------------ part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower any Credit Party and the Administrative Agent or any Lender shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit Agreement (Geo Specialty Chemicals Inc)

No Waiver; Remedies Cumulative. 106 No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative Agent or any Lender and any of the Credit Parties shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower Credit Parties to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit Agreement (Cree, Inc.)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any other Credit Party and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Bridge Credit Agreement (Orthodontic Centers of America Inc /De/)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower any Credit Party and the any Administrative Agent or any Lender Bank shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power power, or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the any Administrative Agent or any Lender Bank would otherwise have. No notice to or demand on the Borrower any Credit Party in any case shall entitle the Borrower any Credit Party to any other or further notice or demand in similar or other circumstances circum- stances or constitute a waiver of the rights of the any Administrative Agent or the Lenders Banks to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit Agreement (Color Spot Nurseries Inc)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower Company or any other Credit Party and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower Company or any other Credit Party in any case shall entitle the Borrower Company or any other Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Alternative Living Services Inc

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative Agent or any Lender and the Credit Parties shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which that the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower or any other Credit Party in any case shall entitle the Borrower or such Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Universal Corp /Va/)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower any Credit Party and the Administrative Agent or any Lender Bank shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender Bank would otherwise have. No notice to or demand on the Borrower or the Account Party in any case shall entitle the Borrower such Person to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders Banks to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit Agreement (Trenwick Group LTD)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between a Borrower or the Borrower Borrowers and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the a Borrower in any case shall entitle the Borrower Borrowers to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders any Lender to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit Agreement (Brush Engineered Materials Inc)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders any Lender to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Bridge Credit Agreement (Southern Co)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights rights, powers and remedies herein or in any other Credit Document expressly provided herein are cumulative and not exclusive of any rights rights, powers or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders any Lender to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Grana & Montero S.A.A.)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative an Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Transaction Document and no course of dealing between the Borrower and the Administrative any Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Transaction Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which the Administrative any Agent or any Lender would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower or any other Person to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent Agents or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit Agreement (Lument Finance Trust, Inc.)

No Waiver; Remedies Cumulative. No failure or delay on the part of any of the Lenders or the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between Parent or the Borrower Borrower, on the one hand, and any of the Lenders or the Administrative Agent or any Lender Agent, on the other, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power power, or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunderhereunder. The rights and remedies herein expressly provided herein are cumulative and not exclusive of any rights or remedies which any of the Lenders or the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower Parent in any case shall entitle the Borrower Parent to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of any of the Lenders or the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Preferred Stock Issuance and Capital Contribution Agreement (Fairpoint Communications Inc)

No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower Credit Parties and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Term Loan Agreement (Dominion Midstream Partners, LP)

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