No Waiver; Remedies. No failure on the part of any Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 11 contracts
Samples: Credit Agreement (Donnelley R R & Sons Co), Credit Agreement (RR Donnelley & Sons Co), Exhibit 4 (Donnelley R R & Sons Co)
No Waiver; Remedies. No failure on the part of any Bank Bank, the Agent, or the Administrative Agent Issuing Bank to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 11 contracts
Samples: Credit Agreement (Stone Energy Corp), Credit Agreement (Stone Energy Corp), Credit Agreement (Stone Energy Corp)
No Waiver; Remedies. No failure on the part of any Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any , and no single or partial exercise of any such right shall preclude any other or further exercise thereof or the exercise of any other right. The remedies provided herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 10 contracts
Samples: And Reimbursement Agreement (Eme Homer City Generation Lp), And Reimbursement Agreement (Eme Homer City Generation Lp), Credit and Reimbursement Agreement (Indiantown Cogeneration Lp)
No Waiver; Remedies. No failure on the part of any the Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 10 contracts
Samples: Reimbursement Agreement, Facility Agreement (ACE LTD), Letter of Credit Facility Agreement (Sunpower Corp)
No Waiver; Remedies. No failure on the part of any Bank or the Administrative any Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 9 contracts
Samples: Reimbursement Agreement (Ace LTD), Reimbursement Agreement (Ace LTD), Reimbursement Agreement (Ace LTD)
No Waiver; Remedies. No Except as to applicable statutes of limitation or repose, no failure on the part of any Bank or the Administrative Agent Creditor to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 7 contracts
Samples: Guaranty (Kansas City Power & Light Co), Guaranty (Kansas City Power & Light Co), Guaranty (Kansas City Power & Light Co)
No Waiver; Remedies. No failure on the part of any Bank or Lender, the Administrative Agent Agent, or any Issuing Lender to exercise, and no delay in exercising, any right hereunder or under any Note other Credit Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided in this Agreement and the other Credit Documents are cumulative and not exclusive of any remedies provided by law.
Appears in 7 contracts
Samples: Assignment and Assumption (National Oilwell Varco Inc), Credit Agreement (National Oilwell Varco Inc), Year Credit Agreement (NOV Inc.)
No Waiver; Remedies. No failure on the part of any Bank (including the Issuing Bank) or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any , and no single or partial exercise of any such right shall preclude any other or further exercise thereof or the exercise of any other right. The remedies provided herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 6 contracts
Samples: Credit and Reimbursement Agreement (Tenaska Georgia Partners Lp), Credit and Reimbursement Agreement (Aes Red Oak LLC), Credit and Reimbursement Agreement (Aes Ironwood LLC)
No Waiver; Remedies. No failure on the part of any Bank or Bank, the Administrative Agent Agent, or any Issuing Bank to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided in this Agreement and the other Credit Documents are cumulative and not exclusive of any remedies provided by law.
Appears in 5 contracts
Samples: Senior Unsecured Credit Agreement (Lasalle Hotel Properties), Senior Unsecured Credit Agreement (Lasalle Hotel Properties), Senior Credit Agreement (Eagle Hospitality Properties Trust, Inc.)
No Waiver; Remedies. No Except as otherwise specified herein, no failure on the part of any Bank or the Administrative Agent Secured Creditor to exercise, exercise and no delay in exercising, any right or remedy hereunder or under any Note shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 5 contracts
Samples: Subordination Agreement (Acura Pharmaceuticals, Inc), Subordination Agreement (Acura Pharmaceuticals, Inc), Subordination Agreement (Acura Pharmaceuticals, Inc)
No Waiver; Remedies. No failure on the part of any the Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; thereof nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 5 contracts
Samples: Security Agreement (Torch Offshore Inc), Reimbursement and Security Agreement (Tj International Inc), Reimbursement and Security Agreement (Sleepmaster LLC)
No Waiver; Remedies. No failure on the part of any the Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 4 contracts
Samples: Guarantee Agreement (Nationwide Financial Services Inc/), Credit Agreement (Fm Properties Inc), Reimbursement Agreement (RTW Inc /Mn/)
No Waiver; Remedies. No failure on the part of any Bank Borrower, any Lender, any Issuing Lender or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 4 contracts
Samples: Credit Agreement (PPG Industries Inc), Credit Agreement (PPG Industries Inc), Five Year Credit Agreement (PPG Industries Inc)
No Waiver; Remedies. No failure on the part of the Borrower, any Bank Lender or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 4 contracts
Samples: Term Loan Credit Agreement (PPG Industries Inc), Term Loan Credit Agreement (PPG Industries Inc), Term Loan Credit Agreement (PPG Industries Inc)
No Waiver; Remedies. No failure on the part of any Bank or any Issuing Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 4 contracts
Samples: Multicurrency Credit Agreement (Ecolab Inc), Multicurrency Credit Agreement (Ecolab Inc.), Multicurrency Credit Agreement (Ecolab Inc.)
No Waiver; Remedies. No failure on the part of any Lender, any Issuing Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 4 contracts
Samples: Credit Agreement (Marriott International Inc /Md/), Credit Agreement (Marriott International Inc /Md/), Credit Agreement (Marriott International Inc /Md/)
No Waiver; Remedies. No failure on the part of any Lender, any Agent, or any Issuing Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided in this Agreement and the other Credit Documents are cumulative and not exclusive of any remedies provided by law.
Appears in 4 contracts
Samples: Senior Secured Credit Agreement (Interstate Hotels & Resorts Inc), Secured Credit Agreement (Interstate Hotels & Resorts Inc), Senior Secured Credit Agreement (Meristar Hospitality Corp)
No Waiver; Remedies. No failure on the part of any the Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any the Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 4 contracts
Samples: Credit Agreement (Flotek Industries Inc/Cn/), Term Note (Legg Mason Inc), Credit Agreement (Valhi Inc /De/)
No Waiver; Remedies. No failure on the part of any Lender, the LC Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 4 contracts
Samples: Credit Agreement (Integrated Health Services Inc), Revolving Credit Agreement (Integrated Health Services Inc), Revolving Credit Agreement (Integrated Health Services Inc)
No Waiver; Remedies. No failure on the part of any Lender, the Issuing Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or hereunder, under any Note or any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 4 contracts
Samples: Credit Agreement (Rayonier Inc), Credit Agreement (Rayonier Inc), Credit Agreement (Rayonier Inc)
No Waiver; Remedies. No failure on the part of any the Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note the Notes shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 3 contracts
Samples: Credit Agreement (Flotek Industries Inc/Cn/), Credit Agreement (Flotek Industries Inc/Cn/), Credit Agreement (Flotek Industries Inc/Cn/)
No Waiver; Remedies. No failure on the part of any Bank or the Administrative Agent Financial Institution to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 3 contracts
Samples: Credit Agreement (Williams Companies Inc), Guaranty (Williams Companies Inc), Williams Companies Inc
No Waiver; Remedies. No failure on the part of any Bank, any Issuing Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note Loan Document shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Phycor Inc/Tn), Revolving Credit Agreement (Phycor Inc /Tn/), Revolving Credit Agreement (Phycor Inc /Tn/)
No Waiver; Remedies. No failure on the part of any Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 3 contracts
Samples: Credit Agreement (Microdyne Corp), Credit Agreement (Phycor Inc/Tn), Credit Agreement (First Investors Financial Services Group Inc)
No Waiver; Remedies. No failure on the part of any the Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Loan Agreement (Autocam Corp/Mi), Reimbursement Agreement (Pfsweb Inc)
No Waiver; Remedies. No failure on the part of any Bank or ------------------- the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Day Credit Agreement (Donnelley R R & Sons Co), Day Credit Agreement (Donnelley R R & Sons Co)
No Waiver; Remedies. No failure on the part of any Bank or the Administrative Agent to exercise, and no delay in exercising, exercising any right hereunder or under any Note shall operate as a waiver thereof; thereof nor shall any single or partial exercise by Bank of any such right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other rightright or remedy. The rights and remedies herein provided are cumulative and not exclusive of any other remedies provided hereunder or by any other instrument or document or under applicable law.
Appears in 2 contracts
Samples: Pledge and Assignment of Bank and Deposit Accounts (CNL Strategic Capital, LLC), Loan and Security Agreement (CNL Strategic Capital, LLC)
No Waiver; Remedies. No failure on the part of any Bank or the Administrative Agent, Euro-Agent or any Local Currency Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Multicurrency Credit Agreement (Ecolab Inc), Multicurrency Credit Agreement (Ecolab Inc)
No Waiver; Remedies. No failure on the part of any the Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
No Waiver; Remedies. No failure on the part of the Agent or any Bank or the Administrative Agent Letter of Credit Bank to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Credit Agreement (Om Group Inc), Credit Agreement (Om Group Inc)
No Waiver; Remedies. No failure on the part of any Lender, the Issuing Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Credit Agreement (Progress Energy Inc), Credit Agreement (Progress Energy Inc)
No Waiver; Remedies. No failure on the part of any Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided in this Agreement and the other Credit Documents are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Senior Unsecured Term Loan Agreement (LaSalle Hotel Properties), Senior Unsecured Term Loan Agreement (LaSalle Hotel Properties)
No Waiver; Remedies. No failure on the part of any Bank, any LC Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Credit Agreement (Uil Holdings Corp), Credit Agreement (Uil Holdings Corp)
No Waiver; Remedies. No In addition to, and not in limitation of, and other provision hereof, no failure on the part of any the Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Warnaco Group Inc /De/, Warnaco Group Inc /De/
No Waiver; Remedies. No failure on the part of any Bank or any Issuing Bank or the Administrative Agent, Euro-Agent or any Local Currency Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Multicurrency Credit Agreement (Ecolab Inc), Multicurrency Credit Agreement (Ecolab Inc)
No Waiver; Remedies. No failure on the part of any the Bank or the Administrative Agent to ------------------- exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Loan Agreement (Tarrant Apparel Group), Loan Agreement (Pj America Inc)
No Waiver; Remedies. No failure on the part of any Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note or this Agreement shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided in any Note and this Agreement are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Credit Agreement (Williams Companies Inc), Credit Agreement (Williams Holdings of Delaware Inc)
No Waiver; Remedies. No failure on the part of any Bank, any ------------------- Agent, or any Issuing Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided in this Agreement and the other Credit Documents are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Credit Agreement (American General Hospitality Corp), Management Agreement (American General Hospitality Corp)
No Waiver; Remedies. No failure on the part of any Bank or ------------------- the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Credit Agreement (Hancock John Financial Services Inc), Credit Agreement (Hancock John Financial Services Inc)
No Waiver; Remedies. No failure on the part of any Bank or the Administrative Agent to ------------------- exercise, and no delay in exercising, any right hereunder or under any Note the Borrower Notes shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder or under the Borrower Notes preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Credit Agreement (Alpha Industries Inc), Credit Agreement (Alpha Industries Inc)
No Waiver; Remedies. No failure on the part of any Bank Bank, the Administrative Agent, or the Administrative Agent Issuing Bank to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided in this Agreement and the other Credit Documents are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any Bank or the Administrative Agent or any Bank Purchaser to exercise, and no delay in exercising, any right hereunder or under any Note Sale Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any the Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; thereof nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any the Bank or the Administrative Agent Commission to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Credit and Reimbursement Agreement
No Waiver; Remedies. No failure on the part of any Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided in this Agreement are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Credit Agreement (Semco Energy Inc)
No Waiver; Remedies. No failure on the part of any Bank or the Administrative Agent Banks to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor , or shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.law.β
Appears in 1 contract
Samples: Credit Agreement
No Waiver; Remedies. No failure on the part of any Bank or the Administrative Agent Banks to exercise, ------------------ and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; thereof nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Revolving Credit Agreement (Halter Marine Group Inc)
No Waiver; Remedies. No failure on the part of any Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note or other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: New England Power Co
No Waiver; Remedies. No failure on the part of any the Bank or the Administrative Agent Borrower to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any the Bank or the Administrative Agent Borrower to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any , and no single or partial exercise of any such right hereunder shall preclude any other or further exercise thereof or the exercise of any other rightrights. The remedies provided herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Term Loan Agreement (California Steel Industries Inc)
No Waiver; Remedies. No failure on the part of any the Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder right, power or under any Note remedy hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any such right right, power or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any the Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; , unless as permitted under Section 7.03 hereof, nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any the Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder hereunder, under the Notes or under any Note of the other Loan Documents shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right hereunder, under the Notes or under any of the other Loan Documents preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any the New Issuing Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note the Credit Agreement shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder or thereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein and therein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any the Bank or the Administrative Agent Agency to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Credit and Reimbursement Agreement
No Waiver; Remedies. No failure on the part of any Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided in this Agreement and the other Credit Documents are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note or any other Credit Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Credit Agreement (Mesa Inc)
No Waiver; Remedies. No failure on the part of any the Bank or the Administrative Agent ------------------- Borrower to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Credit Agreement (Yuasa Inc)
No Waiver; Remedies. No failure on the part of any Bank Bank, the Arrangers or the Administrative any Facility Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Credit Agreement (Blockbuster Inc)
No Waiver; Remedies. No failure on the part of the Agent, the Issuing Bank or any Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note other Credit Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any the Bank or the Administrative Agent to ------------------- exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Guaranty (Overseas Partners LTD)
No Waiver; Remedies. No failure on the part of any Bank or any Issuing Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.. β
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any Lender, any Issuing Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Year Credit Agreement (Mirant Corp)
No Waiver; Remedies. No failure on the part of any Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Letter of Credit and Reimbursement Agreement (Commonwealth Edison Co)
No Waiver; Remedies. No failure on the part of any Bank, any Issuing Bank, any Issuing Bank Agent, the Agent or the Administrative Euro-Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any Bank New Money Lender or the Administrative New Money Lender Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any Bank or the Administrative Agent or Euro-Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any Bank Bank, the Agent or the Administrative Working Capital Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Credit Agreement (Alpharma Inc)
No Waiver; Remedies. No failure on the part of any Bank or the Administrative any Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: General Public Utilities Corp /Pa/
No Waiver; Remedies. No failure on the part of any Bank Bank, the Administrative Agent, or the Administrative Agent Issuing Banks to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided in this Agreement are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any Bank, the Swingline Bank, any Issuing Bank or the Administrative any Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Credit Agreement (ACE LTD)
No Waiver; Remedies. No failure on the part of any the Bank or the Administrative Agent to ------------------- exercise, and no delay in exercising, any right hereunder or under any Note the Notes shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder or under the Notes preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any the Bank or the Administrative Agent to exercise, exercise and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any , and no single or partial exercise of any such right shall preclude any other or further exercise thereof or the exercise of any other right. The remedies provided herein provided are cumulative and not exclusive of any remedies provided by law.. Section 9.4
Appears in 1 contract
Samples: Revolving Credit and Letter of Credit Agreement (Wainoco Oil Corp)
No Waiver; Remedies. No failure on the part of any the Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder or under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any Bank Bank, the Managing Agents or the Administrative any Facility Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Credit Agreement (Viacom Inc)
No Waiver; Remedies. No failure on the part of any Bank ------------------- or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any the Bank or the Administrative Agent to exercise, and no delay in exercising, exercising any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any the Bank or the Administrative Agent to exercise, ------------------- and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Loan Agreement (Pj Acquisition Corp)
No Waiver; Remedies. No failure on the part of the Administrative Agent, any Bank or the Administrative Agent Issuing Bank to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any the Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawLaw.
Appears in 1 contract
Samples: Letter of Credit Facility Agreement (Sunpower Corp)
No Waiver; Remedies. No failure on the part of any Bank or the either ------------------- Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Credit Agreement (Wiser Oil Co)
No Waiver; Remedies. No failure on the part of any the Bank or the Administrative Agent to -- ------- --------- exercise, and no delay in exercising, any right hereunder or under any the Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder or under the Note preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.. 10.5
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any Bank or the Administrative Agent Financial Institution to exercise, and no delay in exercising, any right or remedy hereunder or under any Note shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other rightright or remedy. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.
Appears in 1 contract
Samples: Credit Agreement (Bj Services Co)
No Waiver; Remedies. No failure on the part of any Lender, Issuing Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Credit Agreement (Mirant Corp)
No Waiver; Remedies. No failure on the part of any Bank or the Administrative Agent ------------------- to exercise, and no delay in exercising, any right hereunder or under any Note Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Credit Agreement (Loehmanns Inc)
No Waiver; Remedies. No failure on the part of any the Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any Bank or the either Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any Bank or the Administrative any ------------------- Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Reimbursement Agreement (Ace LTD)
No Waiver; Remedies. No failure on the part of any Bank the Purchaser, the Financial Services Agent or the Administrative Agent Seller to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall will any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The Except as otherwise provided, the remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Master Receivables Purchase Agreement (Chrysler Financial Corp)
No Waiver; Remedies. No failure on the part of any the Bank or the Administrative Agent Guarantor to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Natco Group Inc
No Waiver; Remedies. No failure on the part of any the Bank or the Administrative Agent to ------------------- exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any Bank the Agent or ------------------- the Administrative Agent Banks to exercise, and no delay in exercising, any right hereunder or under any Note the Notes shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Credit Agreement (Washington Real Estate Investment Trust)
No Waiver; Remedies. No failure on the part of any the Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder or under any Note preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Term Loan and Guaranty Agreement (American Electric Power Company Inc)
No Waiver; Remedies. No failure on the part of any Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any Bank, the Issuing Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Multicurrency Revolving Credit Agreement (Inmac Corp)
No Waiver; Remedies. No failure on the part of any the Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right hereunder preclude any the other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Guaranty Agreement (Sysco Corp)