No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 15 contracts
Sources: Purchase and Contribution Agreement (Bluegreen Vacations Holding Corp), Purchase and Contribution Agreement (Bluegreen Vacations Holding Corp), Purchase and Contribution Agreement (Bluegreen Vacations Holding Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Agent or any assignee thereof Bank to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 13 contracts
Sources: Affiliate Guaranty (Lancer Corp /Tx/), Credit Agreement (Precision Response Corp), 364 Day Credit Agreement (Fina Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Buyer to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 12 contracts
Sources: Master Repurchase Agreement (PennyMac Financial Services, Inc.), Purchase and Contribution Agreement (HPSC Inc), Receivables Purchase Agreement (Arcadia Financial LTD)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Purchaser to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 11 contracts
Sources: Receivables Loan Agreement, Sale and Contribution Agreement, Custody Agreement (Hilton Grand Vacations Inc.), Purchase and Contribution Agreement (Tampa Electric Co), Purchase and Contribution Agreement (Teco Energy Inc)
No Waiver; Remedies. No failure on the part of any Bank or the Seller, the Depositor or any assignee thereof Agent to exercise, and no delay in exercising, any right hereunder 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 right. The remedies provided herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 11 contracts
Sources: Debt Service Reserve Letter of Credit and Reimbursement Agreement (Eme Homer City Generation Lp), Debt Service Reserve Letter of Credit and Reimbursement Agreement (Eme Homer City Generation Lp), Debt Service Reserve Letter of Credit and Reimbursement Agreement (Edison Mission Energy)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Beneficiary to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 11 contracts
Sources: Term Loan Agreement (Public Service Co of New Mexico), Guaranty Agreement (Public Service Co of New Mexico), Credit Agreement (FirstEnergy Solutions Corp.)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Issuer or any assignee thereof to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 11 contracts
Sources: Sale Agreement, Sale Agreement, Sale Agreement (Diamond Resorts International, Inc.)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Purchaser to exercise, and no delay in exercising, any right hereunder or under any Sale Document shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 9 contracts
Sources: Receivables Sale Agreement (Chrysler Financial Corp), Receivables Sale Agreement (Chrysler Financial Corp), Receivables Sale Agreement (Chrysler Financial Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Trust to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 9 contracts
Sources: Receivables Purchase Agreement (KAR Auction Services, Inc.), Receivables Purchase Agreement (KAR Auction Services, Inc.), Receivables Purchase Agreement (KAR Auction Services, Inc.)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Company to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 8 contracts
Sources: Receivables Purchase and Contribution Agreement, Guaranty, Omnibus Amendment (Community Health Systems Inc)
No Waiver; Remedies. No failure on the part of the SellerIssuer, the Depositor Securitization Indenture Trustee or any assignee thereof to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 7 contracts
Sources: Transfer Agreement (Silverleaf Resorts Inc), Transfer Agreement (Silverleaf Resorts Inc), Transfer Agreement (Silverleaf Resorts Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor a Deal Agent or any assignee thereof a Purchaser to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 7 contracts
Sources: Note Purchase Agreement (TAL International Group, Inc.), Note Purchase Agreement (TAL International Group, Inc.), Note Purchase Agreement (TAL International Group, Inc.)
No Waiver; Remedies. No failure on the part of any of the Seller, the Depositor or any assignee thereof Lenders to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law, the Credit Agreement or any other agreement relating to the Obligations.
Appears in 6 contracts
Sources: Credit Agreement (Topps Co Inc), Credit Agreement (Topps Co Inc), Credit Agreement (Topps Co Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Buyer to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 6 contracts
Sources: Receivables Sale Agreement, Omnibus Amendment (Community Health Systems Inc), Omnibus Amendment (Community Health Systems Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Beneficiary to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 6 contracts
Sources: Margin Loan Agreement (Cannae Holdings, Inc.), Margin Loan Agreement (Cannae Holdings, Inc.), Guaranty (Cannae Holdings, Inc.)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Holder to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 5 contracts
Sources: Assumption and Amendment Agreement (Weyerhaeuser Co), Promissory Note (Prestolite Electric Inc), Promissory Note (Prestolite Electric Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Lender to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 5 contracts
Sources: Credit Agreement (Littelfuse Inc /De), Credit Agreement (Littelfuse Inc /De), Loan Agreement (Littelfuse Inc /De)
No Waiver; Remedies. No failure on the part of the SellerPurchaser, the Depositor Securitization Indenture Trustee or any assignee thereof to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 5 contracts
Sources: Loan Sale Agreement (Silverleaf Resorts Inc), Loan Sale Agreement (Silverleaf Resorts Inc), Loan Sale Agreement (Silverleaf Resorts Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof ROS to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any 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 other remedies provided by lawLaw.
Appears in 5 contracts
Sources: Royalty Agreement (Natera, Inc.), Royalty Agreement (Natera, Inc.), Credit Agreement (Natera, Inc.)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 4 contracts
Sources: Purchase Agreement (Diamond Resorts Corp), Purchase Agreement (Diamond Resorts International, Inc.), Purchase Agreement (Diamond Resorts Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Lender to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any and no single or partial exercise of any right hereunder 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 other remedies provided by law.
Appears in 4 contracts
Sources: Subsidiary Guarantee (Physicians Formula Holdings, Inc.), Pledgor Guarantee (Physicians Formula Holdings, Inc.), Pledge Agreement (Physicians Formula Holdings, Inc.)
No Waiver; Remedies. No failure on the part of the SellerDepositor, the Depositor Issuer or any assignee thereof to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 4 contracts
Sources: Sale Agreement (Diamond Resorts Corp), Sale Agreement (Diamond Resorts International, Inc.), Sale Agreement (Diamond Resorts Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Holder to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 4 contracts
Sources: Guaranty (Mediabay Inc), Guaranty (Mediabay Inc), Subsidiary Guaranty (Audio Book Club Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Buyer or any assignee thereof Lessee to exercise, and no delay in exercising, any right right, power or remedy hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right right, power or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The rights and remedies herein provided are cumulative and not exclusive of any other rights or remedies provided by lawLaw.
Appears in 4 contracts
Sources: Second Step Transfer Agreement (SPRINT Corp), Second Step Transfer Agreement (SPRINT Corp), Second Step Transfer Agreement (Tranche 2) (SPRINT Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Deal Agent or any assignee thereof a Purchaser to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 4 contracts
Sources: Receivables Purchase Agreement (Bankvest Capital Corp), Note Purchase Agreement (American Finance Group Inc /De/), Note Purchase Agreement (Willis Lease Finance Corp)
No Waiver; Remedies. No In addition to, and not in limitation of Section 2.7, no failure on the part of the Seller, the Depositor or any assignee thereof Lender to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 3 contracts
Sources: Security Agreement (Epl Oil & Gas, Inc.), Security Agreement (Energy XXI LTD), Security Agreement (Great Lakes Aviation LTD)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Agent or any assignee thereof Owner to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 3 contracts
Sources: Receivables Purchase and Sale Agreement (North Atlantic Energy Corp /Nh), Receivables Purchase Agreement (Northeast Utilities System), Receivables Purchase Agreement (North Atlantic Energy Corp /Nh)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Lender to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by lawlaw or equity.
Appears in 3 contracts
Sources: Loan and Security Agreement (Ixc Communications Inc), Subsidiary Guaranty (Futurelink Corp), Unconditional Limited Guaranty Agreement (GST Telecommunications Inc)
No Waiver; Remedies. No In addition to, and not in limitation of, Section 2.3 and Section 2.5, no failure on the part of the Seller, the Depositor or any assignee thereof Lender to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 3 contracts
Sources: Intercreditor Agreement (Epl Oil & Gas, Inc.), Intercreditor Agreement (Energy XXI LTD), Parent Guaranty (Vista Gold Corp)
No Waiver; Remedies. No failure on the part of the Seller, Deal Agent or the Depositor or any assignee thereof Purchaser to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 3 contracts
Sources: Receivables Purchase Agreement (Outsource International Inc), Receivables Purchase Agreement (Synthetic Industries Inc), Receivables Purchase Agreement (Superior National Insurance Group Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Lender to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies remedy provided by law.
Appears in 3 contracts
Sources: Term Loan Agreement (MTR Gaming Group Inc), Term Loan Agreement (MTR Gaming Group Inc), Term Loan Agreement (Diversified Food Group Inc)
No Waiver; Remedies. No failure on the part of any Bank or ------------------- the Seller, the Depositor or any assignee thereof Agent to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 2 contracts
Sources: Credit Agreement (Hancock John Financial Services Inc), Credit Agreement (Hancock John Financial Services Inc)
No Waiver; Remedies. No failure on the part of the Seller, Bank or the Depositor or any assignee thereof Company to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 2 contracts
Sources: Reimbursement Agreement (Burlington Coat Factory Warehouse Corp), Reimbursement Agreement (Sifco Industries Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Lender to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any and no single or partial exercise of any 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 other remedies provided by law.
Appears in 2 contracts
Sources: Loan Agreement (Baidu, Inc.), Loan Agreement (Baidu, Inc.)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Weyerhaeuser to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 2 contracts
Sources: Assignment and Assumption Agreement (Weyerhaeuser Co), Assumption Agreement (Weyerhaeuser Co)
No Waiver; Remedies. No In addition to, and not in limitation of, Section 2,3 and Section 2,5, no failure on the part of the Seller, the Depositor or any assignee thereof Lender to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 2 contracts
Sources: Credit Agreement (TransMedics Group, Inc.), Credit Agreement (TransMedics Group, Inc.)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Holder to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The To the extent permitted by applicable law, the remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 2 contracts
Sources: Loan Agreement (Mills Corp), Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing (Mills Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or by any assignee thereof Person to exercise, and no delay in exercising, any right or remedy hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other rights and remedies provided by law.
Appears in 2 contracts
Sources: Note Purchase Agreement (NewStar Financial, Inc.), Note Purchase Agreement (NewStar Financial, Inc.)
No Waiver; Remedies. No failure on the part of either of the Seller, the Depositor or any assignee thereof Creditors to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law, except to the extent such remedies provided by law are modified by the terms hereof.
Appears in 2 contracts
Sources: Intercreditor and Lien Subordination Agreement (Colonial Commercial Corp), Intercreditor and Lien Subordination Agreement (Colonial Commercial Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Buyer or any assignee thereof to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 2 contracts
Sources: Loan Sale and Servicing Agreement (Diamond Resorts Parent, LLC), Loan Sale and Servicing Agreement (Diamond Resorts Parent, LLC)
No Waiver; Remedies. No failure on N▇ ▇▇▇▇▇▇▇ ▇▇ the part of the Seller, the Depositor or any assignee thereof to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 2 contracts
Sources: Purchase and Contribution Agreement (Bluegreen Corp), Purchase and Contribution Agreement (Bluegreen Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Seller to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Blackwater Midstream Corp.), Guaranty (Blackwater Midstream Corp.)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Canadian Guarantor or any assignee thereof Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by lawApplicable Law.
Appears in 2 contracts
Sources: Performance Guaranty (NCR Atleos Corp), Performance Guaranty (NCR Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Beneficiary to ------------------- exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any and no single or partial exercise of any right hereunder 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 other remedies provided by law.
Appears in 2 contracts
Sources: Guaranty (Gentle Dental Service Corp), Guaranty (Gentle Dental Service Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Lender to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies Each remedy herein provided are is cumulative and is not exclusive of any other remedies remedy provided herein or by law.
Appears in 2 contracts
Sources: Loan and Security Agreement (Overseas Shipholding Group Inc), Loan Agreement (Overseas Shipholding Group Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Holder to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right hereunder preclude any other or further future exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 2 contracts
Sources: Secured Promissory Note (Amerex Group, Inc.), Senior Secured Convertible Promissory Note (Cal-Bay International Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Lenders to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 2 contracts
Sources: Guaranty Agreement (Evergreen Sustainable Enterprises, Inc.), Payment Guaranty
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Creditor to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 2 contracts
Sources: Promissory Note (Durango Corp), Unsubordinated Promissory Note (Durango Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Payee to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 2 contracts
Sources: Redemption Agreement (Fidelity Holdings Inc), Redemption Agreement (Fidelity Holdings Inc)
No Waiver; Remedies. No failure on the part of the SellerIssuer, the Depositor Indenture Trustee or any assignee thereof Noteholder to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, thereof (unless waived in writing); nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 2 contracts
Sources: Indenture (Uici), Indenture (Uici)
No Waiver; Remedies. No failure on ▇▇▇▇▇▇▇ ▇▇ the part of the SellerDepositor, the Depositor Issuer or any assignee thereof to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
Sources: Sale Agreement (Bluegreen Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Lender to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
Sources: Put Agreement (ITC Holdings Corp.)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Beneficiary to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law. SECTION 12.
Appears in 1 contract
Sources: Parent Undertaking Agreement (Dal Tile International Inc)
No Waiver; Remedies. No failure on the part of any ------------------- Holder or the Seller, the Depositor or any assignee thereof Agent to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided in the Note Purchase Agreement, any other Note Document, in equity, or by law.
Appears in 1 contract
Sources: Issuer Security and Pledge Agreement (Western Micro Technology Inc /De)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Creditor to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
Sources: Senior Secured Revolving Credit Facility (Seacor Holdings Inc /New/)
No Waiver; Remedies. No failure on the part of the SellerPurchaser, the Depositor or any assignee thereof other Beneficiary or any of their respective successors or assigns to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Beneficiaries to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any 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 other remedies provided by lawApplicable Laws.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Recipient to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
Sources: Parent Guaranty (Advancepcs)
No Waiver; Remedies. No Except as to applicable statutes of limitation, no failure on the part of the Seller, the Depositor or any assignee thereof OUC to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof The Lender to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
Sources: Guaranty and Security Agreement (Edible Garden AG Inc)
No Waiver; Remedies. No failure on the part of any Owner or the Seller, the Depositor or any assignee thereof Agent to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
Sources: Trade Receivables Purchase and Sale Agreement (Dial Corp /New/)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Seller to --------------------- exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
Sources: Guaranty Agreement (American Leisure Holdings, Inc.)
No Waiver; Remedies. No failure on the part of the SellerPurchaser , the Depositor or any assignee thereof other Beneficiary or any of their respective successors or assigns to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the SellerPurchaser, the Depositor Financial Services Agent or any assignee thereof the Seller to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall will any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
Sources: Master Receivables Purchase Agreement (Chrysler Financial Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Purchaser ------------------- to exercise, and no delay in exercising, any right hereunder or under any Sale Document shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
Sources: Receivables Sale Agreement (Unisource Worldwide Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor ------------------- Purchaser or any assignee thereof to exercise, and no delay in exercising, any right hereunder or under any Sale Assignment shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part fa▇▇▇▇▇ ▇▇ ▇▇▇ ▇art of the Seller, the Depositor Purchaser or any assignee thereof to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
Sources: Purchase and Contribution Agreement (Bluegreen Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Lender to --------------------- exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
Sources: Guaranty Agreement (American Leisure Holdings, Inc.)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Agent Seller to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
Sources: Guaranty
No Waiver; Remedies. No failure on the part of any Holder ------------------- or the Seller, the Depositor or any assignee thereof Agent to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided in the Note Purchase Agreement, any other Note Document, in equity, or by law.
Appears in 1 contract
Sources: Guarantor Security and Pledge Agreement (Western Micro Technology Inc /De)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof ▇▇▇▇▇▇▇ to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
Sources: Guarantee (Parkview Group Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Note Holder to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof ------------------- Purchaser to exercise, and no delay in exercising, any right hereunder or under any Sale Document shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
Sources: Receivables Sale Agreement (York International Corp /De/)
No Waiver; Remedies. No failure on N▇ ▇▇▇▇▇▇▇ ▇▇ the part of the SellerDepositor, the Depositor Issuer or any assignee thereof to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
Sources: Sale Agreement (Bluegreen Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Agent or any assignee thereof Financial Institution to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
Sources: Guaranty (Williams Companies Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Concurrent Lessee to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
Sources: Concurrent Lease Agreement (Ikon Office Solutions Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Purchaser to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
Sources: Guaranty
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Beneficiary or any assignee thereof Guarantor to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by lawLaw.
Appears in 1 contract
Sources: Guaranty (Dynegy Inc.)
No Waiver; Remedies. No failure on the part fa▇▇▇▇▇ ▇▇ ▇▇▇ ▇art of the SellerDepositor, the Depositor Issuer or any assignee thereof to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
Sources: Sale Agreement (Bluegreen Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Company to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the SellerPurchaser or the Collateral Agent (for the benefit of the Lenders), the Depositor or any as assignee thereof hereunder, to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by lawlaw or any other Document.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Issuer to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
Sources: Guaranty Agreement
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof ------------------- Obligee to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Lender to --------------------- exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
Sources: Guaranty Agreement (American Leisure Holdings, Inc.)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Buyer to ------------------- exercise, and no delay in exercising, any right hereunder 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 other remedies provided by law.
Appears in 1 contract
Sources: Master Lease Agreement (3 Dimensional Pharmaceuticals Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Lender to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by lawlaw or under the Restated Note.
Appears in 1 contract
Sources: Subsidiary Guaranty (Retirement Care Associates Inc /Co/)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Addressee to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
Sources: Guaranty (Federal Express Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Now News to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
Sources: Guarantee (Now News Digital Media Technology Co Ltd.)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Purchasers to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Purchaser or any assignee thereof to exercise, and no delay in exercising, any right hereunder or under any Sale Assignment shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Purchaser ------------------- to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Agent or any assignee thereof a Bank to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
Sources: Guaranty (Smithfield Foods Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof ------------------- Lender to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies remedy provided by law.
Appears in 1 contract
Sources: Term Loan Agreement (Polyphase Corp)
No Waiver; Remedies. No failure on the part of the Seller, ------------------- Agent or the Depositor or any assignee thereof Lenders to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies remedy provided by law.
Appears in 1 contract
Sources: Financing Agreement (Happy Kids Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof beneficiary to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
Sources: Subordinated Credit Agreement (Cano Petroleum, Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Seller to exercise, and no delay in exercising, any right hereunder under this Note shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right hereunder under this 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 other remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Agent or any assignee thereof Investor or Bank to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
Sources: Parent Undertaking Agreement (United Rentals North America Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Lender ------------------- to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
Sources: Time Guaranty (C Quential Inc)
No Waiver; Remedies. No failure on ▇▇▇▇▇▇▇ ▇▇ the part of the Seller, the Depositor or any assignee thereof to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
Sources: Purchase and Contribution Agreement (Bluegreen Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Investor to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any 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 other remedies provided by law.
Appears in 1 contract
Sources: Intercreditor Agreement (Ener1 Inc)