Common use of No Waiver; Rights Cumulative Clause in Contracts

No Waiver; Rights Cumulative. No course of dealing on the part of the Lender, its officers or employees, nor any failure or delay by the Lender with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Lender under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. The making of any Loan shall not constitute a waiver of any of the covenants, warranties, or conditions of the Borrower contained herein. In the event the Borrower is unable to satisfy any such covenant, warranty, or condition, the making of any Loan shall not have the effect of precluding the Lender from thereafter declaring such inability to be an Event of Default as hereinabove provided.

No Waiver; Rights Cumulative. No course of dealing on the part of the Lender, its officers or employees, nor any failure or delay by the Lender with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Lender under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. The Neither the making of any Loan nor the issuance of a Letter of Credit shall not constitute a waiver of any of the covenants, warranties, or conditions of the Borrower contained herein. In the event the Borrower is unable to satisfy any such covenant, warranty, or condition, neither the making of any Loan nor the issuance of a Letter of Credit shall not have the effect of precluding the Lender from thereafter declaring such inability to be an Event of Default as hereinabove provided.

No Waiver; Rights Cumulative. No course of dealing on the part of the Lender, Lender or its officers or employees, nor any failure or delay by the Lender with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Lender under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. The Neither the making of any Loan nor the issuance of any Letter of Credit shall not constitute a waiver of any of the covenants, warranties, warranties or conditions of the Borrower contained herein. In the event the Borrower is unable to satisfy any such covenant, warranty, warranty or condition, neither the making of any Loan nor the issuance of any Letter of Credit shall not have the effect of precluding the Lender from thereafter declaring such inability to be an Event of Default as hereinabove provided.

No Waiver; Rights Cumulative. No course of dealing on the part of the Lender, its Agent or the Lenders or their officers or employees, nor any failure or delay by the Lender Agent or the Lenders with respect to exercising any of its their rights under any Loan Document shall operate as a waiver thereof. The rights of the Lender Agent and the Lenders under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. The making of any the Loan shall not constitute a waiver of any of the covenants, warranties, warranties or conditions of any of the Borrower Borrowers contained herein. In the event any of the Borrower is unable to satisfy any such covenant, warranty, warranty or condition, the making of any the Loan shall not have the effect of precluding the Lender Agent or the Lenders from thereafter declaring such inability to be an Event of Default as hereinabove provided.

No Waiver; Rights Cumulative. No course of dealing on the part of the LenderAgent or the Lenders, its their officers or employees, nor any failure or delay by the Lender Agent or the Lenders with respect to exercising any of its their rights under any Loan Document shall operate as a waiver thereof. The rights of the Agent and each Lender under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. The making of any Loan shall not constitute a waiver of any of the covenants, warranties, or conditions of the Borrower contained herein. In the event the Borrower is unable to satisfy any such covenant, warranty, or condition, the making of any Loan shall not have the effect of precluding the Agent and each Lender from thereafter declaring such inability to be an Event of Default as hereinabove provided.

No Waiver; Rights Cumulative. No course of dealing on the part of the Lender, its officers or employees, nor any failure or delay by the Lender with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. thereof The rights of the Lender under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. The making of any Loan shall not constitute a waiver of any of the covenants, warranties, or conditions of the Borrower contained herein. In the event the Borrower is unable to satisfy any such covenant, warranty, or condition, the making of any Loan shall not have the effect of precluding the Lender from thereafter declaring such inability to be an Event of Default as hereinabove provided.

No Waiver; Rights Cumulative. No course of dealing on the part of the Lender, its officers or employees, nor any failure or delay by the Lender with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Lender under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. The making of any Loan shall not constitute a waiver of any of the covenants, warranties, or conditions of the Borrower and the Co- Borrowers contained herein. In the event the Borrower is and the Co-Borrowers are unable to satisfy any such covenant, warranty, or condition, the making of any Loan shall not have the effect of precluding the Lender from thereafter declaring such inability to be an Event of Default as hereinabove provided.

No Waiver; Rights Cumulative. No course of dealing on the part of ---------------------------- the Lender, its officers or employees, nor any failure or delay by the Lender with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Lender under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. The making of any Loan No Advance hereunder shall not constitute a waiver of any of the covenants, warranties, warranties or conditions of the Borrower contained herein. In the event the Borrower is unable to satisfy any such covenant, warranty, warranty or condition, the making of any Loan no such Advance shall not have the effect of precluding the Lender from thereafter declaring such inability to be an Event of Default if same constitutes an Event of Default under the terms of this Agreement as hereinabove provided.

No Waiver; Rights Cumulative. No course of dealing on the part of the Lender, its officers or employees, nor any failure or delay by the Lender with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Lender under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. The making of any Loan No Advance hereunder shall not constitute a waiver of any of the covenants, warranties, warranties or conditions of the Borrower Borrowers contained herein. In the event the Borrower is Borrowers are unable to satisfy any such covenant, warranty, warranty or condition, the making of any Loan no such Advance shall not have the effect of precluding the Lender from thereafter declaring such inability to be an Event of Default if same constitutes an Event of Default under the terms of this Agreement as hereinabove provided.

No Waiver; Rights Cumulative. No course of dealing on the part ---------------------------- of the LenderAgent, its officers or employees, nor any failure or delay by the Lender Bank with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Lender Bank under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. The making of any Loan No Advance hereunder shall not constitute a waiver of any of the covenants, warranties, warranties or conditions of the Borrower contained herein. In the event the Borrower is unable to satisfy any such covenant, warranty, warranty or condition, the making of any Loan no such Advance shall not have the effect of precluding the Lender Bank from thereafter declaring such inability to be an Event of Default if same constitutes an Event of Default under the terms of this Agreement as hereinabove provided.

No Waiver; Rights Cumulative. No course of dealing on the part of the Lender---------------------------- Bank, its officers or employees, nor any failure or delay by the Lender Bank with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Lender Bank under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. The making of any Loan No Advance hereunder shall not constitute a waiver of any of the covenants, warranties, warranties or conditions of the Borrower contained herein. In the event the Borrower is unable to satisfy any such covenant, warranty, warranty or condition, the making of any Loan no such Advance shall not have the effect of precluding the Lender Bank from thereafter declaring such inability to be an Event of Default if same constitutes an Event of Default under the terms of this Agreement as hereinabove provided.

No Waiver; Rights Cumulative. No course of dealing on the part of the Lender, its officers or employees, nor any failure or delay by the Lender with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Lender under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. The making of any Loan No Advance hereunder shall not constitute a waiver of any of the covenants, warranties, warranties or conditions of the Borrower contained herein. In the event the Borrower is are unable to satisfy any such covenant, warranty, warranty or condition, the making of any Loan no such Advance shall not have the effect of precluding the Lender from thereafter declaring such inability to be an Event of Default if same constitutes an Event of Default under the terms of this Agreement as hereinabove provided.

No Waiver; Rights Cumulative. No course of dealing on the ---------------------------- part of the Lender, its officers or employees, nor any failure or delay by the Lender with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Lender under the Loan Documents shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right. The making of any Loan shall not constitute a waiver of any of the covenants, warranties, or conditions of the Borrower contained herein. In the event the Borrower is unable to satisfy any such covenant, warranty, or condition, the making of any Loan shall not have the effect of precluding the Lender from thereafter declaring such inability to be an Event of Default as hereinabove provided.