Common use of No Waiver; Rights Cumulative Clause in Contracts

No Waiver; Rights Cumulative. No course of dealing on the part ---------------------------- of the Agent or the Lender, its officers or employees, nor any failure or delay by the Agent or the Lender with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Agent or 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. Neither the making of any Loan nor the issuance of a Letter of Credit shall 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 have the effect of precluding the Lender from thereafter declaring such inability to be an Event of Default as hereinabove provided.

Appears in 2 contracts

Samples: Credit Agreement (Sheridan Energy Inc), Assignment Agreement (Southern Mineral Corp)

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No Waiver; Rights Cumulative. No course of dealing on the part ---------------------------- of the Agent or the LenderAdministrative Agent, its officers or employees, nor any failure or delay by the Administrative Agent or the Lender with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Administrative Agent or 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. Neither the making of any Loan nor the issuance of a Letter of Credit shall 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 have the effect of precluding the Lender Administrative Agent from thereafter declaring such inability to be an Event of Default as hereinabove provided.. 1.8 1.9

Appears in 1 contract

Samples: Credit Agreement (Midcoast Energy Resources Inc)

No Waiver; Rights Cumulative. No course of dealing on the part ---------------------------- of the Agent or the Lender, its Lenders or their officers or employees, nor any failure or delay by the Agent or the Lender 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 or and the Lender 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. Neither the The making of any the Term Loan nor the issuance of a Letter of Credit shall not constitute a waiver of any of the covenants, warranties, warranties or conditions of the Borrower Borrowers contained herein. In the event any of the Borrower is Borrowers are unable to satisfy any such covenant, warranty, warranty or condition, neither the making of any the Term Loan nor the issuance of a Letter of Credit 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.

Appears in 1 contract

Samples: Term Loan Agreement (Viking Energy Group, Inc.)

No Waiver; Rights Cumulative. No course of dealing on the part ---------------------------- of the Agent or the ---------------------------- Lender, its officers or employees, nor any failure or delay by the Agent or the Lender with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Agent or 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. Neither the making of any Loan nor the issuance of a Letter of Credit shall 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 have the effect of precluding the Lender from thereafter declaring such inability to be an Event of Default as hereinabove provided."

Appears in 1 contract

Samples: Credit Agreement (Contango Oil & Gas Co)

No Waiver; Rights Cumulative. No course of dealing on the part ---------------------------- of the Agent or the a Lender, its officers or employees, nor any failure or delay by the Agent or the a Lender with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Agent or the a 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. Neither the making of any Loan nor the issuance of a Letter of Credit shall 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 have the effect of precluding the Lender from thereafter declaring such inability to be an Event of Default as hereinabove provided.

Appears in 1 contract

Samples: Credit Agreement (Primeenergy Corp)

No Waiver; Rights Cumulative. No course of dealing on the part ---------------------------- of the Agent or Agent, the LenderLenders, its their officers or employees, nor any failure or delay by the Agent or the any Lender with respect to exercising any of its their rights under any Loan Document shall operate as a waiver thereof. The rights of the Agent or and 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. Neither the The making of any Loan nor or the issuance of a any 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 or the issuance of a 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.

Appears in 1 contract

Samples: Credit Agreement (Goodrich Petroleum Corp)

No Waiver; Rights Cumulative. No course of dealing on the part ---------------------------- of the Agent or the Lender, its officers or employees, nor any failure or delay by the Agent or the Lender with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Agent or 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. Neither the making of any Loan nor the issuance of a Letter of Credit shall 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 have the effect of precluding the Lender from thereafter declaring such inability to be an Event of Default as hereinabove provided.

Appears in 1 contract

Samples: Credit Agreement (Primeenergy Corp)

No Waiver; Rights Cumulative. No course of dealing on the part ---------------------------- of the Agent or the Lender, its officers or employees, nor any failure or delay by the Agent or the Lender with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Agent or 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. Neither the making of any Loan nor the issuance of a Letter of Credit shall constitute a waiver of any of the covenants, warranties, or conditions of the Borrower Borrowers contained herein. In the event the Borrower is Borrowers are unable to satisfy any such covenant, warranty, or condition, neither the making of any Loan nor the issuance of a Letter of Credit shall have the effect of precluding the Lender from thereafter declaring such inability to be an Event of Default as hereinabove provided.

Appears in 1 contract

Samples: Credit Agreement (Stratum Holdings, Inc.)

No Waiver; Rights Cumulative. No course of dealing on the part ---------------------------- of the Agent or the LenderLenders, its officers or employees, nor any failure or delay by the Agent or the Lender Lenders with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Agent or the Lender 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. Neither the making of any Loan nor the issuance of a Letter of Credit shall 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 have the effect of precluding the Lender Lenders from thereafter declaring such inability to be an Event of Default as hereinabove provided.

Appears in 1 contract

Samples: Credit Agreement (Primeenergy Corp)

No Waiver; Rights Cumulative. No course of dealing on the part ---------------------------- of the Agent or the Lender, its officers or employees, nor any failure or delay by the Agent or the Lender with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Agent or 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. Neither the making of any Loan nor the issuance of a Letter of Credit shall constitute a waiver of any of the covenants, warranties, or conditions of the Borrower contained herein. In the event the Borrower or the Guarantor 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 have the effect of precluding the Lender from thereafter declaring such inability to be an Event of Default as hereinabove provided.

Appears in 1 contract

Samples: Credit Agreement (Petroquest Energy Inc)

No Waiver; Rights Cumulative. No course of dealing on the part ---------------------------- of the Agent or the Lender, its officers or employees, nor any failure or delay by the Agent or the Lender with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Agent or 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. Neither the making of any Loan Advance nor the issuance of a any Letter of Credit shall 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, neither the making of any Loan Advance nor the issuance of a any Letter of Credit shall have the effect of precluding the Lender from thereafter declaring such inability to be an Event of Default as hereinabove provided.

Appears in 1 contract

Samples: Credit Agreement (Alamco Inc)

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No Waiver; Rights Cumulative. No course of dealing on the part ---------------------------- of the Agent or the LenderLenders, its their officers or employees, nor any failure or delay by the Agent or the Lender Lenders with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Agent or the Lender 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. Neither the making of any Loan nor the issuance of a Letter of Credit shall 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 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.

Appears in 1 contract

Samples: Credit Agreement (Harken Energy Corp)

No Waiver; Rights Cumulative. No course of dealing on the part ---------------------------- of the Agent or the Lender, its officers or employees, nor any failure or delay by the Agent or the Lender with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Agent or 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. Neither the making of any Loan nor the issuance of a Letter of Credit shall 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, neither the making of any Loan nor the issuance of a Letter of Credit shall have the effect of precluding the Lender from thereafter declaring such inability to be an Event of Default as hereinabove provided."

Appears in 1 contract

Samples: Credit Agreement (Southern Mineral Corp)

No Waiver; Rights Cumulative. No course of dealing on the part ---------------------------- of the Agent or the Lender, its officers or employees, nor any failure or delay by the Agent or the Lender with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Agent or 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. Neither the making of any Loan nor the issuance of a Letter of Credit shall 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 have the effect of precluding the Lender from thereafter declaring such inability to be an Event of Default as hereinabove provided.”

Appears in 1 contract

Samples: Credit Agreement (Dril-Quip Inc)

No Waiver; Rights Cumulative. No course of dealing on the part ---------------------------- of the Agent or the LenderLenders, its their officers or employees, nor any failure or delay by the Agent or the Lender 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 or the 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. Neither the 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 and the Co-Borrowers contained herein. In the event the Borrower is and/or the Co-Borrowers are 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 Agent and each Lender from thereafter declaring such inability to be an Event of Default as hereinabove provided.

Appears in 1 contract

Samples: Credit Agreement (Southern Mineral Corp)

No Waiver; Rights Cumulative. No course of dealing on the part ---------------------------- of the Agent or the Lender, its Lenders or their officers or employees, nor any failure or delay by the Agent or the Lender 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 or and the Lender 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. Neither the making of any Loan nor the issuance of a any Letter of Credit shall constitute a waiver of any of the covenants, warranties, or conditions of the Borrower or any of the Guarantors 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 any Letter of Credit shall 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.

Appears in 1 contract

Samples: Credit Agreement (High Plains Gas, Inc.)

No Waiver; Rights Cumulative. No course of dealing on the part ---------------------------- of the Agent or the a Lender, its officers or employees, nor any failure or delay by the Agent or the a Lender with respect to exercising any of its rights under any Loan Document shall operate as a waiver thereof. The rights of the Agent or the a 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. Neither the making of any Loan nor the issuance of a Letter of Credit shall 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 have the effect of precluding the Lender Agent from thereafter declaring such inability to be an Event of Default as hereinabove provided.

Appears in 1 contract

Samples: Credit Agreement (Primeenergy Corp)

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

Appears in 1 contract

Samples: Credit Agreement (International PetroReal Oil CORP)

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