No Waivers; Cumulative Remedies. No failure by Lender to exercise any right, remedy, or option under this Agreement or any other Loan Document, or delay by Lender in exercising the same, will operate as a waiver thereof. No waiver by Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by Lender on any occasion shall affect or diminish Lender's rights thereafter to require strict performance by Borrower of any provision of this Agreement. Lender's rights under this Agreement and the other Loan Documents will be cumulative and not exclusive of any other right or remedy that Lender may have.
Appears in 23 contracts
Samples: Loan and Security Agreement (Overstock Com Inc), Loan and Security Agreement (I Link Inc), Loan and Security Agreement (Swank, Inc.)
No Waivers; Cumulative Remedies. No failure by Lender to exercise any right, remedy, or option under this Agreement or any other Loan Document, or delay by Lender in exercising the same, will operate as a waiver thereof. No waiver by Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by Lender on any occasion shall affect or diminish Lender's ’s rights thereafter to require strict performance by Borrower of any provision of this Agreement. Lender's ’s rights under this Agreement and the other Loan Documents will be cumulative and not exclusive of any other right or remedy that Lender may have.
Appears in 13 contracts
Samples: Loan and Security Agreement (Swank, Inc.), Loan and Security Agreement (Freshpet, Inc.), Loan and Security Agreement (Swank, Inc.)
No Waivers; Cumulative Remedies. No failure by Lender to exercise any right, remedy, or option under this Agreement or or, any other Loan Document, or delay by Lender in exercising the same, will operate as a waiver thereof. No waiver by Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by Lender on any occasion shall affect or diminish Lender's rights thereafter to require strict performance by Borrower Borrowers of any provision of this Agreement. Lender's rights under this Agreement and the other Loan Documents will be cumulative and not exclusive of any other right or remedy that Lender may have.
Appears in 11 contracts
Samples: Loan and Security Agreement (Synalloy Corp), Loan Agreement (Arg Property Management Corp), Loan and Security Agreement (Metalico Inc)
No Waivers; Cumulative Remedies. No failure by Lender to exercise any right, remedy, or option under this Agreement or any other Loan Document, or delay by Lender in exercising the same, will operate as a waiver thereof. No waiver by Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by Lender on any occasion shall affect or diminish Lender's rights thereafter to require strict performance by Borrower Borrowers of any provision of this Agreement. Lender's rights under this Agreement and the other Loan Documents will be cumulative and not exclusive of any other right or remedy that Lender may have.
Appears in 5 contracts
Samples: Credit Agreement (Cryolife Inc), Loan and Security Agreement (Majestic Investor Capital Corp), Loan and Security Agreement (Cray Inc)
No Waivers; Cumulative Remedies. No failure by the Lender to exercise any right, remedy, or option under this Agreement or or, any other Loan Document, or delay by the Lender in exercising the same, will operate as a waiver thereof. No waiver by the Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by the Lender on any occasion shall affect or diminish the Lender's ’s rights thereafter to require strict performance by Borrower of any provision of this Agreement. The Lender's ’s rights under this Agreement and the other Loan Documents will be cumulative and not exclusive of any other right or remedy that the Lender may have.
Appears in 2 contracts
Samples: Subordinated Loan Agreement (Midway Games Inc), Unsecured Loan Agreement (Midway Games Inc)
No Waivers; Cumulative Remedies. No failure by Lender to exercise any right, remedy, or option under this Agreement or any other Loan Document, or delay by Lender in exercising the same, will operate as a waiver thereof. No waiver by Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by Lender on any occasion shall affect or diminish Lender's ’s rights thereafter to require strict performance by Borrower Borrowers of any provision of this Agreement. Lender's ’s rights under this Agreement and the other Loan Documents will be cumulative and not exclusive of any other right or remedy that Lender may have.
Appears in 2 contracts
Samples: Credit Agreement (Cryolife Inc), Loan and Security Agreement (Old Evangeline Downs Capital Corp)
No Waivers; Cumulative Remedies. No failure by Lender to exercise any right, remedy, or option under this Agreement or or, any other Loan Document, or delay by Lender in exercising the same, will operate as a waiver thereof. No waiver by Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by Lender on any occasion shall affect or diminish Lender's rights thereafter to require strict performance by Borrower of any provision of this Agreement. Lender's rights under this Agreement and the other Loan Documents will be cumulative and not exclusive of any other right or remedy that Lender may have.
Appears in 2 contracts
Samples: Credit Agreement (Piccadilly Cafeterias Inc), Loan and Security Agreement (New World Restaurant Group Inc)
No Waivers; Cumulative Remedies. No failure by Lender to exercise any right, remedy, or option under this Agreement or any other Loan Document, or delay by Lender in exercising the same, will operate as a waiver thereof. No waiver by Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by Lender on any occasion shall affect or diminish Lender's rights thereafter to require strict performance by Borrower Obligors of any provision of this Agreement. Lender's rights under this Agreement and the other Loan Documents will be cumulative and not exclusive of any other right or remedy that Lender may have.
Appears in 1 contract
No Waivers; Cumulative Remedies. No failure by Lender to exercise any right, remedy, or option under this Agreement or or, any other Loan Document, or delay by Lender in exercising the same, will operate as a waiver thereof. No waiver by Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by Lender on any occasion shall affect or diminish Lender's rights thereafter to require strict performance by each Borrower of any provision of this Agreement. Lender's rights under this Agreement and the other Loan Documents will be cumulative and not exclusive of any other right or remedy that Lender may have.
Appears in 1 contract