Common use of No Waivers or Election of Remedies, Expenses, Etc Clause in Contracts

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any Investor Group Representative or any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder’s rights, powers or remedies. No right, power or remedy conferred by this Agreement, any Subsidiary Guaranty or any Note upon any Investor Group Representative or any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company under Section 15, the Company will pay to each Investor Group Representative and the holder of each Note on demand such further amount as shall be sufficient to cover all costs and expenses of such Investor Group Representative or holder incurred in any enforcement or collection under this Section 12, including reasonable attorneys’ fees, expenses and disbursements.

Appears in 2 contracts

Samples: Master Note Agreement (CERNER Corp), Master Note Agreement (CERNER Corp)

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No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any Investor Group Representative or any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder’s rights, powers or remedies. No right, power or remedy conferred by this Agreement, the Springing Parent Guaranty, any Subsidiary Guaranty or any Note upon any Investor Group Representative or any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company under Section 15, the Company will pay to each Investor Group Representative and the holder of each Note on demand such further amount as shall be sufficient to cover all reasonable and documented out-of-pocket costs and expenses of such Investor Group Representative or holder incurred in any enforcement or collection under this Section 12, including including, without limitation, reasonable and documented attorneys’ fees, expenses and disbursements.

Appears in 1 contract

Samples: Note Purchase Agreement (Kite Realty Group, L.P.)

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any Investor Group Representative or any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder’s rights, powers or remedies. No right, power or remedy conferred by this Agreement, any Subsidiary Guaranty or any Note upon any Investor Group Representative or any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Terreno Realty LLC Note Purchase Agreement Without limiting the obligations of the Company under Section 15, the Company will pay to each Investor Group Representative and the holder of each Note on demand such further amount as shall be sufficient to cover all costs and expenses of such Investor Group Representative or holder incurred in any enforcement or collection under this Section 12, including including, without limitation, reasonable attorneys’ fees, expenses and disbursements.

Appears in 1 contract

Samples: Note Purchase Agreement (Terreno Realty Corp)

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any Investor Group Representative or any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder’s rights, powers or remedies. No right, power or remedy conferred by this Agreement, any Subsidiary Guaranty or any Note upon any Investor Group Representative or any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company under Section 15, the Company will pay to each Investor Group Representative and the holder of each Note on demand such further amount as shall be sufficient to cover all costs and expenses of such Investor Group Representative or holder incurred in any enforcement or collection under this Section 12, including including, without limitation, reasonable attorneys’ fees, expenses and disbursements.. Terreno Realty LLC Note Purchase Agreement

Appears in 1 contract

Samples: Note Purchase Agreement (Terreno Realty Corp)

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any Investor Group Representative or any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder’s rights, powers or remedies. No right, power or remedy conferred by this Agreement, any Subsidiary Guaranty or any Note upon any Investor Group Representative or any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company under Section 15, the Company will pay to each Investor Group Representative and the holder of each Note on demand such further amount as shall be sufficient to cover all costs and expenses of such Investor Group Representative or holder incurred in any enforcement or collection under this Section 12, including including, without limitation, reasonable attorneys’ fees, expenses and disbursements.. Terreno Realty LLC Agreement Note Purchase

Appears in 1 contract

Samples: Note Purchase Agreement (Terreno Realty Corp)

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No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any Investor Group Representative or any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder’s rights, powers or remedies. No right, power or remedy conferred by this Agreement, any Subsidiary Guaranty or any Note upon any Investor Group Representative or any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter EQUITY ONE, INC. NOTE PURCHASE AGREEMENT available at law, in equity, by statute or otherwise. Without limiting the obligations of the Company under Section 15, the Company will pay to each Investor Group Representative and the holder of each Note on demand such further amount as shall be sufficient to cover all costs and expenses of such Investor Group Representative or holder incurred in any enforcement or collection under this Section 12, including including, without limitation, reasonable attorneys’ fees, expenses and disbursements.

Appears in 1 contract

Samples: Note Purchase Agreement (Equity One, Inc.)

No Waivers or Election of Remedies, Expenses, Etc. No course of dealing and no delay on the part of any Investor Group Representative or any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder’s rights, powers or remedies. No right, power or remedy conferred by this Agreement, any Subsidiary Guaranty or any Note upon any Investor Group Representative or any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. Xxxxxx Xxxxx Resources, Inc. Note Purchase Agreement Without limiting the obligations of the Company under Section 15, the Company will pay to each Investor Group Representative and the holder of each Note on demand such further amount as shall be sufficient to cover all reasonable out-of-pocket costs and expenses of such Investor Group Representative or holder incurred in any enforcement or collection under this Section 12, including including, without limitation, reasonable attorneys’ fees, expenses and disbursements.

Appears in 1 contract

Samples: Note Purchase Agreement (Global Water Resources, Inc.)

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