Common use of No Waivers Clause in Contracts

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 63 contracts

Samples: Credit Agreement (Apollo Group Inc), Credit Agreement (Lexmark International Inc /Ky/), Credit Agreement (EDGEWELL PERSONAL CARE Co)

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No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 16 contracts

Samples: Credit Agreement (Chicos Fas Inc), Term Loan Agreement (Lam Research Corp), Pledge Agreement (Network Appliance Inc)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Lenders in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap AgreementNote, any Banking Services Agreement Rate Management Transaction and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 15 contracts

Samples: Credit Agreement (Papa Johns International Inc), Credit Agreement (Viad Corp), Subsidiary Guaranty (Exco Resources Inc)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Lender in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement agreement evidencing Rate Management Transactions and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 12 contracts

Samples: Credit Agreement (New Home Co Inc.), Credit Agreement (TRI Pointe Group, Inc.), Credit Agreement (Tri Pointe Homes, Inc.)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Banks in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreementthe Notes, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 9 contracts

Samples: Credit Agreement (Gables Realty Limited Partnership), Credit Agreement (Russell Corp), Credit Agreement (Guilford Mills Inc)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Banks in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreementthe Notes, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 9 contracts

Samples: Credit Agreement (Gables Residential Trust), Credit Agreement (Guilford Mills Inc), Credit Agreement (McWhorter Technologies Inc /De/)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Secured Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 6 contracts

Samples: Guaranty (Advisory Board Co), Guaranty (Kendle International Inc), Guaranty (Rogers Corp)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 6 contracts

Samples: Credit Agreement (Fuller H B Co), Borrowing Subsidiary Agreement (Fuller H B Co), Credit Agreement (Bea Systems Inc)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Banks in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap AgreementNote, any Banking Services Agreement Rate Management Transaction and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 4 contracts

Samples: Guaranty Agreement (Asset Acceptance Capital Corp), Guaranty Agreement (Asset Acceptance Capital Corp), Guaranty Agreement (Asset Acceptance Capital Corp)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Lenders in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap AgreementNote, any Banking Services Agreement Rate Management Transaction and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 4 contracts

Samples: Credit Agreement (Clarcor Inc), Credit Agreement (BJS Wholesale Club Inc), Credit Agreement (Cimarex Energy Co)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Lender in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement Note and the other Loan Credit Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 4 contracts

Samples: Credit Agreement (Pulte Homes Inc/Mi/), Credit Agreement (Pulte Homes Inc/Mi/), Credit Agreement (Pulte Homes Inc/Mi/)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Lender in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 4 contracts

Samples: Credit Agreement (Federal Express Corp), Day Credit Agreement (Fedex Corp), Guaranty (Federal Express Corp)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Lenders in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement and Note or the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 4 contracts

Samples: Assignment Agreement (Beazer Homes Usa Inc), Credit Agreement (Ryland Group Inc), Credit Agreement (Ryland Group Inc)

No Waivers. No failure or delay by any Guarantor, the Administrative Agent or any other Holder of Guaranteed Obligations Lender in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this GuarantyGuarantee, the Credit Agreement, any Swap Agreement, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 4 contracts

Samples: Credit Agreement (Fedex Corp), Credit Agreement (Fedex Corp), Credit Agreement (Federal Express Corp)

No Waivers. No failure or delay by the Administrative Agent or any other Holder holders of Guaranteed Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Designated Hedging Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 4 contracts

Samples: Term Loan Agreement (Chicago Bridge & Iron Co N V), Assignment and Assumption (Chicago Bridge & Iron Co N V), Revolving Credit Agreement (Chicago Bridge & Iron Co N V)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 4 contracts

Samples: Credit Agreement (Acuity Brands Inc), Credit Agreement (Fuller H B Co), Credit Agreement (Acuity Brands Inc)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Samples: Credit Agreement (Fiserv Inc), Security Agreement (Fuller H B Co), Credit Agreement (Fiserv Inc)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement and the other Loan Documents Notes shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Samples: Credit Agreement (Southwestern Energy Co), Credit Agreement (Southwestern Energy Co), Credit Agreement (Southwestern Energy Co)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Lender in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap AgreementNote, any Banking Services Agreement Rate Management Transaction and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Samples: Guaranty (Parallel Petroleum Corp), Credit Agreement (Parallel Petroleum Corp), Credit Agreement (Parallel Petroleum Corp)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Secured Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap AgreementDesignated Financial Contract, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Samples: Credit Agreement (Heidrick & Struggles International Inc), Credit Agreement (Heidrick & Struggles International Inc), Credit Agreement (Heidrick & Struggles International Inc)

No Waivers. No failure or delay by the Administrative Agent Agent, Swingline Lender, LC Issuer or any other Holder Lender or any Affiliate of Guaranteed Obligations any of them in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap AgreementNote, any Banking Services Agreement Rate Management Transaction and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Samples: Subsidiary Guaranty (Airnet Systems Inc), Subsidiary Guaranty (Airnet Systems Inc), Replacement Subsidiary Guaranty (Airnet Systems Inc)

No Waivers. No failure or delay by the Administrative Agent or any other Holder holders of Guaranteed Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap AgreementSecured Cash Management Agreements, any Banking Services Agreement Secured Hedge Agreements and Secured Bilateral Letters of Credit and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Samples: Credit Agreement (Chicago Bridge & Iron Co N V), Term Loan Agreement (Chicago Bridge & Iron Co N V), Revolving Credit Agreement (Chicago Bridge & Iron Co N V)

No Waivers. No failure or delay by the Administrative Agent Agent, the L/C Issuer, the Swing Line Lender or any other Holder of Guaranteed Obligations Lenders in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement Note and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Samples: Credit Agreement (Core Laboratories N V), Credit Agreement (Core Laboratories N V), Assignment and Assumption (Core Laboratories N V)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Samples: Assignment and Assumption (Southwestern Energy Co), Assignment and Assumption (Southwestern Energy Co), Assignment and Assumption (Southwestern Energy Co)

No Waivers. No failure or delay by the Administrative Agent or any other Holder Holders of Guaranteed Secured Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement agreement evidencing a Rate Management Transaction and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Samples: Guaranty (Encore Capital Group Inc), Guaranty (Abx Air Inc), Encore Capital Group Inc

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Lenders in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement and the other Loan Documents and any agreements relating to the other Guaranteed Obligations shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Samples: Credit Agreement (Spartan Motors Inc), Credit Agreement (Spartan Motors Inc), Credit Agreement (Spartan Motors Inc)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Guaranty (Sara Lee Corp), Guaranty (D.E Master Blenders 1753 B.V.)

No Waivers. No failure or delay by the Administrative Agent, the Co-Agent or any other Holder of Guaranteed Obligations Banks in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Amended and Restated Credit Agreement, any Swap Agreementthe Notes, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Post Apartment Homes Lp), Credit Agreement (Post Apartment Homes Lp)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Secured Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Second Lien Term Loan Agreement, any Swap Agreement, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Guaranty (Quest Resource Corp), Guaranty (Quest Resource Corp)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Secured Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement Guaranty and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Subsidiary Guarantee Agreement (LogMeIn, Inc.), Credit Agreement (LogMeIn, Inc.)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Lenders in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Guaranty (Nelnet Inc), Guaranty (Nelnet Inc)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap AgreementAgreement evidencing Swap Obligations, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Affiliate Guaranty (Weatherford International PLC), Affiliate Guaranty (Weatherford International PLC)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Lender in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Stepan Co), Credit Agreement (Stepan Co)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Lenders in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement agreement evidencing Rate Management Transactions and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Guaranty (Nelnet Inc), Nelnet Inc

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Lenders in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreementthe Notes, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Subsidiary Guaranty (Finish Line Inc /In/), Subsidiary Guaranty (Finish Line Inc /In/)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Secured Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Central Garden & Pet Co), Guaranty (Priceline Com Inc)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Secured Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap AgreementContract, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Dice Holdings, Inc.), Guaranty (Newport Corp)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Lender or any Issuer in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement and Note or the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Collateral Agreement (Clarksburg Skylark, LLC), Credit Agreement (Beazer Homes Usa Inc)

No Waivers. No failure or delay by the Administrative Agent or any other Holder Holders of Guaranteed Secured Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement agreement evidencing a Rate Management Transaction and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: United Stationers Inc, United Stationers Supply Co

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Secured Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Secured Cash Management Agreement, any Banking Services Secured Hedge Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Guaranty (Tessera Holding Corp), Guaranty (Xperi Holding Corp)

No Waivers. No failure or delay by the Administrative Agent, the Collateral Agent or any other Holder of Guaranteed Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Security Agreement (Ugi Corp /Pa/), Security Agreement (Ugi Corp /Pa/)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Secured Parties in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement Guaranty and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Guarantee Agreement (Marketaxess Holdings Inc), Guarantee Agreement (Marketaxess Holdings Inc)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Banks in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Reimbursement Agreement, any Swap Agreementthe Reimbursement Notes, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Reimbursement Agreement (Gables Residential Trust), Reimbursement Agreement (Gables Realty Limited Partnership)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Credit Agreement (CBL & Associates Properties Inc), Credit Agreement (CBL & Associates Properties Inc)

No Waivers. No failure or delay by the Administrative Agent, the Documentation Agent, the Syndication Agent or any other Holder of Guaranteed Obligations Banks in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Amended and Restated Credit Agreement, any Swap Agreementthe Notes, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Post Apartment Homes Lp), Credit Agreement (Post Apartment Homes Lp)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Lenders in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreementthe Notes, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Belden Inc), Guaranty Agreement (Belden Inc)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Loan Agreement, any Swap Agreement, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Loan Agreement (NetApp, Inc.), Loan Agreement (Universal Corp /Va/)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Secured Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement Designated Financial Contract and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Heidrick & Struggles International Inc), Credit Agreement (Heidrick & Struggles International Inc)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Loan Agreement, any Swap Agreement, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Loan Agreement (Fuller H B Co), Loan Agreement (Global Payments Inc)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Secured Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap AgreementSecured Derivatives Contracts, any Banking Services Secured Cash Management Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Credit Agreement (General Growth Properties, Inc.), Credit Agreement (General Growth Properties, Inc.)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Lender in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Subsidiary Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement and the other Loan Security Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Applied Extrusion Technologies Inc /De), Credit Agreement (Applied Extrusion Technologies Inc /De)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Lenders in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement Note and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Lennar Corp /New/), Credit Agreement (Lennar Corp /New/)

No Waivers. No failure or delay by the Administrative Agent Trustee or any other Holder of Guaranteed Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement Indenture and the other Loan Documents Securities shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Indenture (Arvinmeritor Inc), Indenture (Arvinmeritor Inc)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Banks ---------- in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreementthe Notes, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Credit Agreement (JDN Realty Corp), Credit Agreement (JDN Realty Corp)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Secured Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Hedging Agreement, any Banking Services Agreement the Notes, and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Pledge Agreement (Precept Business Services Inc), Pledge Agreement (Precept Business Services Inc)

No Waivers. No failure or delay by the Administrative Agent or any and the other Holder of Guaranteed Obligations Secured Parties in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement Guaranty and the other Loan Guaranteed Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Guaranty (A123 Systems, Inc.), Guaranty (Wanxiang Group Corp)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations the Lenders in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Lease, the Agency Agreement, the Credit Agreement, any Swap Agreementthe Guaranty (Lessor), any Banking Services Agreement the Notes and the other Loan Transaction Documents shall be cumulative and shall not be exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Samples: Guaranty (Vincam Group Inc)

No Waivers. No failure or delay by the Administrative Agent or any other Holder Holders of Guaranteed Secured Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the any Credit Agreement, any Swap Agreement, any Banking Services Hedging Agreement and the other Loan Credit Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Guaranty (Inergy L P)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Lender in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Hedging Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.. 

Appears in 1 contract

Samples: Credit Agreement (Woodward, Inc.)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Guaranteed Hedge Agreement, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Credit Agreement (Bruker Corp)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Lenders in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement and the other Loan Documents and any agreements relating to the other Secured Obligations shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Loan Guaranty (Techteam Global Inc)

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No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Lender in ---------- exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreementthe Notes, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Assignment Agreement (Howmet International Inc)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Lenders in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreementthe Notes, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law. SECTION 11.

Appears in 1 contract

Samples: Credit Agreement (Airborne Freight Corp /De/)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement and the other Loan Documents Notes of the Additional Borrower shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Credit Agreement (Southwestern Energy Co)

No Waivers. No failure or delay by the Administrative Agent, the Collateral Agent or any other Holder of Guaranteed Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Credit Agreement (Ugi Corp /Pa/)

No Waivers. No failure or delay by the Administrative either Agent or any other Holder of Guaranteed Obligations Lenders in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreementthe Notes, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Credit Agreement (Meritor Automotive Inc)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Lenders in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreementthe Notes, any Banking Services Agreement and the other Loan Credit Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Credit Agreement (Childrens Comprehensive Services Inc)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Credit Agreement (Florida Gaming Corp)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Lender in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Assignment Agreement (FDX Corp)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Lenders in ---------- exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreementthe Notes, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Assignment Agreement (Finish Line Inc /De/)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations the Lenders in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement the Notes and the other Loan Transaction Documents shall be cumulative and shall not be exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Samples: Vincam Group Inc

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Credit Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Credit Agreement (Southwestern Energy Co)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Lenders in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap AgreementNote, any Banking Services Agreement Permitted Swap Contract and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Credit Agreement (Ladish Co Inc)

No Waivers. No failure or delay by the Administrative Agent or any other Holder Lenders ---------- or any of Guaranteed Obligations their Affiliates in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the either Credit Agreement, any Swap AgreementNote, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Subsidiary Guaranty (Transit Group Inc)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Banks in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreementthe Term Notes, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Credit Agreement (JDN Realty Corp)

No Waivers. No failure or delay by the Administrative Agent or any other Holder Holders of Guaranteed Secured Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement agreement evidencing a Rate Management Transaction and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law. Section 11.

Appears in 1 contract

Samples: Encore Capital Group Inc

No Waivers. No failure or delay by the Administrative Agent, the Collateral Agent or any other Holder of Guaranteed Secured Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement Guaranteed Rate Management Transaction and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Guaranty Agreement (Roto-Rooter Inc)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Lender in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement Note and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Credit Agreement (NVR Inc)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement and the other Loan Transaction Documents shall be cumulative and not exclusive of any rights or remedies provided by law. Section 11.

Appears in 1 contract

Samples: Arvinmeritor Inc

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Term Loan Agreement, any Swap Guaranteed Hedge Agreement, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Term Loan Agreement (Bruker Corp)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Creditor in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement agreement evidencing a Rate Management Transaction and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Encore Capital Group Inc

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Lenders in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement and Note or the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Parent Company Guaranty (Lennar Corp /New/)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreementthe Notes, any Banking Services Agreement the Security Documents and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Credit Agreement (Gerber Scientific Inc)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Loan Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Loan Agreement (Fiserv Inc)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreementthe Notes, any Banking Services Agreement the Pledge Agreements and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Credit Agreement (Gerber Scientific Inc)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Holders in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Note Agreement, any Swap Agreement, any Banking Services Agreement Note and the other Loan Note Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Note Agreement (NewStar Financial, Inc.)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Secured Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Hedging Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Guaranty (Sybron Dental Specialties Inc)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Secured Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Loan Agreement, any Swap Agreement, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Pledge Agreement (Network Appliance Inc)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Secured Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Third Lien Term Loan Agreement, any Swap Agreement, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Quest Resource Corp

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law. SECTION 12.

Appears in 1 contract

Samples: Execution Copy Credit Agreement (Universal Corp /Va/)

No Waivers. No failure or delay by the Administrative Paying Agent or any other Holder of Guaranteed Obligations Lender in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Assignment Agreement (FDX Corp)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Banks ---------- in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreementthe Term Notes, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Credit Agreement (JDN Realty Corp)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Secured Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreementagreement evidencing Rate Management Transactions, any Banking agreement evidencing Cash Management Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Guaranty (Inventure Foods, Inc.)

No Waivers. No failure or delay by the Collateral Agent, the Administrative Agent or any other Holder of Guaranteed Obligations Lender in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this GuarantyGuaranty Agreement, the Credit Agreement, any Swap Agreement, any Banking Services Agreement and the other Loan Security Documents shall be cumulative and not exclusive of any rights or remedies provided by lawapplicable Governmental Rules.

Appears in 1 contract

Samples: Guaranty Agreement (Genius Products Inc)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Lender in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Hedging Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Credit Agreement (Woodward, Inc.)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Lender in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement and Note or the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Parent Company Guaranty (LNR Property Corp)

No Waivers. No failure or delay by the Administrative Designated Agent or any other Holder of Guaranteed Obligations Lender in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement agreement evidencing Rate Management Transactions and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Credit Agreement (MDC Holdings Inc)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Banks in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreementthe Term Loan Notes, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Credit Agreement (Gables Residential Trust)

No Waivers. No failure or delay by the Administrative Agent Agent, the Security Trustee or any other Holder of Guaranteed Obligations Lender in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this GuarantyGuaranty Agreement, the Credit Agreement, any Swap Agreement, any Banking Services Agreement and the other Loan Security Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Guaranty Agreement (American Commercial Lines Inc.)

No Waivers. No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Term Loan Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Term Loan Agreement (CBL & Associates Properties Inc)

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