Common use of Powers and Remedies Cumulative Clause in Contracts

Powers and Remedies Cumulative. DELAY OR OMISSION NOT WAIVER OF DEFAULT. No right or remedy herein conferred upon or reserved to any Holder is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of any Holder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and every power and remedy given by the Notes or by law may be exercised from time to time, and as often as shall be deemed expedient, by any Holder.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Frontstep Inc), Securities Purchase Agreement (Frontstep Inc), Securities Purchase Agreement (Frontstep Inc)

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Powers and Remedies Cumulative. DELAY OR OMISSION NOT WAIVER OF DEFAULTDelay or Omission Not Waiver of Default. No right or remedy herein conferred upon or reserved to any the Holder is intended to be exclusive of any other right or remedyremedy available to Holder under applicable law, and every such right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of any the Holder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and every power and remedy given by the Notes this Note or by law may be exercised from time to time, and as often as shall be deemed expedient, by any the Holder.

Appears in 2 contracts

Samples: Convertible Promissory Note (Clikia Corp.), Clikia Corp.

Powers and Remedies Cumulative. DELAY OR OMISSION NOT WAIVER OF DEFAULTDelay or Omission Not Waiver of Default. No right or remedy herein conferred upon or reserved to any Holder is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of any Holder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and every power and remedy given by the Notes this Debenture or by law may be exercised from time to time, and as often as shall be deemed expedient, by any Holder.

Appears in 2 contracts

Samples: Infocast Corp /Nv, Infocast Corp /Nv

Powers and Remedies Cumulative. DELAY OR OMISSION NOT WAIVER OF DEFAULT. No right or remedy herein conferred upon or reserved to any Holder the Noteholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of any Holder the Noteholders to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and every power and remedy given by the Notes or by law may be exercised from time to time, and as often as shall be deemed expedient, by any Holder.the Noteholders. 505298\0057\02050\969WL85X.NPA

Appears in 1 contract

Samples: Subordinated Note Purchase Agreement (Hanger Orthopedic Group Inc)

Powers and Remedies Cumulative. DELAY OR OMISSION NOT WAIVER OF DEFAULTDelay or Omission Not Waiver of Default. No right or remedy herein conferred upon or reserved to any Holder Lender is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The Except as otherwise provided by law, the assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of any Holder to exercise Lender in exercising any right or power accruing upon any Event of Default occurring and continuing as aforesaid hereunder shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and except as otherwise provided by law, every power and remedy given by the Notes this Promissory Note or by law may be exercised from time to time, and as often as shall be deemed expedient, by any HolderLender.

Appears in 1 contract

Samples: Exhibit 99 (National Auto Credit Inc /De)

Powers and Remedies Cumulative. DELAY OR OMISSION NOT WAIVER OF DEFAULTDelay or Omission Not Waiver of Default. No right or remedy herein conferred upon or reserved to any the Holder is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the holder of any Holder Note to exercise any right or power accruing upon any Default or Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Default or Event of Default or an acquiescence therein; and every power and remedy given by the Notes this Note or by law to the holder of any Note may be exercised from time to time, and as often as shall be deemed expedient, by any Holdersuch holder.

Appears in 1 contract

Samples: Unilab Corp /De/

Powers and Remedies Cumulative. DELAY OR OMISSION NOT WAIVER OF DEFAULTDelay or Omission Not Waiver of Default. No right or remedy herein conferred upon or reserved to any Holder is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of any Holder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and every power and remedy given by the Notes or by law may be exercised from time to time, and as often as shall be deemed expedient, by any Holder.

Appears in 1 contract

Samples: Securityholders Agreement (Nasdaq Stock Market Inc)

Powers and Remedies Cumulative. DELAY OR OMISSION NOT WAIVER OF DEFAULTDelay or Omission Not Waiver of Default. No right or remedy herein conferred upon or reserved to any the Holder is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of any Holder the Holders to exercise any right or power accruing upon any Default or Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Default or Event of Default or an acquiescence therein; and every power and remedy given by the Notes this Note or by law may be exercised from time to time, and as often as shall be deemed expedient, by any the Holder.

Appears in 1 contract

Samples: Unilab Corp /De/

Powers and Remedies Cumulative. DELAY OR OMISSION NOT WAIVER OF DEFAULTDelay or Omission Not Waiver of Default. No right or remedy herein conferred upon or reserved to any Holder is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The Except as otherwise provided by law, the assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of any Holder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and except as otherwise provided by law, every power and remedy given by the Notes this Note or by law may be exercised from time to time, and as often as shall be deemed expedient, by any Holder.

Appears in 1 contract

Samples: National Auto Credit Inc /De

Powers and Remedies Cumulative. DELAY OR OMISSION NOT WAIVER OF DEFAULT. No right or remedy herein conferred upon or reserved to any Holder the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of any Holder the Holders to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and every power and remedy given by the Notes Securities or by law may be exercised from time to time, and as often as shall be deemed expedient, by any Holderthe Holders.

Appears in 1 contract

Samples: Geron Corporation

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Powers and Remedies Cumulative. DELAY OR OMISSION NOT WAIVER OF DEFAULTDelay or Omission Not Waiver of Default. No right or remedy herein conferred upon or reserved to any Holder the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of any Holder the Holders to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and every power and remedy given by the Notes Debentures or by law may be exercised from time to time, and as often as shall be deemed expedient, by any Holderthe Holders.

Appears in 1 contract

Samples: Securities Purchase Agreement (Healthaxis Inc)

Powers and Remedies Cumulative. DELAY OR OMISSION NOT WAIVER OF DEFAULTDelay or Omission Not Waiver of Default. No right or remedy herein conferred upon or reserved to any Holder the Noteholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of any Holder the Noteholders to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and every power and remedy given by the Notes or by law may be exercised from time to time, and as often as shall be deemed expedient, by any Holderthe Noteholders.

Appears in 1 contract

Samples: Senior Subordinated Note Purchase Agreement (Chase Venture Capital Associates L P)

Powers and Remedies Cumulative. DELAY OR OMISSION NOT WAIVER OF DEFAULT. No right or remedy herein conferred upon or reserved to any Holder the Purchasers is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of any Holder the Purchasers to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and every power and remedy given by the Notes or by law may be exercised from time to time, and as often as shall be deemed expedient, by any Holderthe Purchasers.

Appears in 1 contract

Samples: Note Purchase Agreement (Spacedev Inc)

Powers and Remedies Cumulative. DELAY OR OMISSION NOT WAIVER OF DEFAULT. No right or remedy herein conferred upon or reserved to any Holder the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of any Holder the Holders to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and every power and remedy given by the Notes Debentures or by law may be exercised from time to time, and as often as shall be deemed expedient, by any Holderthe Holders.

Appears in 1 contract

Samples: Securities Purchase Agreement (Igen International Inc /De)

Powers and Remedies Cumulative. DELAY OR OMISSION NOT WAIVER OF DEFAULTDelay or Omission Not Waiver of Default. No right or remedy herein conferred upon or reserved to any Holder the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of any Holder the Holders to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and every power and remedy given by the Notes or by law may be exercised from time to time, and as often as shall be deemed expedient, by any Holderthe Holders.

Appears in 1 contract

Samples: Bank of America Corp /De/

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