Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of any Note in the exercise of any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of the same preclude any other or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any Note are cumulative to, and are not exclusive of, any rights or remedies any such holder would otherwise have.
Appears in 28 contracts
Samples: Note Agreement (SJW Corp), Guaranty Agreement (Universal Forest Products Inc), Loan Agreement (Kansas City Southern)
Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder Holder of any Note in the exercise of any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of the same preclude any other or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder Holder of any Note are cumulative to, and are not exclusive of, any rights or remedies any such holder Holder would otherwise have.
Appears in 8 contracts
Samples: Note Agreement (Allied Capital Corp), Note Agreement (Allied Capital Corp), Note Agreement (Allied Capital Corp)
Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of any Note Holder in the exercise of any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of the same preclude any other or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any Note each Holder are cumulative to, and are not exclusive of, any rights or remedies any such holder Holder would otherwise have.
Appears in 5 contracts
Samples: Financing Agreement (Allied Holdings Inc), Note Agreement (Berkshire Gas Co /Ma/), Note Agreement (Semco Energy Inc)
Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of any the Note in the exercise of any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of the same preclude any other or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any the Note are cumulative to, to and are not exclusive of, of any rights or remedies any such holder would otherwise have, and no waiver or consent shall extend to or affect any obligation or right not expressly waived or consented to.
Appears in 2 contracts
Samples: Note Purchase Agreement (Blue Ridge Real Estate Co), Blue Ridge Real Estate Co
Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of any Note in the exercise of any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of the same preclude any other or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any Note are cumulative to, to and are not exclusive of, of any rights or remedies any such holder would otherwise have., and no waiver or consent, given or extended pursuant to Section 7, shall extend to
Appears in 1 contract
Samples: Note Purchase Agreement (Kmart Corp)
Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of any Note in the exercise of any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of the same preclude any other or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any Note are cumulative to, and are not exclusive of, of any rights or remedies any such holder would otherwise have, and no waiver or consent shall extend to or affect any obligation or right not expressly waived or consented to.
Appears in 1 contract
Powers and Rights Not Waived; Remedies Cumulative. No delay -------------------------------------------------------------- or failure on the part of the holder of any Note in the exercise of any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of the same preclude any other or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any Note are cumulative to, and are not exclusive of, any rights or remedies any such holder would otherwise have.
Appears in 1 contract
Samples: U S Rentals Inc
Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of any the Note in the exercise of any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of the same preclude any other or further exercise thereof, or the exercise of any other power or right, right and the rights and remedies of the holder of any Note are cumulative to, and are not exclusive of, any rights or remedies any such holder would otherwise have.the
Appears in 1 contract
Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of any Note in the exercise of any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of the same preclude any other or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any Note are cumulative to, to and are not exclusive of, of any rights or remedies any such holder would otherwise have. .Section 10.6.
Appears in 1 contract
Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of any Note in the exercise of any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of the same preclude any other or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any Note are cumulative to, and are not exclusive of, any rights or remedies any such holder would otherwise have.. XX/XX Xxxxxxxxxxxxx, Inc. Note Agreement
Appears in 1 contract
Samples: Bwip Inc
Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of any Note in the exercise of any power or right shall operate as a waiver thereof; thereof nor shall any single or partial exercise of the same preclude any other or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any Note are cumulative to, and are not exclusive of, any rights or remedies any such holder would otherwise have. Section 10.6.
Appears in 1 contract
Samples: Dollar Tree (Dollar Tree Stores Inc)
Powers and Rights Not Waived; Remedies Cumulative. No delay or failure on the part of the holder of any Note in the exercise of any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of the same preclude any other or further exercise thereof, or the exercise of any other power or right, and the rights and remedies of the holder of any Note are cumulative to, and are not exclusive of, any rights or remedies any such holder would otherwise have. .c2.Section 9.6.
Appears in 1 contract
Samples: Carter Wallace Inc /De/