Common use of REMEDIES AND WAIVERS Clause in Contracts

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any Finance Document on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 26 contracts

Samples: Credit Facility Agreement (Mercer International Inc.), Assignment Agreement, Certain Confidential Information (Metals Acquisition Corp)

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REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Partythe Lender, any right or remedy under a the Finance Document Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Document Documents on the part of any Finance Party the Lender shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 17 contracts

Samples: Facility Agreement (McGraw-Hill Global Education Intermediate Holdings, LLC), Facility Agreement (Huang Julia), Agreement (Daqo New Energy Corp.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or Secured Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any Finance Document on the part of any Finance Party or Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 15 contracts

Samples: Loan Agreement (Scorpio Bulkers Inc.), Fourth Supplemental Agreement (TORM PLC), Fourth Supplemental Agreement (TORM PLC)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or Secured Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any Finance Document on the part of any Finance Party or Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 13 contracts

Samples: Agreement (Alliance Data Systems Corp), Facilities Agreement (StarTek, Inc.), Agreement (Alliance Data Systems Corp)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Secured Party, any right or remedy under a the Finance Document Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Document Documents on the part of any Finance a Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 9 contracts

Samples: And Restatement Agreement (Ardmore Shipping Corp), Assignment Agreement (Ardmore Shipping Corp), Assignment Agreement (Star Bulk Carriers Corp.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Partythe Lender, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any Finance Document on the part of any Finance Party the Lender shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 9 contracts

Samples: Agreement and Plan of Merger (Cartesian, Inc.), Facility Agreement, Facility Agreement (Melco Resorts & Entertainment LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Secured Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any Finance Document on the part of any Finance a Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 7 contracts

Samples: Junior Facility Agreement (Global Ship Lease, Inc.), Assignment Agreement (Global Ship Lease, Inc.), Facility Agreement (United Maritime Corp)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or Secured Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No waiver or election to affirm any Finance Document on the part of any Finance Party or Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 5 contracts

Samples: Facility Agreement (Baring Asia Private Equity Fund v Co-Investment L.P.), Intercreditor Agreement (WuXi PharmaTech (Cayman) Inc.), Facility Agreement (Giant Interactive Group Inc.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Secured Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any Finance Document on the part of any Finance Party or Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 5 contracts

Samples: Assignment Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.), Assignment Agreement (Bristow Group Inc.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any Finance Document on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 5 contracts

Samples: Agreement (Rockley Photonics Holdings LTD), Facility Agreement (IHS Holding LTD), Agreement (Endava PLC)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance PartyParty and SIMEST, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any Finance Document on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 4 contracts

Samples: Sace Facility Agreement (Norwegian Cruise Line Holdings Ltd.), Sace Facility Agreement (Norwegian Cruise Line Holdings Ltd.), Sace Facility Agreement (Norwegian Cruise Line Holdings Ltd.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under a the Finance Document Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No waiver or election to affirm any of the Finance Document Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 4 contracts

Samples: Facility Agreement (Imerys S.A.), Facility Agreement (Platinum Underwriters Holdings LTD), Facility Agreement (Rockwood Holdings, Inc.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any Finance Document on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 4 contracts

Samples: Senior Loan Note Subscription Agreement (Tritium DCFC LTD), Note Subscription Agreement (Tritium DCFC LTD), Senior Loan Note Subscription Agreement (Tritium DCFC LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Document Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each the Finance Document Documents are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 4 contracts

Samples: Facility Agreement, Facility Agreement (Teekay LNG Partners L.P.), Navigator Holdings Ltd.

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or Secured Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any Finance Document on the part of any Finance Party or Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each the Finance Document Documents are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Samples: Intercreditor Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Intercreditor Agreement (Melco Crown Entertainment LTD), Intercreditor Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Document Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Samples: Loan Agreement (Baltic Trading LTD), Loan Agreement (Baltic Trading LTD), Loan Agreement (Baltic Trading LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance PartyParty or Secured Creditor, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any Finance Document on the part of any Finance Party or Secured Creditor shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Samples: Facility Agreement (Encore Capital Group Inc), Assignment Agreement (Encore Capital Group Inc), Assignment Agreement (Encore Capital Group Inc)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under a the Finance Document Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election by a Finance Party to affirm any Finance Document on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy by any Finance Party shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Samples: Facility Agreement (China Mengniu Dairy Co LTD), Senior Facilities Agreement (OneSmart International Education Group LTD), Facility Agreement (WuXi PharmaTech (Cayman) Inc.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Creditor Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any Finance Document on the part of any Finance a Creditor Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Samples: Facility Agreement (Grindrod Shipping Holdings Pte. Ltd.), Facility Agreement (Scorpio Tankers Inc.), Facility Agreement (Navios Maritime Holdings Inc.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Secured Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any Finance Document on the part of any Finance Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Samples: Agreement (Hafnia LTD), Agreement (Hafnia LTD), Agreement (Hafnia LTD)

REMEDIES AND WAIVERS. 40.1 No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Document Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each the Finance Document Documents are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Samples: Agreement (Hafnia LTD), Facility Agreement (Hafnia LTD), Agreement (Hafnia LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Document Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document this Agreement are cumulative and not exclusive of any rights or remedies provided by law.. 21 Joint and several liability

Appears in 3 contracts

Samples: Loan Agreement (Diana Shipping Inc.), Loan Agreement (Baltic Trading LTD), Diana Shipping Inc.

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the Lender or any Finance Secured Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any Finance Document on the part of the Lender or any Finance Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Loan Agreement (Euroseas Ltd.), Performance Shipping Inc.

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No waiver or election to affirm any Finance Document on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Assignment Agreement (American Realty Capital Global Trust II, Inc.), Facility Agreement (American Realty Capital Global Trust II, Inc.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under a the Finance Document Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Document Documents on the part of any a Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Credit Agreement (DHT Holdings, Inc.), Credit Agreement (DHT Holdings, Inc.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or Secured Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any Finance Document on the part of any Finance Party or Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each the Finance Document Documents are cumulative and not exclusive of any rights or remedies provided by law.. 116 Project Asgard (2020 A&R) – Amended and Restated Facilities Agreement

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (Melco Resorts & Entertainment LTD), Intercreditor Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under a Finance Document shall will operate as a waiver of waiver, nor will any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any Finance Document on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document are cumulative and not exclusive of any rights or remedies provided by lawlaw and may be waived only in writing and specifically.

Appears in 2 contracts

Samples: Credit Agreement (IHS Holding LTD), Facility Agreement (IHS Holding LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or Secured Party, any right or remedy under a Finance Document shall operate as a waiver waiver, of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any Finance Document on the part of any Finance Party or Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Intercreditor Agreement (CorpAcq Group PLC), Intercreditor Agreement (CorpAcq Group PLC)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under a the Finance Document Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Document Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Agreement (PCGI Intermediate Holdings LTD), Facility Agreement (PCGI Intermediate Holdings LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any of the Finance Document Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Facility Agreement (Northstar Realty Finance Corp.), Facility Agreement (NorthStar Healthcare Income, Inc.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the Lender or any Finance Secured Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any Finance Document on the part of the Lender or any Finance Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Euroseas Ltd., EuroDry Ltd.

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under a the Finance Document Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Document Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Agreement (Luxottica Group Spa)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or Secured Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any Finance Document on the part of any Finance Party or Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.. 196

Appears in 1 contract

Samples: Senior Facilities Agreement (StarTek, Inc.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under a the Finance Document Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Document Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document this Agreement are cumulative and not exclusive of any rights or remedies provided by law.. 120

Appears in 1 contract

Samples: Agreement (Hillenbrand, Inc.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or Secured Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any Finance Document on the part of any Finance Party or Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document this Agreement are cumulative and not exclusive of any rights or remedies provided by law.. 102

Appears in 1 contract

Samples: Secured Loan Agreement (Genco Shipping & Trading LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or any Secured Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any Finance Document on the part of any Finance Party or any Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.. 105

Appears in 1 contract

Samples: Assignment Agreement (Hamilton Insurance Group, Ltd.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under a the Finance Document Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Document Documents on the part of any Finance Party shall be effective unless it is in writing. 128 No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Agreement (Hillenbrand, Inc.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or Secured Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any Finance Document on the part of any Finance Party or Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document this Agreement are cumulative and not exclusive of any rights or remedies provided by law.. 35 Amendments and Waivers

Appears in 1 contract

Samples: Loan Agreement (Diana Containerships Inc.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance PartySecured Party I, any right or remedy under a any Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No waiver or election to affirm any of the Finance Document Documents on the part of any Finance Secured Party I shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each the Finance Document Documents are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Security Agreement

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or Secured Party, any right or remedy under a the Finance Document Documents shall operate as a waiver waiver, nor shall any single or partial exercise of any such right or remedy prevent any further or constitute an election to affirm other exercise or the exercise of any of the Finance Documentsother right or remedy. No election to affirm any Finance Document on the part of any Finance Party or Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each the Finance Document Documents are cumulative and not exclusive of any rights or remedies provided by law.. 124

Appears in 1 contract

Samples: Facilities Agreement (Elbit Imaging LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Document Documents on the part of any Finance Party shall be effective unless it is in writingwriting and the prior written approval of K-sure has been obtained. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Poseidon Containers Holdings Corp.

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REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under a the Finance Document Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Document Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: www.workspace.co.uk

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under a the Finance Document Documents shall operate as a waiver of waiver, nor shall any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any Finance Document on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each the Finance Document Documents are cumulative and not exclusive of any rights or remedies provided by law.. 189 46 Amendments and grant of waivers

Appears in 1 contract

Samples: Hoegh LNG Partners LP

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any Finance ​ xxxxxxx.xxx | Page 107 of 153 ​ Document on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Agreement (KNOT Offshore Partners LP)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or Secured Party, any right or remedy under a the Finance Document Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Document Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Agreement (Melrose PLC)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under a the Finance Document Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Document Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document this Agreement are cumulative and not exclusive of any rights or remedies provided by law.. ​

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Alibaba Group Holding LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or Secured Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any Finance Document on the part of any Finance Party or Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.. 241

Appears in 1 contract

Samples: Senior Facilities Agreement (OpSec Holdings)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or Finance Party, any right or remedy under a the Finance Document Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any Finance Document on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Agreement (Atlas Investissement)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under a the Finance Document Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Document Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document this Agreement are cumulative and not exclusive of any rights or remedies provided by law.. 109

Appears in 1 contract

Samples: Facility Agreement (Luxottica Group Spa)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Document Documents on the part of any an Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Agreement (Mohegan Tribal Gaming Authority)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under a the Finance Document Documents, shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No waiver or election to affirm any of the Finance Document Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Assignment Agreement (Gold Fields LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under a the New Finance Document Documents shall operate as a waiver waiver, nor shall any single or partial exercise of any such right or remedy prevent any further or constitute an election to affirm other exercise or the exercise of any of the Finance Documentsother right or remedy. No election to affirm any Finance Document this Agreement on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document this Agreement are cumulative and not exclusive of any rights or remedies provided by lawlaw or regulation.

Appears in 1 contract

Samples: Common Terms Agreement (Ultrapetrol Bahamas LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Document Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each the Finance Document Documents are cumulative and not exclusive of any rights or remedies provided by law.. 44 Amendments and grant of waivers

Appears in 1 contract

Samples: Facility Agreement (Navigator Holdings Ltd.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance the Lender or other Secured Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any Finance Document on the part of the Lender or any Finance other Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Loan Agreement (Melco Crown Entertainment LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Partya Lender, any right or remedy under a the Finance Document Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Document Documents on the part of any Finance Party Lender shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: TSH Merger Sub (Huang Jianjun)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No waiver or election to affirm any Finance Document on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Agreement (Cboe Global Markets, Inc.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or Secured Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any Finance Document on the part of any Finance Party or Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.. 195

Appears in 1 contract

Samples: Facilities Agreement (StarTek, Inc.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any Finance Document on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.. 84

Appears in 1 contract

Samples: Facility Agreement (OI S.A. - In Judicial Reorganization)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or Secured Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any Finance Document on the part of any Finance Party or Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.. 201

Appears in 1 contract

Samples: Agreement (New Frontier Public Holding Ltd.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under a the Finance Document Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Document Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document this Agreement are cumulative and not exclusive of any rights or remedies provided by law.. 133

Appears in 1 contract

Samples: Facility Agreement (Innospec Inc.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance the Lender or another Secured Party, any right or remedy under a the Finance Document Documents, shall operate as a waiver waiver, of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Document Documents on the part of any Finance Party the Lender shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each the Finance Document Documents are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: en.hk1282.com

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under a the Finance Document Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Document Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document this Agreement are cumulative and not exclusive of any rights or remedies provided by law.. 92148

Appears in 1 contract

Samples: And Restatement Agreement (Alibaba Group Holding LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or Secured Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any Finance Document on the part of any Finance Party or Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.. 188

Appears in 1 contract

Samples: Senior Term Facilities Agreement (NeoGames S.A.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or Secured Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any Finance Document on the part of any Finance Party or Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Facilities Agreement (Genesco Inc)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under a Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Document Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.or

Appears in 1 contract

Samples: Management Agreement (Diana Shipping Inc.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under a Finance Document shall operate as a waiver of any such 49173559_13 right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any Finance Document on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Agreement (Diodes Inc /Del/)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance PartySecured Creditor, Receiver or Delegate, any right or remedy under a any Finance Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No waiver or election to affirm any of the Finance Document Documents on the part of any Finance Party Secured Creditor, Receiver or Delegate shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in each the Finance Document Documents are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Security Agreement

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