Common use of Rights and Waivers Clause in Contracts

Rights and Waivers. (a) The rights and remedies of Purchaser under the Transaction Documents and in connection therewith: (i) are cumulative, (ii) may be exercised as often and in such order as Purchaser consider appropriate, (iii) are in addition to the rights and remedies of Purchaser under the general law, and (iv) shall not be capable of being waived or varied except by virtue of an express waiver or variation in writing signed by an officer of the Purchaser; and in particular any failure to exercise or any delay in exercising any of such rights and remedies shall, to the extent permitted by law, not operate as a waiver or variation of that or any other such right or remedy; any defective or partial exercise of any of such rights shall, to the extent permitted by law, not preclude any other or future exercise of that or any other such right or remedy; and no act or course of conduct or negotiation on the part of the Purchaser or on its behalf shall, to the extent permitted by law, in any way preclude the Purchaser from exercising any such right or remedy or constitute a suspension or variation of any such right or remedy.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Fibernet Telecom Group Inc\), Securities Purchase Agreement (Fibernet Telecom Group Inc\)

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Rights and Waivers. (a) The respective rights and remedies of Purchaser the Administrative Agent and each Lender under the Transaction Documents and in connection therewith: (i) this Agreement are cumulative, (ii) may be exercised as often and in such order as Purchaser consider considered appropriate, (iii) are in addition to the all other rights and remedies of Purchaser under the general law, and (iv) shall not be capable of being waived or varied except by virtue of an express waiver or variation in writing signed by an authorized officer of the PurchaserAdministrative Agent or such Lender (as the case may be); and in particular any failure to exercise or any delay in exercising any of such rights and remedies shall, to the extent permitted by law, shall not operate as a waiver or variation of that or any other such right or remedy; any defective or partial exercise of any of such rights shall, to the extent permitted by law, shall not preclude any other or future exercise of that or any other such right or remedy; and no act or course of conduct or negotiation on the part of the Purchaser Administrative Agent or a Lender or on its behalf shall, to the extent permitted by law, shall in any way preclude the Purchaser it from exercising any such right or remedy or constitute a suspension or variation of any such right or remedy.

Appears in 2 contracts

Samples: Operating Credit Agreement (Mercer International Inc.), Operating Credit Agreement (Mercer International Inc)

Rights and Waivers. (a) The rights and remedies of Purchaser the Purchasers under the Transaction Documents and in connection therewith: (i) are cumulative, (ii) may be exercised as often and in such order as Purchaser the Purchasers consider appropriate, (iii) are in addition to the rights and remedies of Purchaser the Purchasers under the general law, and (iv) shall not be capable of being waived or varied except by virtue of an express waiver or variation in writing signed by an officer of the PurchaserPurchasers; and in particular any failure to exercise or any delay in exercising any of such rights and remedies shall, to the extent permitted by law, not operate as a waiver or variation of that or any other such right or remedy; any defective or partial exercise of any of such rights shall, to the extent permitted by law, not preclude any other or future exercise of that or any other such right or remedy; and no act or course of conduct or negotiation on the part of the Purchaser Purchasers or on its behalf shall, to the extent permitted by law, in any way preclude the Purchaser Purchasers from exercising any such right or remedy or constitute a suspension or variation of any such right or remedy.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Fibernet Telecom Group Inc\), Securities Purchase Agreement (Trident Telecom Partners LLC)

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Rights and Waivers. (a) The rights and remedies of Purchaser the Lender under the Transaction Documents and in connection therewith: (i) are cumulative, (ii) may be exercised as often and in such order as Purchaser consider the Lender considers appropriate, (iii) are in addition to the its rights and remedies of Purchaser under the general law, and (iv) shall not be capable of being waived or varied except by virtue of an express waiver or variation in writing signed by an officer of the PurchaserLender; and in particular any failure to exercise or any delay in exercising any of such rights and remedies shall, to the extent permitted by law, not operate as a waiver or variation of that or any other such right or remedy; any defective or partial exercise of any of such rights shall, to the extent permitted by law, not preclude any other or future exercise of that or any other such right or remedy; and no act or course of conduct or negotiation on the part of the Purchaser Lender or on its behalf shall, to the extent permitted by law, in any way preclude the Purchaser Lender from exercising any such right or remedy or constitute a suspension or variation of any such right or remedy.

Appears in 1 contract

Samples: Credit Agreement (Geon Co)

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