Common use of Rights Cumulative; Waivers Clause in Contracts

Rights Cumulative; Waivers. The rights of the Lender under this Agreement are cumulative, and may be exercised as often as it considers appropriate and are in addition to its rights under any applicable law. The rights of the Lender in relation to the Facilities and/or the Total Secured Amounts (whether arising under this Agreement or under any applicable law) shall not be capable of being waived or varied otherwise than by an express waiver or variation in writing; and in particular any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right; any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right; and no act or course of conduct or negotiation on its part or on its behalf shall in any way preclude them from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 2 contracts

Samples: Facilities Agreement (Kulicke & Soffa Industries Inc), Facilities Agreement (Kulicke & Soffa Industries Inc)

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Rights Cumulative; Waivers. The rights of the Lender Bank under this Agreement are cumulative, and may be exercised as often as it considers appropriate and are in addition to its rights under any applicable the general law. The rights of the Lender Bank in relation to the Facilities this Facility and/or the Total Secured Amounts Drawings (whether arising under this Agreement or under any applicable the general law) shall not be capable of being waived or varied otherwise than by an express waiver or variation in writing; and in particular any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right; any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right; and no act or course of conduct or negotiation on its part or on its behalf shall in any way preclude them it from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 2 contracts

Samples: www.sec.gov, Facility Agreement (Multi Fineline Electronix Inc)

Rights Cumulative; Waivers. The respective rights of the Lender under this Agreement Bond Trustee, the Secured Creditors and any Receiver are cumulative, and may be exercised as often as it considers they consider appropriate and are in addition to its their respective rights under any applicable the general law. The respective rights of the Lender Bond Trustee, the Secured Creditors and any Receiver in relation to the Facilities and/or the Total Secured Amounts this Agreement (whether arising under or pursuant to this Agreement or under any applicable the general law) shall will not be capable of being waived or varied otherwise than by an express waiver or variation in writing; and writing and, in particular particular, any failure to exercise or any delay in exercising any of such rights shall will not operate as a variation or waiver or variation of that or any other such right; any defective or partial exercise of any of such rights shall will not preclude any other or further exercise of that or any other such right; and no act or course of conduct or negotiation on its their part or on its their behalf shall will in any way preclude them from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 2 contracts

Samples: Security Agreement (Scotiabank Covered Bond Guarantor Limited Partnership), Security Agreement (Bank of Nova Scotia /)

Rights Cumulative; Waivers. The rights of the Lender Lessee under this Agreement are cumulative, and may be exercised as often as it considers appropriate and are in addition to its rights under any applicable general law. The rights of the Lender Lessor against the Lessee or in relation to the Facilities and/or the Total Secured Amounts Equipment (whether arising under this Agreement or under any applicable general law) shall not not, as against or in favor of the Lessor, be capable of being waived or varied otherwise than by an express waiver or variation and in writing; and in particular any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right; any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right; and no act or course of conduct or negotiation on its part or on its behalf shall in any way preclude them it from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 1 contract

Samples: Equipment Lease Agreement (Three Five Systems Inc)

Rights Cumulative; Waivers. The rights of the Lender Bank under this Agreement are cumulative, cumulative and may be exercised as often as it may considers appropriate and are in addition to its the rights of the Bank under any applicable law. The rights of the Lender Bank in relation to the Facilities and/or the Total Secured Amounts Facility (whether arising under this Agreement or under any applicable law) shall not be capable of being waived or varied otherwise than by an express expressed waiver or variation in writing; , and in particular any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right; any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right; and no act or course of conduct or negotiation on its the Bank’s part or on its behalf shall in any way preclude them it from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 1 contract

Samples: Property Purchase Agreement

Rights Cumulative; Waivers. The Bank may exercise its rights of the Lender under this Agreement are cumulative, and may be exercised as often as it the Bank considers appropriate appropriate, and are in addition to its the Bank’s rights under any applicable lawApplicable Laws. The rights of the Lender Bank in relation to the Facilities and/or the Total Secured Amounts (whether arising under this Agreement or under any applicable law) laws shall not be capable of being waived or varied otherwise than by an express waiver or variation in writingwriting from the Bank; and in particular particular, any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right; any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right; and no act or course of conduct or negotiation on its the Bank’s part or on its behalf shall in any way preclude them it from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 1 contract

Samples: www.cimbbank.com.my

Rights Cumulative; Waivers. 27. The rights of the Lender Bank under this Agreement are cumulative, and may be exercised as often as it the Bank considers appropriate and are in addition to its rights under any applicable the general law. The rights of the Lender Bank in relation to the Facilities and/or the Total Secured Amounts (whether arising under this Agreement or under any applicable the general law) shall not be capable of being waived or varied otherwise than by an express waiver or variation in writing; and in particular any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right; any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right; and no act or course of conduct or negotiation on its part or on its behalf shall in any way preclude them the Bank from exercising any such right or constitute a suspension or any variation of any such right.. PARTIAL INVALIDITY

Appears in 1 contract

Samples: First Supplemental Agreement (Gt Bicycles Inc)

Rights Cumulative; Waivers. The rights of the Lender under this Agreement are cumulative, and may be exercised as often as it considers they consider appropriate and are in addition to its their rights under any applicable the general law. The rights of the Lender in relation to the Facilities this Facility and/or the Total Secured Amounts Loan (whether arising under this Agreement or under any applicable the general law) shall not be capable of being waived or varied otherwise than by an express waiver or variation in writing; and in particular any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right; any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right; and no act or course of conduct or negotiation on its part or on its behalf shall in any way preclude them it from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 1 contract

Samples: Chung an Investments LTD

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Rights Cumulative; Waivers. 18.1 The rights of the Lender under this Agreement are cumulative, and may be exercised as often as it considers the Lender consider appropriate and are in addition to its Lender’s respective rights under any applicable law. The rights of the Lender in relation to the Facilities and/or the Total Secured Amounts Facility (whether arising under this Agreement or under any applicable law) shall not be capable of being waived or varied otherwise than by an express waiver or variation in writing; writing and in particular any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right; right any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right; right and no act or course of conduct or negotiation on its a Lender’s part or on its behalf shall in any way preclude them it from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 1 contract

Samples: Hanwha Q CELLS Co., Ltd.

Rights Cumulative; Waivers. The rights of the Lender Bank under this Agreement are cumulative, and may be exercised as often as it the Bank considers appropriate appropriate, and are in addition to its the Bank’s rights under any applicable law. The rights of the Lender Bank in relation to the Facilities and/or the Total Secured Amounts (whether arising under this Agreement or under any applicable law) law shall not be capable of being waived or varied otherwise than by an express waiver or variation in writingwriting from the Bank; and in particular particular, any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right; any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right; and no act or course of conduct or negotiation on its the Bank’s part or on its behalf shall in any way preclude them it from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 1 contract

Samples: Agreement

Rights Cumulative; Waivers. The respective rights of the Lender and Paribas under this Agreement are cumulative, and may be exercised as often as it considers they consider appropriate and are in addition to its their respective rights under any applicable the general law. The respective rights of the Lender and Paribas in relation to the Facilities this Facility and/or the Total Secured Amounts Loan (whether arising under this Agreement or under any applicable the general law) shall not be capable of being waived or varied otherwise than by an express waiver or variation in writing; and in particular any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right; any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right; and no act or course of conduct or negotiation on its their part or on its their behalf shall in any way preclude them from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 1 contract

Samples: Loan Agreement (Maxtor Corp)

Rights Cumulative; Waivers. The rights of the Lender Banks under this Agreement are cumulative, and may be exercised as often as it considers they consider appropriate and are in addition to its their respective rights under any applicable the general law. The rights of the Lender Banks in relation to the Facilities and/or the Total Secured Amounts Facility (whether arising under this Agreement or under any applicable the general law) shall not be capable of being waived or varied otherwise than by an express waiver or variation in writing; and in particular any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right; any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right; and no act or course of conduct or negotiation on its their part or on its their behalf shall in any way preclude them from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 1 contract

Samples: Agreement (Bunge LTD)

Rights Cumulative; Waivers. The rights of the Lender Bank under this Agreement are cumulative, and may be exercised as often as it considers appropriate and are in addition to its rights under any applicable the general law. The rights of the Lender Bank in relation to the Facilities this Facility and/or the Total Secured Amounts Loan (whether arising under this Agreement or under any applicable the general law) shall not be capable of being waived or varied otherwise than by an express waiver or variation in writing; and in particular any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right; any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right; and no act or course of conduct or negotiation on its part or on its behalf shall in any way preclude them it from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 1 contract

Samples: Facility Agreement (Multi Fineline Electronix Inc)

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