Common use of Cumulative Remedies; No Waiver Clause in Contracts

Cumulative Remedies; No Waiver. The rights, powers, and remedies of the Administrative Agent or any Bank provided herein or in any Note or other Loan Document are cumulative and not exclusive of any right, power, or remedy provided by law or equity. No failure or delay on the part of the Administrative Agent or any Bank in exercising any right, power, or remedy may be, or may be deemed to be, a waiver thereof; nor may any single or partial exercise of any right, power, or remedy preclude any other or further exercise of any other right, power, or remedy. The terms and conditions of Sections 8.1, 8.2, and 8.3 hereof are inserted for the sole benefit of the Banks and the Administrative Agent may (with the approval of the Required Banks) waive them in whole or in part with or without terms or conditions in respect of any Loan, without prejudicing the Banks’ rights to assert them in whole or in part in respect of any other Loans.

Appears in 7 contracts

Samples: Revolving Loan Agreement (Kb Home), Revolving Loan Agreement (Kb Home), Revolving Loan Agreement (Kb Home)

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Cumulative Remedies; No Waiver. The rights, powers, privileges and remedies of the Administrative Agent or any Bank and the Banks provided herein or in any Note or other Loan Document are cumulative and not exclusive of any right, power, privilege or remedy provided by law Law or equity. No failure or delay on the part of the Administrative Agent or any Bank in exercising any right, power, privilege or remedy may be, or may be deemed to be, a waiver thereof; nor may any single or partial exercise of any right, power, privilege or remedy preclude any other or further exercise of the same or any other right, power, privilege or remedy. The terms and conditions of Sections 8.1, 8.2, and 8.3 Article 8 hereof are inserted for the sole benefit of the Banks Administrative Agent and the Administrative Agent Banks; the same may (with the approval of the Required Banks) waive them be waived in whole or in part part, with or without terms or conditions conditions, in respect of any Loan, Loan without prejudicing the Administrative Agent’s or the Banks’ rights to assert them in whole or in part in respect of any other LoansLoan.

Appears in 4 contracts

Samples: Assignment Agreement (Amgen Inc), Assignment Agreement (Amgen Inc), Assignment Agreement (Amgen Inc)

Cumulative Remedies; No Waiver. The rights, powers, privileges and remedies of the Administrative Agent or any Bank and the Banks provided herein or in any Note or other Loan Document are cumulative and not exclusive of any right, power, privilege or remedy provided by law Law or equity. No failure or delay on the part of the Administrative Agent or any Bank in exercising any right, power, privilege or remedy may be, or may be deemed to be, a waiver thereof; nor may any single or partial exercise of any right, power, privilege or remedy preclude any other or further exercise of the same or any other right, power, privilege or remedy. The terms and conditions of Sections 8.1, 8.2, and 8.3 Article 8 hereof are inserted for the sole benefit of the Banks Administrative Agent and the Administrative Agent Banks; the same may (with the approval of the Required Banks) waive them be waived in whole or in part part, with or without terms or conditions conditions, in respect of any Loan, Loan without prejudicing the Administrative Agent's or the Banks' rights to assert them in whole or in part in respect of any other LoansLoan.

Appears in 3 contracts

Samples: Unsecured Credit Agreement (BioMed Realty Trust Inc), Revolving Loan Agreement (Del Webb Corp), Revolving Loan Agreement (BioMed Realty Trust Inc)

Cumulative Remedies; No Waiver. The rights, powers, and remedies of the Administrative Agent or any Bank provided herein or in any Note or other Loan Document are cumulative and not exclusive of any right, power, or remedy provided by law or equity. No failure or delay on the part of the Administrative Agent or any Bank in exercising any right, power, or remedy may be, or may be deemed to be, a waiver thereof; nor may any single or partial exercise of any right, power, or remedy preclude any other or further exercise of any other right, power, or remedy. The terms and conditions of Sections 8.1, 8.2, and 8.3 hereof are inserted for the sole benefit of the Banks and the Administrative Agent may (with the approval of the Required Majority Banks) waive them in whole or in part with or without terms or conditions in respect of any Loan, without prejudicing the Banks' rights to assert them in whole or in part in respect of any other Loans.

Appears in 2 contracts

Samples: Revolving Loan Agreement (Kaufman & Broad Home Corp), Revolving Loan Agreement (Kb Home)

Cumulative Remedies; No Waiver. The rights, powers, privileges and remedies of the Administrative Agent or any Bank and the Banks provided herein or in any Note or other Loan Document are cumulative and not exclusive of any right, power, privilege or remedy provided by law Law or equity. No failure or delay on the part of the Administrative Agent or any Bank in exercising any right, power, privilege or remedy may be, or may be deemed to be, a waiver thereof; nor may any single or partial exercise of any right, power, privilege or remedy preclude any other or further exercise of the same or any other right, power, privilege or remedy. The terms and conditions of Sections 8.1, 8.2, and 8.3 Article 8 hereof are inserted for the sole benefit of the Banks Administrative Agent and the Administrative Agent Banks; the same may (with the approval of the Required Banks) waive them be waived in whole or in part part, with or without terms or conditions conditions, in respect of any Loan, Loan without prejudicing the Administrative Agent’s or the Banks’ rights to assert them in whole or in part in respect of any other Loans.Loan.‌

Appears in 2 contracts

Samples: Term Loan Credit Agreement, Bridge Credit Agreement

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Cumulative Remedies; No Waiver. The rights, powers, privileges and remedies of the Administrative Agent or any Bank and the Banks provided herein or in any Note or other Loan Document are cumulative and not exclusive of any right, power, privilege or remedy provided by law Law or equity. No failure or delay on the part of the Administrative Agent or any Bank in exercising any right, power, privilege or remedy may be, or may be deemed to be, a waiver thereof; nor may any single or partial exercise of any right, power, privilege or remedy preclude any other or further exercise of the same or any other right, power, privilege or remedy. The terms and conditions of Sections 8.1, 8.2, and 8.3 ARTICLE 8 hereof are inserted for the sole benefit of the Banks Agent and the Administrative Agent Banks; the same may (with the approval of the Required Banks) waive them be waived in whole or in part part, with or without terms or conditions conditions, in respect of any Loan, Loan without prejudicing the Agent's or the Banks' rights to assert them in whole or in part in respect of any other LoansLoan.

Appears in 1 contract

Samples: Loan Agreement (Richey Electronics Inc)

Cumulative Remedies; No Waiver. The rights, powers, and remedies of the Administrative Agent or any Bank provided herein or in any Note or other Loan Document are cumulative and not exclusive of any right, power, or remedy provided by law or equity. No failure or delay on the part of the Administrative Agent or any Bank in exercising any right, power, or remedy may be, or may be deemed to be, a waiver thereof; nor may any single or partial exercise of any right, power, or remedy preclude any other or further exercise of any other right, power, or remedy. The terms and conditions of Sections 8.1, 8.2, and 8.3 hereof are inserted for the sole benefit of the Banks and the Administrative Agent may (with the approval of the Required Banks) waive them in whole or in part with or without terms or conditions in respect of any Loan, without prejudicing the Banks' rights to assert them in whole or in part in respect of any other Loans.

Appears in 1 contract

Samples: Revolving Loan Agreement (Kb Home)

Cumulative Remedies; No Waiver. The rights, powers, and remedies of the Administrative Agent or any Bank provided herein or in any Note or other Loan Document are cumulative and not exclusive of any right, power, or remedy provided by law or equity. No failure or delay on the part of the Administrative Agent or any Bank in exercising any right, power, or remedy may be, or may be deemed to be, a waiver thereof; nor may any single or partial exercise of any right, power, or remedy preclude any other or further exercise of any other right, power, or remedy. The terms and conditions of Sections 8.1, 8.2, 8.3 and 8.3 8.4 hereof are inserted for the sole benefit of the Banks and the Administrative Agent may (with the approval of the Required Banks) waive them in whole or in part with or without terms or conditions in respect of any Loan, without prejudicing the Banks’ rights to assert them in whole or in part in respect of any other Loans.

Appears in 1 contract

Samples: Assignment and Assumption (WCI Communities, Inc.)

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