Common use of No Deemed Waivers; Remedies Cumulative Clause in Contracts

No Deemed Waivers; Remedies Cumulative. No failure or delay by any party hereto in exercising any right or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the parties to this Agreement hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any party therefrom shall in any event be effective unless the same shall be permitted by Section 7.1(b), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the funding of a Borrowing shall not be construed as a waiver of any Event of Default, regardless of whether the Revolving Credit Note Agent or any Class A-R Noteholder may have had notice or knowledge of such Event of Default at the time.

Appears in 8 contracts

Samples: Credit Note Agreement (CION Investment Corp), Revolving Credit Note Agreement (Investcorp Credit Management BDC, Inc.), Credit Note Agreement (CM Finance Inc)

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No Deemed Waivers; Remedies Cumulative. No failure or delay by any party hereto a Holder in exercising any right or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the parties to this Agreement each Holder hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any party the Issuer therefrom shall in any event be effective unless the same shall be permitted by Section 7.1(b)paragraph (b) of this Section, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the funding making of a Borrowing the Notes shall not be construed as a waiver of any Event of Default, regardless of whether the Revolving Credit Note Agent or any Class A-R Noteholder a Holder may have had notice or knowledge of such Event of Default at the time.

Appears in 4 contracts

Samples: Note Subscription Agreement (Krispy Kreme, Inc.), Note Subscription Agreement (Krispy Kreme, Inc.), Note Subscription Agreement (Krispy Kreme, Inc.)

No Deemed Waivers; Remedies Cumulative. No failure or delay by any party hereto the Participant in exercising any right or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the parties to this Agreement Participant hereunder are cumulative and are not exclusive of any rights or remedies that they it would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any party the Bank or the Servicer therefrom shall in any event be effective unless the same shall be permitted by Section 7.1(b)paragraph (b) of this Section, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the funding entering into of a Borrowing the Participation shall not be construed as a waiver of any Event of Defaultdefault hereunder, regardless of whether the Revolving Credit Note Agent or any Class A-R Noteholder Participant may have had notice or knowledge of such Event of Default default at the time.

Appears in 2 contracts

Samples: Master Participation Agreement (Chase Preferred Capital Corp), Master Participation Agreement (Chase Preferred Capital Corp)

No Deemed Waivers; Remedies Cumulative. No failure or delay by any party hereto Noteholder in exercising any right or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the parties to this Agreement Noteholders hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any party Obligor therefrom shall in any event be effective unless the same shall be permitted by Section 7.1(b)paragraph (b) of this Section, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the funding acceptance of a Borrowing Note shall not be construed as a waiver of any Event of Default, regardless of whether the Revolving Credit Note Agent or any Class A-R Noteholder may have had notice or knowledge of such Event of Default at the time.

Appears in 1 contract

Samples: Note Agreement (Student Advantage Inc)

No Deemed Waivers; Remedies Cumulative. No failure or delay by any party hereto Lender in exercising any right or power hereunder shall under this Agreement or any other Loan Documents will operate as a waiver thereofwaiver, nor shall will any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the parties to Lender under this Agreement hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any party Borrower therefrom shall will in any event be effective unless the same shall will be permitted by Section 7.1(b7.02(b), and then such waiver or consent shall will be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the funding making of a Borrowing shall any Advance will not be construed as a waiver of any Event of Default, regardless of whether the Revolving Credit Note Agent or any Class A-R Noteholder Lender may have had notice or knowledge of such Event of Default at the time.

Appears in 1 contract

Samples: Term Loan Agreement (Strategic Student & Senior Housing Trust, Inc.)

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No Deemed Waivers; Remedies Cumulative. No failure or delay by any party hereto Lender in exercising any right or power hereunder shall under this Agreement will operate as a waiver thereofwaiver, nor shall will any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the parties to Lender under this ​ ​ ​ ​ 34 ​ ​ ​ ​ ​ ​ Agreement hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any party Borrower therefrom shall will in any event be effective unless the same shall will be permitted by Section 7.1(b7.02(b), and then such waiver or consent shall will be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the funding making of a Borrowing shall any Advance will not be construed as a waiver of any Event of Default or Unmatured Default, regardless of whether the Revolving Credit Note Agent or any Class A-R Noteholder Lender may have had notice or knowledge of such Event of Default or Unmatured Default at the time.

Appears in 1 contract

Samples: Construction Loan Agreement (Indus Realty Trust, Inc.)

No Deemed Waivers; Remedies Cumulative. No failure or delay by any party hereto Secured Party Representative or any Lender in exercising any right or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the parties to this Agreement Secured Party Representatives and the Lenders hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any party Borrower Group Company therefrom shall in any event be effective unless the same shall be permitted by Section 7.1(b)paragraph (b) of this Section, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the funding making of a Borrowing Loan shall not be construed as a waiver of any Event of Default, regardless of whether the Revolving Credit Note Agent any Secured Party Representative or any Class A-R Noteholder Lender may have had notice or knowledge of such Event of Default at the time.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Fly Leasing LTD)

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