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

No Deemed Waivers; Remedies Cumulative. No failure or delay on the part of any Agent or any Lender in exercising any right, power or privilege hereunder or under any other Financing Document and no course of dealing between any Loan Party, or any of Borrower’s Affiliates, on the one hand, and any Agent or Lender on the other hand, shall impair any such right, power or privilege or operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Financing Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Financing Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which any party thereto would otherwise have. No notice to or demand on Borrower in any case shall entitle Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of any Agent or any Lender to any other or further action in any circumstances without notice or demand.

Appears in 4 contracts

Samples: Credit Agreement (Global Clean Energy Holdings, Inc.), Credit Agreement (Global Clean Energy Holdings, Inc.), Credit Agreement (Global Clean Energy Holdings, Inc.)

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No Deemed Waivers; Remedies Cumulative. No failure or delay on the part of any Agent or any Lender Purchaser in exercising any right, power or privilege hereunder or under any other Financing Note Document and no course of dealing between any Loan Note Party, or any of Borrowereach Issuer’s Affiliates, on the one hand, and any Agent or Lender Purchaser on the other hand, shall impair any such right, power or privilege or operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Financing Note Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Financing Note Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which any party thereto would otherwise have. No notice to or demand on Borrower any Issuer in any case shall entitle Borrower an Issuer to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of any Agent or any Lender Purchaser to any other or further action in any circumstances without notice or demand.

Appears in 2 contracts

Samples: Note Purchase Agreement (Gauzy Ltd.), Note Purchase Agreement (Gauzy Ltd.)

No Deemed Waivers; Remedies Cumulative. No failure or delay on the part of any Agent or any Lender in exercising any right, power or privilege hereunder or under any other Financing Document and no course of dealing between any the Loan PartyParties, or any of Borrower’s its Affiliates, on the one hand, and any Agent or and Lender on the other hand, shall impair any such right, power or privilege or operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Financing Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Financing Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which any party thereto would otherwise have. No notice to or demand on Borrower any Loan Party in any case shall entitle Borrower any Loan Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of any Agent or any Lender to any other or further action in any circumstances without notice or demand.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (Cheniere Energy Partners, L.P.)

No Deemed Waivers; Remedies Cumulative. No failure or delay on the part of any Agent or any Lender either Party in exercising any right, power or privilege hereunder or under any other Financing Document and no course of dealing between any Loan either Party, or any of Borrower’s its Affiliates, on the one hand, and any Agent or Lender the other Party, on the other hand, shall impair any such right, power or privilege or operate as a waiver thereof; nor nor, except as contemplated by Section 8.4(c) of the EPC Contract in connection with “Substitute Owner Payment Security” and a deemed repayment in full of the Advance Amount hereunder, shall any single or partial exercise of any right, power or privilege hereunder or under any other Financing Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Financing Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which any party either Party thereto would otherwise have. No notice to or demand on Borrower either Party in any case shall entitle Borrower the other Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of any Agent or any Lender such Party to any other or further action in any circumstances without notice or demand.

Appears in 2 contracts

Samples: Credit Agreement (Ormat Technologies, Inc.), Credit Agreement (Ormat Technologies, Inc.)

No Deemed Waivers; Remedies Cumulative. No failure or delay on the part of any Agent Agent, Issuing Lender or any Lender in exercising any right, power or privilege hereunder or under any other Financing Document and no course of dealing between any Loan Party, or any of Borrower’s its Affiliates, on the one hand, and any Agent or Agent, Issuing Lender and Lender on the other hand, shall impair any such right, power or privilege or operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Financing Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Financing Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which any party thereto would otherwise have. No notice to or demand on Borrower any Loan Party in any case shall entitle Borrower any Loan Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of any Agent Agent, Issuing Lender or any Lender to any other or further action in any circumstances without notice or demand.

Appears in 2 contracts

Samples: Credit Agreement (Avangrid, Inc.), Credit Agreement (Avangrid, Inc.)

No Deemed Waivers; Remedies Cumulative. No failure or delay on the part of any Agent or any Lender in exercising any right, power or privilege hereunder or under any other Financing Document and no course of dealing between any Loan Party, or any of BorrowerLoan Party’s Affiliates, on the one hand, and any Agent or Lender on the other hand, shall impair any such right, power or privilege or operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Financing Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Financing Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which any party thereto would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of any Agent or any Lender to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit Agreement (Fuelcell Energy Inc)

No Deemed Waivers; Remedies Cumulative. No failure or delay on the part of any Agent or any Lender in exercising any right, power or privilege hereunder or under any other Financing Document and no course of dealing between any Loan Party, or any of the Borrower’s Affiliates, on the one hand, and any Agent or Lender on the other hand, shall impair any such right, power or privilege or operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Financing Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Financing Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which any party thereto would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of any Agent or any Lender to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Tellurian Inc. /De/)

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No Deemed Waivers; Remedies Cumulative. No failure or delay on the part of any Agent Agent, Issuing Lender or any Lender in exercising any right, power or privilege hereunder or under any other Financing Document and no course of dealing between any the Loan PartyParties, or any of Borrower’s its Affiliates, on the one hand, and any Agent or Agent, Issuing Lender and Lender on the other hand, shall impair any such right, power or privilege or operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Financing Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Financing Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which any party thereto would otherwise have. No notice to or demand on Borrower any Loan Party in any case shall entitle Borrower any Loan Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of any Agent Agent, Issuing Lender or any Lender to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit Agreement (NRG Yield, Inc.)

No Deemed Waivers; Remedies Cumulative. No failure or delay on the part of any Agent Agent, Issuing Lender or any Lender in exercising any right, power or privilege hereunder or under any other Financing Document and no course of dealing between any the Loan PartyParties, or any of Borrower’s its Affiliates, on the one hand, and any Agent or Agent, Issuing Lender and Lender on the other hand, shall impair any such right, power or privilege or operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Financing Document preclude any other or further exercise thereof or the exercise of any Credit Agreement other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Financing Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which any party thereto would otherwise have. No notice to or demand on Borrower any Loan Party in any case shall entitle Borrower any Loan Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of any Agent Agent, Issuing Lender or any Lender to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit Agreement (GenOn Energy, Inc.)

No Deemed Waivers; Remedies Cumulative. No failure or delay on the part of any Loan Party, any Agent or any Lender in exercising any right, power or privilege hereunder or under any other Financing Document and no course of dealing between any Loan Party, or any of Borrower’s Affiliates, on the one hand, and any Agent or any Lender on the other hand, shall impair any such right, power or privilege or operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Financing Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Financing Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which any party thereto would otherwise have. No notice to or demand on Borrower any party hereto in any case shall entitle Borrower such party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of any Agent or any Lender party to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit Agreement (Calumet Specialty Products Partners, L.P.)

No Deemed Waivers; Remedies Cumulative. No failure or delay on the part of any Agent or any Lender in exercising any right, power or privilege hereunder or under any other Financing Document and no course of dealing between any Loan Party, or any of BorrowerLoan Party’s Affiliates, on the one hand, and any Agent or Lender on the other hand, shall impair any such right, power or privilege or operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Financing Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Financing Document 113 expressly provided are cumulative and not exclusive of any rights, powers or remedies which any party thereto would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of any Agent or any Lender to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Credit Agreement (Fuelcell Energy Inc)

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