No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasers, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 209 contracts
Samples: Securities Purchase Agreement (Inpixon), Subsidiary Guarantee (Dih Holding Us, Inc.), Subsidiary Guarantee (Bionano Genomics, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Administrative Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 131 contracts
Samples: Credit Agreement (Cumulus Media Inc), Guarantee and Collateral Agreement (Thermon Group Holdings, Inc.), Guarantee and Collateral Agreement (Air Transport Services Group, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)9.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Administrative Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 17 contracts
Samples: Credit Agreement (Scotts Miracle-Gro Co), Guarantee and Collateral Agreement (Scotts Miracle-Gro Co), Credit Agreement (Scotts Miracle-Gro Co)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)5.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Administrative Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 14 contracts
Samples: Guarantee Agreement (Synopsys Inc), Credit Agreement (Synopsys Inc), Guarantee Agreement (Synopsys Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)6.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Administrative Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 14 contracts
Samples: Credit Agreement (NuStar Energy L.P.), Term Loan Credit Agreement (NuStar Energy L.P.), Credit Agreement (Hanger, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Purchaser shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersPurchaser, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Purchaser of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Purchaser would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 13 contracts
Samples: Subsidiary Guarantee (NightFood Holdings, Inc.), Subsidiary Guarantee (Gaming Technologies, Inc.), Subsidiary Guarantee (Xenetic Biosciences, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)4.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Administrative Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 13 contracts
Samples: First Amendment (Henry Schein Inc), Credit Agreement (AV Homes, Inc.), Credit Agreement (Henry Schein Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Trustee nor any Holder shall not by any act (except by a written instrument pursuant to Section 5(a)3.01), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event event of Defaultdefault. No failure to exercise, nor any delay in exercising, on the part of the PurchasersTrustee or any Holder, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Trustee or any Holder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Trustee or any Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 13 contracts
Samples: Guarantee Agreement, Guarantee Agreement (Ally Us LLC), Guarantee Agreement (Gmac International Holdings B.V.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Lender shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 10 contracts
Samples: Guaranty Agreement (Universal Property Development & Acquisition Corp), Guaranty Agreement (Universal Property Development & Acquisition Corp), Subsidiary Guarantee (Heartland Oil & Gas Corp)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Secured Parties shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersSecured Parties, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Secured Parties of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Secured Parties would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 10 contracts
Samples: Subsidiary Guarantee (Black Cactus Global, Inc.), Subsidiary Guarantee (Biotech Products Services & Research, Inc.), Subsidiary Guarantee (DSG Global Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)3.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Administrative Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 10 contracts
Samples: Guarantee Agreement, Credit Agreement (NBCUniversal Media, LLC), Credit Agreement (Comcast Corp)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)7.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, exercising on the part of the PurchasersAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Administrative Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 8 contracts
Samples: Credit Agreement (Hhgregg, Inc.), Collateral Agreement (Hhgregg, Inc.), Credit Agreement (Tuesday Morning Corp/De)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)4.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Administrative Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 8 contracts
Samples: Credit Agreement (Tapestry, Inc.), Credit Agreement (Ralph Lauren Corp), Credit Agreement (Coach Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Agent shall not by any act (except by a written instrument pursuant to Section 5(a)6.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasers, Agent any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Agent of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Agent would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 8 contracts
Samples: Security Agreement (Cadiz Inc), Security Agreement (Cadiz Inc), Credit Agreement (Cadiz Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers None of the Agents or the Lenders shall not by any act (except by a written instrument pursuant to Section 5(a)9.01), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasersany Agent or Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers any Agent or Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers such Agent or Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 8 contracts
Samples: Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (B. Riley Financial, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)3.01), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Administrative Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 7 contracts
Samples: Term Loan Credit Agreement (NBCUniversal Media, LLC), Guarantee Agreement, Guarantee Agreement
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAgent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 7 contracts
Samples: Security Agreement (Enbridge Energy Partners Lp), Security Agreement (Midcoast Energy Partners, L.P.), Guarantee and Collateral Agreement (Sears Holdings CORP)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Purchaser shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasers, Purchaser any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Purchaser of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Purchaser would otherwise have on any future occasion. The rights and remedies provided herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 6 contracts
Samples: Subsidiary Guarantee (Adamis Pharmaceuticals Corp), Subsidiary Guarantee (Adamis Pharmaceuticals Corp), Subsidiary Guarantee (Casita Enterprises, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Documents, including any Event of DefaultDefault (as defined in the Notes). No failure to exercise, nor any delay in exercising, on the part of the Purchasers, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 6 contracts
Samples: Security Agreement (Giga Tronics Inc), Security Agreement (Giga Tronics Inc), Securities Purchase Agreement (Delcath Systems, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of DefaultDefault (as defined in the Notes). No failure to exercise, nor any delay in exercising, on the part of the Purchasers, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 6 contracts
Samples: Subsidiary Guarantee (Digital Ally, Inc.), Subsidiary Guarantee (Isun, Inc.), Subsidiary Guarantee (CENNTRO ELECTRIC GROUP LTD)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Lender shall not by any act (except by a written instrument pursuant to Section 5(a)4.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, exercising on the part of the PurchasersLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 5 contracts
Samples: Guaranty Agreement (Afp Imaging Corp), Guaranty Agreement (Aftersoft Group), Guaranty Agreement (Ucn Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasers, Purchasers any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers would otherwise have on any future occasion. The rights and remedies provided herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 5 contracts
Samples: Subsidiary Guarantee (AtheroNova Inc.), Subsidiary Guarantee (AtheroNova Inc.), Subsidiary Guarantee (Adamis Pharmaceuticals Corp)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Lenders shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersLenders, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Lenders of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Lenders would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 5 contracts
Samples: Guarantee (Calpian, Inc.), Guarantee (Calpian, Inc.), Guarantee (Excel Corp)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers No Agent or Lender shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers such Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 4 contracts
Samples: Guarantee and Collateral Agreement (Paperweight Development Corp), Guarantee and Collateral Agreement (Paperweight Development Corp), Guarantee and Collateral Agreement (Appleton Papers Inc/Wi)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Administrative Agent nor any Bank shall not by any act (except by a written instrument pursuant to Section 5(a)7.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAdministrative Agent or any Bank, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Administrative Agent or any Bank of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Administrative Agent or such Bank would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 4 contracts
Samples: Security Agreement (Bangor Hydro Electric Co), Pledge Agreement (Centerpoint Energy Inc), Security Agreement (Bangor Hydro Electric Co)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Administrative Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 4 contracts
Samples: Patent Status Report (Tenneco Inc), Credit Agreement (Tenneco Inc), Guarantee and Collateral Agreement (Tenneco Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Secured Parties shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersSecured Parties, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power power, or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power power, or privilege. A waiver by the Purchasers Secured Parties of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Secured Parties would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 4 contracts
Samples: Subsidiary Guarantee (Cardax, Inc.), Subsidiary Guarantee (Helix TCS, Inc.), Subsidiary Guarantee (Helix TCS, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Collateral Agent shall not by any act (except by a written instrument pursuant to Section 5(a)4.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersCollateral Agent, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Collateral Agent of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Collateral Agent would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 4 contracts
Samples: Credit Agreement (Iac/Interactivecorp), Credit Agreement (Iac/Interactivecorp), Credit Agreement (Match Group, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Lender shall not by any act (except by a written instrument pursuant to Section 5(a)7.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasers, Lender any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Union Carbide Corp /New/), Subsidiary Pledge Agreement (Union Carbide Corp /New/), Security Agreement (Union Carbide Corp /New/)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Purchaser shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Agreements or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersPurchaser, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Purchaser of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Purchaser would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 4 contracts
Samples: www.sec.gov, Security Agreement (Polymet Mining Corp), Parent Guarantee (Glencore Holding Ag)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Purchaser shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission omission, or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersPurchaser, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power power, or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power power, or privilege. A waiver by the Purchasers Purchaser of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Purchasers Purchaser would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 4 contracts
Samples: Subsidiary Guarantee (POSITIVEID Corp), Subsidiary Guarantee (POSITIVEID Corp), Subsidiary Guarantee (POSITIVEID Corp)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers No Agent or Lender shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasersany Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers any Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Administrative Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 4 contracts
Samples: Assumption Agreement (Scientific Games Corp), Guarantee and Collateral Agreement (Scientific Games Corp), Guarantee and Collateral Agreement (Scientific Games Corp)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Purchaser shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of DefaultNote. No failure to exercise, nor any delay in exercising, on the part of the PurchasersPurchaser, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Purchaser of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Purchaser would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 3 contracts
Samples: Guaranty (Alzamend Neuro, Inc.), Guaranty (Ault Alliance, Inc.), Guaranty (Ault Alliance, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither Agent nor any Lender shall not by any act (except by a written instrument pursuant to in writing in accordance with Section 5(a)12.9), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default, as applicable. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAgent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (FiscalNote Holdings, Inc.), Credit and Guaranty Agreement (FiscalNote Holdings, Inc.), Loan and Security Agreement (Porch Group, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Holders shall not by any act (except by a written instrument pursuant to Section 5(a)7.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersHolders, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers any Holder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers such Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 3 contracts
Samples: Subsidiary Guaranty (Nexmed Inc), Subsidiary Guaranty (Nexmed Inc), Nexmed Inc
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Lender shall not by any act (except by a written instrument pursuant to Section 5(a)7.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers that Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by lawLaw.
Appears in 3 contracts
Samples: Security Agreement (Franklin Credit Management Corp/De/), Security Agreement (Franklin Credit Management Corp/De/), Security Agreement (Franklin Credit Management Corp/De/)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Security Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersSecurity Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Security Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Security Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 3 contracts
Samples: Convertible Loan Agreement (Time Warner Inc/), Convertible Loan Agreement (Sony Corp), Convertible Loan Agreement (Time Warner Inc/)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Lenders shall not by any act (except by a written instrument pursuant to Section 5(a)5.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersLenders, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Lenders of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Lenders would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 3 contracts
Samples: Assumption Agreement (Anc Rental Corp), Appliedtheory Corp, Appliedtheory Corp
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasers, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 3 contracts
Samples: Subsidiary Guarantee (Dyadic International Inc), Subsidiary Guarantee (Fathom Holdings Inc.), Subsidiary Guarantee (Dolphin Entertainment, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Trustee nor any Holder shall not by any act (except by a written instrument pursuant to Section 5(a)3.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event event of Defaultdefault. No failure to exercise, nor any delay in exercising, on the part of the PurchasersTrustee or any Holder, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Trustee or any Holder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Trustee or any Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 3 contracts
Samples: Guarantee Agreement (Gmac International Holdings B.V.), Guarantee Agreement (Gmac Inc.), Guarantee Agreement (Gmac LLC)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers shall not by any act (except by a written instrument pursuant to Section 5(a4(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasers, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Non Recourse Subsidiary Guarantee (Rodman & Renshaw Capital Group, Inc.), Subsidiary Guarantee (Global Diversified Industries Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Collateral Trustee shall not by any act (except by a written instrument pursuant to Section 5(a)5.01), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Defaulthereunder. No failure to exercise, nor any delay in exercising, on the part of the PurchasersCollateral Trustee, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Collateral Trustee of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Purchasers Collateral Trustee would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Trustee Agreement (Aegis Communications Group Inc), Collateral Trustee Agreement (Warnaco Group Inc /De/)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Lender --------------------------------------------------- shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Lexar Media Inc), Guarantee and Collateral Agreement (V I Technologies Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Holder shall not by any act (except by a written instrument pursuant to Section 5(a)6.1), delay, indulgence, omission or otherwise be deemed to have waived any right right, power or remedy privilege hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersHolder, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Holder of any right right, power or remedy privilege hereunder on any one occasion shall not be construed as a bar to any right right, power or remedy which privilege that the Purchasers Holder would otherwise have on any future occasion. The rights rights, powers and remedies herein privileges hereunder provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or and remedies provided by law.
Appears in 2 contracts
Samples: Guaranty (Avadel Pharmaceuticals PLC), Guaranty (Flamel Technologies Sa)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Subscribers shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersSubscribers, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Subscribers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Subscribers would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Subsidiary Guarantee (Oxford Media, Inc.), Subsidiary Guarantee (Oxford Media, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)7.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAgent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Collateral Agreement (Clarksburg Skylark, LLC), Security Agreement (Elizabeth Arden Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of any of the Purchasersparties, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers would otherwise have on any future occasion. The rights and remedies of the parties herein provided are cumulativecumulative and not alternatives, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Subsidiary Guarantee (Star Energy Corp), Assumption Agreement (Star Energy Corp)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Lender shall not by any act (except by a written instrument pursuant to Section 5(a)4.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, exercising on the part of the PurchasersLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently concurrently, and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Guaranty Agreement (General Environmental Management, Inc), Guaranty Agreement (Clearpoint Business Resources, Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Lender shall not by any act (except by a written instrument pursuant to Section 5(a)7.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Credit Agreement (Curis Inc), Collateral Agreement (Styleclick Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Collateral Agent shall not by any act (except by a written instrument pursuant to Section 5(a)7.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersCollateral Agent, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Collateral Agent of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Collateral Agent would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Credit Agreement (Iac/Interactivecorp), Credit Agreement (Match Group, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither any Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasersany Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers any Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers such Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Imperial Holly Corp), Guarantee and Collateral Agreement (Imperial Holly Corp)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Purchaser nor any Holder shall not by any act (except by a written instrument pursuant to Section 5(a)7.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, exercising on the part of the PurchasersPurchaser or any Holder, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Purchaser or any Holder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Purchaser or such Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Security Agreement (Digital Ally, Inc.), Security Agreement (FaceBank Group, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Agents nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)7.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasersany Agent or Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers any Agent or Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers such Agent or Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Joe's Jeans Inc.), Guarantee and Collateral Agreement (Joe's Jeans Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Bank shall not by any act (except by a written instrument pursuant to Section 5(a)7.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersBank, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Bank of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Bank would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Security Agreement (Elizabeth Arden Inc), Credit Agreement (Elizabeth Arden Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Trustee shall not by any act (except by a written instrument pursuant to Section 5(a)7.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersTrustee, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Trustee of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Purchasers Trustee would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Assignment and Security Agreement (NextWave Wireless LLC), Security Agreement (NextWave Wireless LLC)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Holders shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Notes or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersHolders, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Holders of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Holders would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Subsidiary Guarantee (Unity Wireless Corp), Subsidiary Guarantee (Aduromed Industries, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)3.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Administrative Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Collateral Agreement (Tenneco Inc), Guarantee Agreement (Tenneco Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Holder shall not by any act (except by a written instrument pursuant to Section 5(a)7), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersHolder, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Holder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Collateral Assignment and Security Agreement (Weight Watchers International Inc), Collateral Assignment and Security Agreement (Weight Watchers International Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Agents nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)7.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasersany Agent or Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers any Agent or Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers such Agent or Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by lawlaw or in any other Loan Document.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Independence Contract Drilling, Inc.), Guarantee and Collateral Agreement (Independence Contract Drilling, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Potential Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAgent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Security Agreement (Hovnanian Enterprises Inc), Credit Agreement (Hovnanian Enterprises Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Buyer nor Buyer shall not by any act (except by a written instrument pursuant to Section 5(a7.1 (Amendments in Writing)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersBuyer, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Buyer of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Purchasers Buyer would otherwise have on any future occasion. The rights and remedies herein PLEDGE AND SECURITY AGREEMENT provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Pledge and Security Agreement (KBS Real Estate Investment Trust, Inc.), Pledge and Security Agreement (KBS Real Estate Investment Trust, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Note Holders shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Note Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasersany Note Holder, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Note Holders of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Note Holders would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Subsidiary Guarantee (Scilex Holding Co), Subsidiary Guarantee (Oramed Pharmaceuticals Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Lender shall not by any act (except by a written instrument pursuant to Section 5(a7.1 (Amendments in Writing)), delay, indulgence, omission or otherwise otherwise, be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Purchasers Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Us Concrete Inc), Pledge and Security Agreement (Us Concrete Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Administrative Agent nor any Secured Party shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAdministrative Agent, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Administrative Agent of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Administrative Agent would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by applicable law.
Appears in 2 contracts
Samples: Guarantee and Pledge Agreement (Brookdale Senior Living Inc.), Guarantee and Pledge Agreement (Brookdale Senior Living Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Lender shall not by any act (except by a written instrument pursuant to Section 5(a4(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 2 contracts
Samples: Subsidiary Guarantee (ASTROTECH Corp), Subsidiary Guarantee (ASTROTECH Corp)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Agents nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasersany Agent or Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers any Agent or Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers such Agent or Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Grand Union Co /De/)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasers, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.. Exhibit 10.7
Appears in 1 contract
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Collateral Agent nor any Noteholder shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersCollateral Agent or any Noteholder, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Collateral Agent or any Noteholder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Collateral Agent or such Noteholder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Guarantee and Pledge Agreement (155 East Tropicana, LLC)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Collateral Agent or any Holder shall not by any act (except by a written instrument pursuant to Section 5(a11(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, exercising on the part of the PurchasersCollateral Agent or any Holder, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Collateral Agent or any Holder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Collateral Agent or any Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Security Agreement (Power Medical Interventions, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Security Agent nor the Lender shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersSecurity Agent or the Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Security Agent or the Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Security Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Binc Acquisition Corp)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Lender shall not by any act (except by a written instrument pursuant to Section 5(a7.1 (Amendments)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Purchasers Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Pledge and Security Agreement (BBGP Aircraft Holdings Ltd.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Agents nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchaserseither Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers either Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers such Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Grand Union Co /De/)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Investors shall not by any act (except by a written instrument pursuant to Section toSection 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersInvestors, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Investors of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Investors would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Guaranty (Cyber App Solutions Corp.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers shall not by any act (except by a written instrument pursuant to Section 5(a6(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasers, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Holders shall not by any act (except by a written instrument pursuant to Section 5(a4(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of DefaultDocuments. No failure to exercise, nor any delay in exercising, on the part of the PurchasersHolders, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Holders of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Holders would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Vanco shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Debenture or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersVanco, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Vanco of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Vanco would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Subsidiary Guarantee (Capital Growth Systems Inc /Fl/)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers None of the Secured Persons shall not by any act (except by a written instrument pursuant to Section 5(a)7.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, exercising on the part of the PurchasersAgent or any other Secured Person, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Agent or the Secured Persons of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Agent and the Secured Persons would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by lawApplicable Law or under any other Loan Document.
Appears in 1 contract
Samples: Collateral Agreement (Unifund Financial Technologies, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Trustee shall not by any act (except by a written instrument pursuant to Section 5(aVII(A)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Defaulthereunder. No failure to exercise, nor any delay in exercising, on the part of the PurchasersTrustee, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Trustee of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Trustee would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Pledge and Security Agreement (Bear Island Finance Co Ii)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers shall not by any act (except by a written instrument pursuant to Section 5(a6(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasers, Purchasers any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers would otherwise have on any future occasion. The rights and remedies provided herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Subsidiary Guarantee (LOCAL Corp)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersAgent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Guarantee and Pledge Agreement (155 East Tropicana, LLC)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Lender shall not by any act (except by a written instrument pursuant to Section 5(a7.1 (Amendments)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Purchasers Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, SECURITY AGREEMENT may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Pledge and Security Agreement (Babcock & Brown JET-i Co., Ltd.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Documents, including any Event of DefaultDefault (as defined in the Note). No failure to exercise, nor any delay in exercising, on the part of the Purchasers, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Guaranty (Giga Tronics Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor or any delay in exercising, on the part of the PurchasersAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Administrative Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Department 56 Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers (a) Neither any Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasersany Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers any Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers such Agent or such Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
No Waiver by Course of Conduct; Cumulative Remedies. The Collateral Agent on behalf of the Purchasers shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Documents, including any Event of DefaultDefault (as defined in the Notes). No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent on behalf of itself and the Purchasers, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent on behalf of itself and the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Collateral Agent on behalf of itself and the Purchasers would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Guaranty (BitNile Metaverse, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Lender shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.. 8.4
Appears in 1 contract
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Holders shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Debentures or the Security Agreement or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersHolders, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Holders of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Holders would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Subsidiary Guarantee (Accentia Biopharmaceuticals Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers -------------------------------------------------------- shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasers, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Lender shall not by any act (except by a written instrument pursuant to Section 5(a)4.4), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, exercising on the part of the PurchasersLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Holders shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersHolders, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Holders of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Holders would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Subsidiary Guarantee (Access Integrated Technologies Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Secured Parties shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersSecured Parties, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Secured Parties of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Secured Parties would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Agents and the Lenders shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasersany Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers any Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which such Agent or such Lender, as the Purchasers case may be, would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Kinetic Concepts Inc /Tx/)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers shall not by any act (except by a written instrument pursuant to Section 5(a)5.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasers, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Assumption Agreement (Viragen Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Vendor shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersVendor, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Vendor of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Vendor would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasers, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.. 154
Appears in 1 contract
Samples: Registration Rights Agreement (Attis Industries Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Neither the Collateral Agent nor any of the Secured Parties shall not by any act (except by a written instrument pursuant to Section 5(a)7.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersCollateral Agent, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Secured Parties of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Purchasers Secured Parties would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Pledge and Security Agreement (Stratosphere Leasing, LLC)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Buyer shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersBuyer, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Buyer of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Buyer would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Samples: Subsidiary Guarantee (Zerify, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers No Agent or --------------------------------------------------- Lender shall not by any act (except by a written instrument pursuant to Section 5(a)8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Purchasersany Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers any Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers any Agent or any Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Lender shall not by any act (except by a written instrument pursuant to Section 5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.. (d)
Appears in 1 contract
Samples: Guaranty Agreement guaranty Agreement (Universal Property Development & Acquisition Corp)
No Waiver by Course of Conduct; Cumulative Remedies. The Purchasers Collateral Agent shall not by any act (except by a written instrument pursuant to Section 5(a)7.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any default under the Transaction Documents Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the PurchasersCollateral Agent, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Collateral Agent of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchasers Collateral Agent would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
