No Waiver by Course of Conduct; Cumulative Remedies. None of the Collateral Agent, either Administrative Agent or any Lender shall by any act (except by a written instrument pursuant to Section 8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative 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 Collateral Agent, either 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 Collateral Agent, such 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
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any Lenderother Secured Party, 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, either Administrative Agent or any Lender other Secured Party 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, such Administrative Agent or such Lender 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 1 contract
Samples: Guarantee and Collateral Agreement (Lucent Technologies Inc)
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 8.18.1 (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 or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any Lenderother Secured Party, 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, either Administrative Agent or any Lender other Secured Party 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 Collateral Agent, such Administrative Agent or such Lender other Secured Party 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. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender shall by any act (except by a written instrument pursuant to Section 8.17.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, exercising on the part of the Collateral Agent, either Administrative 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 Collateral Agent, either 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 Collateral Agent, such 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
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender shall by any act (except by a written instrument pursuant to Section 8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative 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 Collateral Agent, either 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 Collateral Agent, such 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: Master Guarantee and Collateral Agreement (Key Energy Group Inc)
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender Holder shall by any act (except by a written instrument pursuant to Section 8.19.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any LenderHolder, 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, either Administrative Agent or any Lender 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 Collateral Agent, such Administrative Agent or such Lender 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
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of or Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any Lenderother Secured Party, 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, either Administrative Agent or any Lender other Secured Party 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, such Administrative Agent or such Lender Secured Party 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 (Global Aero Logistics Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender Notes Secured Party shall by any act (except by a written instrument pursuant to Section 8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any LenderNotes Secured Party, 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, either Administrative Agent or any Lender Notes Secured Party 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, such Administrative Agent or such Lender Notes Secured Party 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. None of Neither the --------------------------------------------------- Collateral Agent, either Administrative Agent or nor any Lender shall by any act (except by a written instrument pursuant to Section 8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative 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 Collateral Agent, either 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 Collateral Agent, such 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
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either Administrative Agent or Trustee nor any Lender Secured Party shall by any act (except by a written instrument pursuant to Section 8.19.04), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent Trustee or any LenderSecured Party, and no course of dealing with respect to, any right, power or privilege hereunder hereunder, or any abandonment or discontinuance of steps to enforce such right, power or privilege, 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, either Administrative Agent Trustee or any Lender Secured Party 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, such Administrative Agent Trustee or such Lender Secured Party 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 equity.
Appears in 1 contract
No Waiver by Course of Conduct; Cumulative Remedies. None of the Collateral Agent, either Administrative Agent or any Lender The Secured Parties shall not by any act (except by a written instrument pursuant to Section 8.15(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or default under the Transaction 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, either Administrative Agent or any LenderSecured 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 Collateral Agent, either Administrative Agent or any Lender 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 Collateral Agent, such Administrative Agent or such Lender 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. None of Neither the Collateral Agent, either Agent nor the Administrative Agent or any Lender shall by any act (except by a written instrument pursuant to Section 8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Administrative Agent, either Administrative the Collateral 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 Collateral Administrative Agent, either Administrative the Collateral 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 Collateral Administrative Agent, such Administrative the Collateral 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: Credit Agreement (AV Homes, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither --------------------------------------------------- the Collateral Agent, either Administrative Agent or Trustee nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 8.16.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent Trustee or any Lenderother Secured Party, 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, either Administrative Agent Trustee or any Lender other Secured Party 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, such Administrative Agent Trustee or such Lender other Secured Party 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. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender Secured Party shall by any act (except by a written instrument pursuant to Section 8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of DefaultDefault or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any Lenderother Secured Party, 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, either Administrative Agent or any Lender other Secured Party 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 Collateral Agent, such Administrative Agent or such Lender other Secured Party 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.future
Appears in 1 contract
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 8.17.2), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No delay or failure to exercise, nor any delay in exercising, take action on the part of the Collateral Agent, either Administrative Agent or any Lender, other Secured Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof. No thereof nor shall any single or partial exercise of any such 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, either Administrative Agent or any Lender other Secured Party of any right or remedy hereunder on any one Security Agreement occasion shall not be construed as a bar to any right or remedy which the Collateral Agent, such Administrative Agent or such Lender other Secured Party 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.
Appears in 1 contract
Samples: Security Agreement (Broadview Networks Holdings Inc)
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender Purchaser shall by any act (except by a written instrument pursuant to Section 8.17.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any Lenderholder of Notes, 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, either Administrative Agent or any Lender holder of Notes 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, such Administrative Agent or such Lender holder of Notes 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. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender Secured Creditor shall by any act (except by a written instrument pursuant to Section 8.17.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any LenderSecured Creditor, 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, either Administrative Agent or any Lender Secured Creditor 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, such Administrative Agent or such Lender Secured Creditor 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: Collateral Agreement (Recoton Corp)
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender Collateral Agent shall by any act (except by a written instrument pursuant to Section 8.17.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any LenderCollateral 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 Collateral Agent, either Administrative Agent or any Lender the 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 Collateral Agent, such Administrative Agent or such Lender the 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: Subordinated Pledge and Security Agreement (Opticare Health Systems Inc)
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender Secured Creditor shall by any act (except by a written instrument pursuant to Section 8.19.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of DefaultDefault under any Credit Agreement. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any LenderSecured Creditor, 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, either Administrative Agent or any Lender Secured Creditor 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, such Administrative Agent or such Lender Secured Creditor 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: And Collateral Agreement (Bally Total Fitness Holding Corp)
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender Secured Party shall by any act (except by a written instrument pursuant to Section 8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any Lender, Secured Party 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, either Administrative Agent any Lender or any Bridge Loan 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 Collateral Agent, such Administrative Agent or such Lender Secured Party 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. None of Neither the --------------------------------------------------- Collateral Agent, either Administrative Agent or nor any Lender Secured Party shall by any act (except by a written instrument pursuant to Section 8.1), delay, indulgence, omission or otherwise be ----------- deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any LenderSecured Party, 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, either Administrative Agent or any Lender Secured Party 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, such Administrative Agent or such Lender Secured Party 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 (Edison Mission Energy)
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either Administrative Agent or Trustee nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 8.17.1 (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 or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or Trustee any Lenderother Secured Party, 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, either Administrative Agent Trustee or any Lender other Secured Party 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 Collateral Agent, such Administrative Agent Trustee or such Lender other Secured Party 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 (Warnaco Group Inc /De/)
No Waiver by Course of Conduct; Cumulative Remedies. None of the Collateral Agent, either Administrative Neither any Agent or nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 8.111.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any First Lien Default, Second Lien Default, First Lien Event of Default or Second Lien Event of Default, as applicable. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative any Agent or any Lenderother Secured Party, 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, either Administrative any Agent or any Lender other Secured Party 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, such Administrative Agent or such Lender other Secured Party 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. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender Bank shall by any act (except by a written instrument pursuant to Section 8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any LenderBank, 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, either Administrative Agent or any Lender 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 Collateral Agent, such Administrative Agent or such Lender 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.. 134 18
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Loral Space & Communications LTD)
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender other Senior Secured Party shall by any act (except by a written instrument pursuant to Section 8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of DefaultDefault under any Senior Secured Document. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any Lenderother Senior Secured Party, 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, either Administrative Agent or any Lender Senior Secured Party 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, such Administrative Agent or such Lender Senior Secured Party 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. None of the Common Collateral Agent, either Administrative Agent or any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 8.19.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Common Collateral Agent, either Administrative Agent or any Lenderother Secured Party, 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 Common Collateral Agent, either Administrative Agent or any Lender other Secured Party 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 Common Collateral Agent, such Administrative Agent or such Lender other Secured Party 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. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 8.18.1 above), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any LenderSecured Party, 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, either Administrative Agent or any Lender other Secured Party 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, such Administrative Agent or such Lender Secured Party 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 (Affinity Gaming)
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender Secured Party shall by any act (except by a written instrument pursuant to Section 8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Actionable Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any LenderSecured Party, 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, either Administrative Agent or any Lender Secured Party 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, such Administrative Agent or such Lender Secured Party 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. None of Neither the Collateral Administrative Agent, either Administrative the Pari Passu Collateral Agent or nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Administrative Agent, either Administrative the Pari Passu Collateral Agent or any Lenderother Secured Party, 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 Administrative Agent, either Administrative the Pari Passu Collateral Agent or any Lender other Secured Party 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 Administrative Agent, such Administrative the Pari Passu Collateral Agent or such Lender other Secured Party 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 (Revlon Inc /De/)
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender Bank shall by any act (except by a written instrument pursuant to Section 8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any LenderBank, 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, either Administrative Agent or any Lender 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 Collateral Agent, such Administrative Agent or such Lender 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 1 contract
Samples: Guarantee and Collateral Agreement (Bally Total Fitness Holding Corp)
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the ABL Collateral Agent, either Administrative Agent or nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 8.1subsection 9.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the ABL Collateral Agent, either Administrative Agent or any Lenderother Secured Party, 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 ABL Collateral Agent, either Administrative Agent or any Lender other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the ABL Collateral Agent, such Administrative Agent or such Lender other Secured Party 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 (Great North Imports, LLC)
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender other Guaranteed Party shall by any act (except by a written instrument pursuant to Section 8.18.1 hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any Lenderother Guaranteed Party, 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, either Administrative Agent or any Lender other Guaranteed Party 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, such Administrative Agent or such Lender other Guaranteed Party 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 (Purina Mills Inc)
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default, as applicable. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any Lenderother Secured Party, 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, either Administrative Agent or any Lender other Secured Party 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, such Administrative Agent or such Lender other Secured Party 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.. Guarantee & Collateral Agreement
Appears in 1 contract
Samples: Credit Agreement (Xcerra Corp)
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default, Event of Default or Event of DefaultCash Collateral Event. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any Lenderother Secured Party, 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, either Administrative Agent or any Lender other Secured Party 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, such Administrative Agent or such Lender 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 1 contract
Samples: Guarantee and Collateral Agreement (Lucent Technologies Inc)
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any Lenderother Secured Party, 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, either Administrative Agent or any Lender other Secured Party 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, such 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 (Lucent Technologies Inc)
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender Holder shall by any act (except by a written instrument pursuant to Section 8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, exercising on the part of the Collateral Agent, either Administrative Agent or any LenderHolder, 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, either Administrative Agent or any Lender 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 Collateral Agent, such Administrative Agent or such Lender 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
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 8.1), delay, indulgence, and omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default, as applicable. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any Lenderother Secured Party, 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, either Administrative Agent or any Lender other Secured Party 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, such Administrative Agent or such Lender other Secured Party 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 (Extreme Networks Inc)
No Waiver by Course of Conduct; Cumulative Remedies. None of the Collateral Agent, either Administrative Agent or any Lender shall by any act (except by a written instrument pursuant to Section 8.17.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative 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 Collateral Agent, either 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 Collateral Agent, such 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
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender Secured Party shall by any act (except by a written instrument pursuant to Section 8.1subsection 11.1 hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any LenderSecured Party, 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, either Administrative Agent or any Lender Secured Party 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, such Administrative Agent or such Lender Secured Party 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: Master Security Agreement (Service Merchandise Co Inc)
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender other Credit Party shall by any act (except by a written instrument pursuant to Section 8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any Lenderother Credit Party, 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, either Administrative Agent or any Lender other Credit Party 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, such Administrative Agent or such Lender other Credit Party 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. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender Secured Creditor shall by any act (except by a written instrument pursuant to Section 8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any LenderSecured Creditor, 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, either Administrative Agent or any Lender Secured Creditor 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, such Administrative Agent or such Lender Secured Creditor 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: Credit Agreement (Hanger, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either Administrative Agent or Trustee nor any Lender Indenture Secured Party shall by any act (except by a written instrument pursuant to Section 8.17.01), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent Trustee or any LenderIndenture Secured Party, 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, either Administrative Agent Trustee or any Lender Indenture Secured Party 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, such Administrative Agent Trustee or such Lender Indenture Secured Party 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: Collateral Agreement (Tenneco Inc)
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 8.19.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any Lenderother Secured Party, 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, either Administrative Agent or any Lender other Secured Party 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, such Administrative Agent or such Lender other Secured Party 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 (Paxson Communications Corp)
No Waiver by Course of Conduct; Cumulative Remedies. None of the The Collateral AgentAgent shall not, either Administrative Agent or any Lender shall and no other Secured Party shall, by any act (except by a written instrument pursuant to Section 8.17.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any Lenderother Secured Party, 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, either Administrative Agent or any Lender other Secured Party 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 Collateral Agent, such Administrative Agent or such Lender other Secured Party would otherwise have on any future occasion. The rights and remedies remdies 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 (Wendy's/Arby's Group, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either Administrative Agent or Trustee nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 8.18.1 hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent Trustee or any Lenderother Secured Party, 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, either Administrative Agent Trustee or any Lender other Secured Party 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, such Administrative Agent Trustee or such Lender other Secured Party 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 (SAExploration Holdings, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Notes Collateral Agent, either Administrative Agent or nor any Lender Secured Party shall by any act (except by a written instrument pursuant to Section 8.17.1 hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Notes Collateral Agent, either Administrative Agent or any LenderSecured Party, 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 Notes Collateral Agent, either Administrative Agent or any Lender Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Notes Collateral Agent, such Administrative Agent or such Lender Secured Party 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. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender Secured Party shall by any act (except by a written instrument pursuant to Section 8.111.2), delay, indulgence, and omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default default or Event event of Default. default under the Note Documents No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any LenderSecured Party, any right, power or privilege hereunder or under any other Note Document shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder or under any other Note Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent, either Administrative Agent or any Lender Secured Party 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 Collateral Agent, such Administrative Agent or such Lender Secured Party 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. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 8.16.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any Lenderother Secured Party, 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, either Administrative Agent or any Lender other Secured Party 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, such Administrative Agent or such Lender other Secured Party 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. None of the The Collateral AgentAgent shall not, either Administrative Agent or any Lender shall and no other Secured Party shall, by any act (except by a written instrument pursuant to Section 8.17.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any Lenderother Secured Party, 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, either Administrative Agent or any Lender other Secured Party 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 Collateral Agent, such Administrative Agent or such Lender other Secured Party 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 (Wendy's/Arby's Group, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either Administrative Agent or Trustee nor any Lender Secured Party shall by any act (except by a written instrument pursuant to Section 8.17.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Defaultdefault giving rise to an Acceleration Notice. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent Trustee or any LenderSecured Party, 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, either Administrative Agent Trustee or any Lender Secured Party 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, such Administrative Agent Trustee or such Lender Secured Party 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. None of the Collateral Agent, either Administrative Agent or any Lender or the PBGC shall by any act (except by a written instrument pursuant to Section 8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent any Lender or any Lenderthe PBGC, 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, either Administrative Agent or any Lender or the PBGC 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, such Administrative Agent Lender or such Lender the PBGC 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. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender Secured Party shall by any act (except by a written instrument pursuant to Section 8.111.2), delay, indulgence, and omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default default or Event event of Defaultdefault under the Note Documents. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any LenderSecured Party, any right, power or privilege hereunder or under any other Note Document shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder or under any other Note Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent, either Administrative Agent or any Lender Secured Party 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 Collateral Agent, such Administrative Agent or such Lender Secured Party 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: Note Security Agreement (Cellu Tissue Holdings, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender Secured Creditor shall by any act (except by a written instrument pursuant to Section 8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of DefaultDefault under any Credit Agreement. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any LenderSecured Creditor, 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, either Administrative Agent or any Lender Secured Creditor 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, such Administrative Agent or such Lender Secured Creditor 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 (West Village Gym at the Archives LLC)
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either --------------------------------------------------- Administrative Agent or nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any Lenderother Secured Party, 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, either Administrative Agent or any Lender other Secured Party 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, such Administrative Agent or such Lender other Secured Party 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. None Neither of the Term Collateral Agent, either Administrative Agent or nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 8.1subsection 9.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Term Collateral Agent, either Administrative Agent or any Lenderother Secured Party, 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 Term Collateral Agent, either Administrative Agent or any Lender other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Term Collateral Agent, such Administrative Agent or such Lender other Secured Party 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 (Great North Imports, LLC)
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 8.1)12.02, delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any Lenderother Secured Party, 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, either Administrative Agent or any Lender other Secured Party 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, such Administrative Agent or such Lender other Secured Party 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. None of the Note Collateral Agent, either Administrative Agent or any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 8.1Subsection 9.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Note Collateral Agent, either Administrative Agent or any Lenderother Secured Party, 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 Note Collateral Agent, either Administrative Agent or any Lender other Secured Party 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 Note Collateral Agent, such Administrative Agent or such Lender other Secured Party 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: Notes Collateral Agreement (Cornerstone Building Brands, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender shall by any act (except by a written instrument pursuant to Section 8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default failure by the Pledgor, the Guarantor, the Additional Grantor or Event of Defaultthe Borrower to perform, comply or observe any term, covenant or agreement applicable to it contained in any Loan Document. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative 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 Collateral Agent, either 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 Collateral Agent, such 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 Pledge Agreement (Linsang Partners LLC)
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 8.17.1), delay, indulgence, and omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default, as applicable. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any Lenderother Secured Party, 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, either Administrative Agent or any Lender other Secured Party 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, such Administrative Agent or such Lender other Secured Party 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 (Extreme Networks Inc)
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either Administrative Agent or Trustee nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 8.17.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent Trustee or any Lenderother Secured Party, 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, either Administrative Agent Trustee or any Lender other Secured Party 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, such Administrative Agent Trustee or such Lender other Secured Party 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: Collateral Trust Agreement (Chesapeake Energy Corp)
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender Bank shall by any act (except by a written instrument pursuant to Section 8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any LenderBank, 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, either Administrative Agent or any Lender 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 Collateral AgentAdministrative Agent or, such Administrative Agent or such Lender 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 1 contract
Samples: Guarantee Agreement (Loral Space & Communications LTD)
No Waiver by Course of Conduct; Cumulative Remedies. None of Neither the Collateral Agent, either Administrative Agent or nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 8.17.2), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No delay or failure to exercise, nor any delay in exercising, take action on the part of the Collateral Agent, either Administrative Agent or any Lender, other Secured Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof. No thereof nor shall any single or partial exercise of any such 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, either Administrative Agent or any Lender other Secured Party 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, such Administrative Agent or such Lender other Secured Party 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.
Appears in 1 contract
Samples: Collateral Agreement (Broadview Networks Holdings Inc)
No Waiver by Course of Conduct; Cumulative Remedies. None of the Collateral Agent, either Administrative Agent or any Lender other Secured Party shall by any act (except by a written instrument pursuant to Section 8.1Subsection 9.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any Lenderother Secured Party, 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, either Administrative Agent or any Lender other Secured Party 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 Collateral Agent, such Administrative Agent or such Lender other Secured Party 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.. 9.4
Appears in 1 contract
