No Waiver by Course of Conduct; Cumulative Remedies. The Administrative Agent shall not by any act (except by a written instrument pursuant to Section 4.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default. No failure to exercise, nor any delay in exercising, on the part of the Administrative 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 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 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 law.
Appears in 1 contract
No Waiver by Course of Conduct; Cumulative Remedies. The Administrative Agent Bank shall not by any act (except by a written instrument pursuant to in writing in accordance with Section 4.112.8), 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 Administrative AgentBank, 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 Administrative Agent 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 Administrative Agent 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: Loan and Security Agreement (PROCEPT BioRobotics Corp)
No Waiver by Course of Conduct; Cumulative Remedies. The Administrative Agent Holder shall not by any act (except by a written instrument pursuant to Section 4.17.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Administrative AgentHolder, 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 Administrative Agent 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 Administrative Agent 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 and remedies provided by law.
Appears in 1 contract
No Waiver by Course of Conduct; Cumulative Remedies. The Administrative Agent Holders shall not by any act (except by a written instrument pursuant to Section 4.16.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Administrative AgentHolders, 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 Administrative Agent 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 Administrative Agent 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 1 contract
Samples: Guaranty (Ants Software Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Administrative Agent Holder shall not by any act (except by a written instrument pursuant to Section 4.16.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Administrative AgentHolder, 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 Administrative Agent 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 Administrative Agent 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: Guaranty (Ants Software Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Administrative Agent Lender shall not by any act (except by a written instrument pursuant to Section 4.15.1), 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 Administrative AgentLender, 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 Administrative Agent 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 Administrative Agent 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 Administrative Agent No Lender shall not by any act (except by a written instrument pursuant to Section 4.15.1), 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 Administrative Agentany 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 Administrative Agent 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 Administrative Agent 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
Samples: Guarantee Agreement (New World Restaurant Group Inc)
No Waiver by Course of Conduct; Cumulative Remedies. The Administrative Agent Grantee shall not by any act (except by a written instrument pursuant to Section 4.18.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Administrative AgentGrantee, 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 Administrative Agent Grantee of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent Grantee 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 Administrative Agent shall not by any act (except by a written instrument pursuant to Section 4.17.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Event of Default. No failure to exercise, nor any delay in exercising, exercising on the part of the Administrative 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 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 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 law.
Appears in 1 contract
Samples: Security Agreement (H-Cyte, Inc.)
No Waiver by Course of Conduct; Cumulative Remedies. The Administrative Agent shall not by any act (except by a written instrument pursuant to Section 4.1)No act, delay, indulgenceindulgence or omission of the Collateral Agent, omission or otherwise otherwise, be deemed to have waived any right or remedy hereunder or to have acquiesced in any Defaultdefault hereunder or under the ABL Credit Agreement or any other Loan Document. No failure to exercise, nor any delay in exercising, on the part of the Administrative Collateral 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 Administrative 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 Administrative Agent such Person 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 Administrative Agent shall not No waiver by any act (except party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written instrument pursuant to Section 4.1)waiver, delaywhether of a similar or different character, indulgence, omission and whether occurring before or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Defaultafter that waiver. No failure to exercise, nor any or delay in exercising, on the part of the Administrative Agent, any right, remedy, power or privilege hereunder arising from this Agreement shall operate or be construed as a waiver thereof. No , and no single or partial exercise of any right, remedy, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. A waiver by the 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 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 law.
Appears in 1 contract
No Waiver by Course of Conduct; Cumulative Remedies. The Administrative Agent Trinity shall not by any act (except by a written instrument pursuant to in accordance with Section 4.15.01), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Sponsor Payment Guaranty Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Administrative AgentTrinity, 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 Administrative Agent Trinity of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent Trinity 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: Anadarko Petroleum Corp
No Waiver by Course of Conduct; Cumulative Remedies. The Administrative Agent No Party shall not by any act (except by a written instrument pursuant to Section 4.18.1), 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 Administrative AgentHoldings, 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 Administrative Agent Holdings of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent Holdings 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 and Guarantee Agreement (Aspirity Holdings LLC)
No Waiver by Course of Conduct; Cumulative Remedies. The Administrative Agent Lender shall not by any act (except by a written instrument pursuant to Section 4.1instrument), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Administrative AgentLender, 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 Administrative Agent 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 Administrative Agent 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 Administrative Agent Holder shall not by any act (except by a written instrument pursuant to Section 4.16.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Administrative AgentHolder, 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 Administrative Agent 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 Administrative Agent 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 1 contract
Samples: Nexaira Wireless Inc.