Common use of No Waiver of Remedies Clause in Contracts

No Waiver of Remedies. The failure or delay by (i) the Postpetition Lender to seek relief or otherwise exercise its rights and remedies under this Interim Order, the Postpetition Credit Agreement or any other Postpetition Financing Documents or (ii) any of the Prepetition Agent or the Prepetition Lenders to seek relief or otherwise exercise its rights and remedies under this Interim Order shall not constitute a waiver of any of the rights of such Postpetition Lender, Prepetition Agent or Prepetition Lender hereunder, thereunder or otherwise, and any single or partial exercise of such rights and remedies against the Borrower or the Guarantor or any Postpetition Collateral or Prepetition Collateral shall not be construed to limit any further exercise of such rights and remedies against any or all of the Borrower or the Guarantor and/or any Postpetition Collateral or Prepetition Collateral.

Appears in 7 contracts

Samples: Credit Agreement (Verasun Energy Corp), Credit Agreement (Verasun Energy Corp), Credit Agreement (Verasun Energy Corp)

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No Waiver of Remedies. The failure or delay by (i) the Postpetition Lender to seek relief or otherwise exercise its rights and remedies under this Interim Final Order, the Postpetition Credit Agreement DIP Financing Term Sheet or any other Postpetition Financing Documents or (ii) any of the Prepetition Agent or the Prepetition Lenders to seek relief or otherwise exercise its rights and remedies under this Interim Final Order shall not constitute a waiver of any of the rights of such Postpetition Lender, Prepetition Agent or Prepetition Lender hereunder, thereunder or otherwise, and any single or partial exercise of such rights and remedies against the Borrower or the Guarantor or any Postpetition Collateral or Prepetition Collateral shall not be construed to limit any further exercise of such rights and remedies against any or all of the Borrower or the Guarantor and/or any Postpetition Collateral or Prepetition Collateral.

Appears in 6 contracts

Samples: Verasun Energy Corp, Verasun Energy Corp, Verasun Energy Corp

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No Waiver of Remedies. The failure or delay by (i) the Postpetition Lender to seek relief or otherwise exercise its rights and remedies under this Interim Order, the Postpetition Credit Agreement DIP Financing Term Sheet or any other Postpetition Financing Documents Documents, or (ii) any either of the Prepetition Agent or the Prepetition Lenders Lender to seek relief or otherwise exercise its rights and remedies under this Interim Order Order, shall not constitute a waiver of any of the rights of such Postpetition Lender, Prepetition Agent or Prepetition Lender hereunder, thereunder or otherwise, and any single or partial exercise of such rights and remedies against the Borrower or the Guarantor or any Postpetition Collateral or Prepetition Collateral shall not be construed to limit any further exercise of such rights and remedies against any or all of the Borrower or the Guarantor and/or any Postpetition Collateral or Prepetition Collateral.

Appears in 1 contract

Samples: Verasun Energy Corp

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