No Waiver; Remedies Cumulative. No failure or delay on the part of the Agent or any Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any Credit Party and the Agent or any Bank shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the Agent or any Bank would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Agent or the Banks to any other or further action in any circumstances without notice or demand.
Appears in 11 contracts
Samples: Credit Agreement (Federal Data Corp /Fa/), Credit Agreement (Labtec Inc /Ma), Credit Agreement (McMS Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any Credit Party and the Administrative Agent or any Bank shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Bank would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Banks to any other or further action in any circumstances without notice or demand.
Appears in 11 contracts
Samples: Credit Agreement (Nutraceutical International Corp), Credit Agreement (Nutraceutical International Corp), Credit Agreement (Nutraceutical International Corp)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Agent or any Bank Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any Credit Party and the Agent or any Bank Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein expressly provided are cumulative and not exclusive of any rights or remedies which the Agent or any Bank Lender would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Agent or the Banks Lenders to any other or further action in any circumstances without notice or demand.
Appears in 9 contracts
Samples: Credit Agreement (Apria Healthcare Group Inc), Credit Agreement (Chattem Inc), Credit Agreement (Chattem Canada Holdings Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Agent or any Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any Credit Party and the Agent or any Bank shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power power, or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the Agent or any Bank would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Agent or the Banks to any other or further action in any circumstances without notice or demand.
Appears in 4 contracts
Samples: Credit Agreement (Styling Technology Corp), Securities Pledge Agreement (Carson Inc), Credit Agreement (Wheels Sports Group Inc)
No Waiver; Remedies Cumulative. No failure or delay on the ------------------------------ part of the Agent or any Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any Credit Party and the Agent or any Bank shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the Agent or any Bank would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Agent or the Banks to any other or further action in any circumstances without notice or demand.
Appears in 4 contracts
Samples: Credit Agreement (Collins & Aikman Floor Coverings Inc), Credit Agreement (Wesley Jessen Holding Inc), Credit Agreement (Wesley Jessen Visioncare Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the any Agent or any Bank Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any Credit Party and the either Agent or any Bank Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the either Agent or any Bank Lender would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Agent Agents or the Banks Lenders to any other or further action in any circumstances without notice or demand.
Appears in 4 contracts
Samples: Credit Agreement (National Tobacco Co Lp), Credit Agreement (National Tobacco Co Lp), Loan Agreement (Starwood Hotel & Resorts Worldwide Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part ------------------------------ of the Agent or any Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any Credit Party and the Agent or any Bank shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the Agent or any Bank would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Agent or the Banks to any other or further action in any circumstances without notice or demand.
Appears in 3 contracts
Samples: Credit Agreement (Physicians Quality Care Inc), Credit Agreement (SMT Health Services Inc), Credit Agreement (Dade International Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the any Agent or any Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any Credit Party and the any Agent or any Bank shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the any Agent or any Bank would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Agent Agents or the Banks to any other or further action in any circumstances without notice or demand.
Appears in 3 contracts
Samples: Credit Agreement (Alliance Imaging Inc /De/), Credit Agreement (Safelite Glass Corp), Credit Agreement (Alliance Imaging Inc /De/)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any Credit Party and the Administrative Agent or any Bank shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power power, or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the Agent Agents or any Bank would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Agent Agents or the Banks to any other or further action in any circumstances without notice or demand.
Appears in 3 contracts
Samples: Credit Agreement (MMH Holdings Inc), Credit Agreement (Morris Material Handling Inc), Assignment and Assumption Agreement (MMH Holdings Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Agent or any Bank Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any of the Credit Party and the Agent or any Bank Parties shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein expressly provided are cumulative and not exclusive of any rights or remedies which the Agent or any Bank Lender would otherwise have. No notice to or demand on any Credit Party in any case shall entitle the Borrower or any other Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Agent or the Banks Lenders to any other or further action in any circumstances without notice or demand.
Appears in 3 contracts
Samples: Credit Agreement (Hunt Manufacturing Co), Credit Agreement (Genicom Corp), Credit Agreement (Genicom Corp)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Agent or any Bank Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any Credit Party and the Agent or any Bank Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein expressly provided are cumulative and not exclusive of any rights or remedies which the Agent or any Bank Lender would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Agent or the Banks Lenders to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Promus Hotel Corp), Credit Agreement (Promus Hotel Corp)
No Waiver; Remedies Cumulative. No failure or delay on ------------------------------ the part of the Agent or any Bank Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any Credit Party and the Agent or any Bank Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the Agent or any Bank Lender would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Agent or the Banks Lenders to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Graphic Controls Corp), Credit Agreement (Graphic Controls Corp)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Bank Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any of the Credit Party and the Agent or any Bank Parties shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein expressly provided are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Bank Lender would otherwise have. No notice to or demand on any Credit Party in any case shall entitle the Borrowers or any other Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Banks Lenders to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Speedway Motorsports Inc), Credit Agreement (Inex Corp)
No Waiver; Remedies Cumulative. No failure or delay on the part of the any Agent or any Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any Credit Party and the any Agent or any Bank shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power power, or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the any Agent or any Bank would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the any Agent or the Banks to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Urohealth Systems Inc), Credit Agreement (Wells Aluminum Corp)
No Waiver; Remedies Cumulative. No failure or delay on the ------------------------------ part of the any Agent or any Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any Credit Party and the any Agent or any Bank shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the any Agent or any Bank would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Agent Agents or the Banks to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Building One Services Corp), Credit Agreement (Alliance Imaging Inc /De/)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Agent or any Bank Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any Credit Party and the Agent or any Bank Lender and any of the Credit Parties shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein expressly provided are cumulative and not 113 exclusive of any rights or remedies which the Agent or any Bank Lender would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any the Credit Party Parties to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Agent or the Banks Lenders to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Mg Waldbaum Co), Credit Agreement (Mg Waldbaum Co)
No Waiver; Remedies Cumulative. No failure or delay on the part of the any Agent or any Bank Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any Credit Party and the any Agent or any Bank Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the any Agent or any Bank Lender would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the any Agent or the Banks any Lender to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (RBS Global Inc), Credit Agreement (Winfred Berg Licensco Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the either Agent or any Bank Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any Credit Party and the either Agent or any Bank Lender and any of the Credit Parties shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein expressly provided are cumulative and not exclusive of any rights or remedies which the either Agent or any Bank Lender would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any the Credit Party Parties to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Agent Agents or the Banks Lenders to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Take Two Interactive Software Inc), Credit Agreement (Take Two Interactive Software Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the any Agent or any Bank Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any Credit Party and the any Agent or any Bank Lender shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the any Agent or any Bank Lender would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the any Agent or the Banks any Lender to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Exide Technologies), Credit Agreement (Exide Technologies)
No Waiver; Remedies Cumulative. No failure or delay on the part of the any Agent or any Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any Credit Party and the Agent or any Bank and any of the Credit Parties shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein expressly provided are cumulative and not exclusive of any rights or remedies which the any Agent or any Bank would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any the Credit Party Parties to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Agent Agents or the Banks to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Owens & Minor Inc/Va/), Credit Agreement (Owens & Minor Inc/Va/)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Agent or any Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any Credit Party and the Agent or any Bank and any of the Credit Parties shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein expressly provided are cumulative and not exclusive of any rights or remedies which the Agent or any Bank would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any the Credit Party Parties to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Agent or the Banks to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure or delay on the part of the Agent or any Bank Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any Credit Party and the Agent or any Bank Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the Agent or any Bank Lender would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Agent or the Banks Lenders to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: American Pad & Paper Co
No Waiver; Remedies Cumulative. No failure or delay on the part of the Agent or any Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any Credit Party and the Agent or any Bank shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power power, or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the Agent or any Bank would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances circum- stances or constitute a waiver of the rights of the Agent or the Banks to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure or delay on the ------------------------------ part of the any Agent or any Bank Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any Credit Party and the any Agent or any Bank Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the any Agent or any Bank Lender would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Agent Agents or the Banks Lenders to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Hci Direct Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part ------------------------------ of the Agent or any Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any Credit Party and the Agent or any Bank shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the Agent or any Bank would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Agent or the Banks to any other or further action in any circumstances circum stances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Alliance Imaging of Michigan Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the any Agent or any Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any Credit Party and the any Agent or any Bank shall -106- 114 operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the any Agent or any Bank would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Agent Agents or the Banks to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure or delay on the part of the Agent or any Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any Credit Party ATel and the Agent or any Bank shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power power, or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the Agent or any Bank would otherwise have. No notice to or demand on any Credit Party ATel in any case shall entitle any Credit Party ATel to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Agent or the Banks to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Securities Pledge Agreement (American Telecasting Inc/De/)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Agent or any Bank Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any Credit Party and the Agent or any Bank Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power power, or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the Agent or any Bank Lender would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Agent or the Banks Lenders to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Revolving Intercreditor Agreement (Frederick's of Hollywood Group Inc /Ny/)
No Waiver; Remedies Cumulative. No failure or delay on the ------------------------------ part of the Agent or any Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any Credit Party and the Agent or any Bank shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the Agent or any Bank would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute con- stitute a waiver of the rights of the Agent or the Banks to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure or delay on the part of the any Agent or any Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any Credit Party and the any Agent or any Bank shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the any Agent or any Bank would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Agent Agents or the Banks to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Fisher Scientific International Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any Credit Party and the either Agent or any Bank shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the each Agent or any Bank would otherwise have. No notice to or demand on any Credit Party -102- 109 in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Agent Agents or the Banks to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure or delay on the part of the Agent or any Bank Lender in exercising any right, power or privilege hereunder or under any other Credit Loan Document and no course of dealing between any Credit Party and the Agent or any Bank Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Loan Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the Agent or any Bank Lender would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Agent or the Banks Lenders to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Peebles Inc)
No Waiver; Remedies Cumulative. No failure or delay on the ------------------------------ part of the Agent or any Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any Credit Party and the Agent or any Bank shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power power, or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the Agent or any Bank would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Agent or the Banks to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure or delay on the part of the any Agent or any Bank Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any Credit Party and the either Agent or any Bank Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided are cumulative and not exclusive of 49 any rights or remedies which the either Agent or any Bank Lender would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Agent Agents or the Banks Lenders to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Loan Agreement (Starwood Hotel & Resorts Worldwide Inc)
No Waiver; Remedies Cumulative. No failure or delay on the ------------------------------ part of the Agent or any Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any Credit Party and the Agent or any Bank shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the Agent or any Bank would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute consti tute a waiver of the rights of the Agent or the Banks to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any Credit Party and the either Agent or any Bank shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the each Agent or any Bank would otherwise have. No notice to or demand on any Credit Party 109 in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Agent Agents or the Banks to any other or further action in any circumstances without notice or demand.
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No Waiver; Remedies Cumulative. No failure or delay on the part of the an Agent or any Bank Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any Credit Party and the any Agent or any Bank Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein expressly provided are cumulative and not exclusive of any rights or remedies which the any Agent or any Bank Lender would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Agent Agents or the Banks Lenders to any other or further action in any circumstances without notice or demand.
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No Waiver; Remedies Cumulative. No failure or delay on the part of the Agent or any Bank Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any of the Credit Party and the Agent or any Bank Parties shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein expressly provided are cumulative and not exclusive of any rights or remedies which the Agent or any Bank Lender would otherwise have. No notice to or demand on any Credit Party in any case shall entitle the Borrowers or any other Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Agent or the Banks Lenders to any other or further action in any circumstances without notice or demand.
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No Waiver; Remedies Cumulative. No failure or delay on the part of the either Agent or any Bank Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any Credit Party and the either Agent or any Bank Lender and any of the Credit Parties shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein expressly provided are cumulative and not exclusive of any rights or remedies which the either Agent or any Bank Lender would otherwise have. No notice to or demand on any Credit Party in any case shall entitle the Borrower or any other Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Agent Agents or the Banks Lenders to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure or delay on the part of the an Agent or any Bank Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any Credit Party and the Agent Agents or any Bank Lender and any of the Credit Parties shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein expressly provided are cumulative and not exclusive of any rights or remedies which the Agent Agents or any Bank Lender would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any the Credit Party Parties to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Agent Agents or the Banks Lenders to any other or further action in any circumstances without notice or demand.
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No Waiver; Remedies Cumulative. No failure or delay on the part of the any Agent or any Bank in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between any Credit Party and the either Agent or any Bank shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the either Agent or any Bank would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Agent Agents or the Banks to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Amtrol Inc /Ri/)
