No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender in exercising any right, power or privilege hereunder or under any other Loan Document and no course of dealing between the Borrower or any other Loan Party and the Administrative Agent, the Collateral Agent or any 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 Loan Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender would otherwise have. No notice to or demand on any Loan Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 7 contracts
Samples: First Lien Credit and Guarantee Agreement (Janus International Group, Inc.), Credit and Guarantee Agreement (Janus International Group, Inc.), Credit and Guarantee Agreement (Janus International Group, Inc.)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender Bank or any holder of any Note in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower or any other Loan Credit Party and the Administrative Agent, the Collateral Agent or any Lender Bank or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender Bank or the holder of any Note would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender Bank or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 6 contracts
Samples: Credit Agreement (Capstar Broadcasting Corp), Credit Agreement (Commodore Media Inc), Credit Agreement (Ubiquitel Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower Company or any other Loan Credit Party and the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 5 contracts
Samples: Term Loan Credit Agreement (Omnova Solutions Inc), Execution Version (Omnova Solutions Inc), Term Loan Credit Agreement (Omnova Solutions Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative AgentAgents, the Collateral Agent or any Lender in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower Borrowers or any other Loan Credit Party and the Administrative AgentAgents, the Collateral Agent or any 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 Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative AgentAgents, the Collateral Agent or any Lender would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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 AgentAgents, the Collateral Agent or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 5 contracts
Samples: Second Restatement Agreement (SunOpta Inc.), Credit Agreement (SunOpta Inc.), Credit Agreement (SunOpta Inc.)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender in exercising any right, power or privilege hereunder or under any other Loan Document and no course of dealing between the Borrower Borrowers or any other Loan Party and the Administrative Agent, the Collateral Agent or any 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 Loan Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender would otherwise have. No notice to or demand on any Loan Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 5 contracts
Samples: Assignment and Assumption Agreement (Dynagas LNG Partners LP), Credit Agreement (Seadrill Partners LLC), Credit Agreement (Ocean Rig UDW Inc.)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or Agent, any Lender or the Letter of Credit Issuer in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower or any other Loan Credit Party and the Administrative Agent, the Collateral Agent or Agent, any Lender or the Letter of Credit Issuer shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers rights and remedies herein or in any other Loan Document expressly provided are cumulative and not exclusive of any rights, powers rights or remedies which that the Administrative Agent, the Collateral Agent or Agent, any Lender or the Letter of Credit Issuer would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Agent Agent, the Lenders or any Lender the Letter of Credit Issuer to any other or further action in any circumstances without notice or demand.
Appears in 4 contracts
Samples: Lease Agreement (Compass Minerals International Inc), Lease Agreement (Compass Minerals International Inc), Lease Agreement (Compass Minerals International Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent any Issuing Lender or any Lender in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the any Borrower or any other Loan Credit Party and the Administrative Agent, the Collateral Agent any Issuing Lender or any 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 Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent any Issuing Lender or any Lender would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Agent any Issuing Lender or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 4 contracts
Samples: Credit Agreement (Aleris Ohio Management, Inc.), Credit Agreement (Aleris Ohio Management, Inc.), Credit Agreement (Aleris Ohio Management, Inc.)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender Bank or any holder of any Note in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower Borrowers or any other Loan Credit Party and the Administrative Agent, the Collateral Agent or any Lender Bank or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender Bank or the holder of any Note would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender Bank or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 4 contracts
Samples: Credit Agreement (Furniture Brands International Inc), Credit Agreement (Interco Inc), Credit Agreement (Furniture Brands International Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower or any other Loan Credit Party and the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 3 contracts
Samples: Credit Agreement (Oaktree Capital Management Lp), Credit Agreement (General Maritime Corp / MI), Credit Agreement (General Maritime Corp / MI)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower or any other Loan Credit Party and the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 3 contracts
Samples: Credit Agreement (Diamond S Shipping Inc.), Credit Agreement (Diamond S Shipping Inc.), Credit Agreement (Diamond S Shipping Inc.)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender Bank in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower or any other Loan Credit Party and the Administrative Agent, the Collateral Agent or any Lender 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 Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender Bank would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender Bank to any other or further action in any circumstances without notice or demand.
Appears in 3 contracts
Samples: Term Loan Agreement (Alpine Group Inc /De/), Term Loan Agreement (Sullivan Graphics Inc), Agreement (Acg Holdings Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, Agent or the Collateral Syndication Agent or any Lender Bank in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower or any other Loan Credit Party and the Administrative Agent, the Collateral Syndication Agent or any Lender 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 Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Syndication Agent or any Lender Bank would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Syndication Agent or any Lender Bank to any other or further action in any circumstances without notice or demand.
Appears in 3 contracts
Samples: Credit Agreement (Omniquip International Inc), And (Omniquip International Inc), Credit Agreement (Omniquip International Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the a Borrower or any other Loan Credit Party and the Administrative Agent, the Collateral Agent or any 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 Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 3 contracts
Samples: Credit Agreement (International Money Express, Inc.), Credit Agreement (WESTMORELAND COAL Co), Credit Agreement (Fintech Acquisition Corp. II)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender or Issuing Lender in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower or any other Loan Credit Party and the Administrative Agent, the Collateral Agent or any Lender or Issuing 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 Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender or Issuing Lender would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender or Issuing Lender to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (OCI Partners LP)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative any Agent, the Collateral Agent any Issuing Lender or any Lender in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower or any other Loan Credit Party and the Administrative any Agent, the Collateral Agent any Issuing Lender or any 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 Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative any Agent, the Collateral Agent any Issuing Lender or any Lender would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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 any Agent, the Collateral Agent any Issuing Lender or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Nash Finch Co), Credit Agreement (Nash Finch Co)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent any Lender or any Lender holder of any Note in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the any Borrower or any other Loan Party and the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Loan Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demanddemand (in any such case, except to the extent notice is expressly required pursuant to any order of the Bankruptcy Court or any Credit Document).
Appears in 2 contracts
Samples: Credit Agreement, cases.primeclerk.com
No Waiver; Remedies Cumulative. No failure or delay ------------------------------ on the part of the Administrative Agent, the Collateral Agent or any Co-Lender in exercising any right, power or privilege hereunder or under any other Loan Document and no course of dealing between the Borrower or any other Loan Party and the Administrative Agent, the Collateral Agent or any Co-Lender shall operate as a waiver thereof; thereof nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Loan Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers rights and remedies herein or in any other Loan Document expressly provided are cumulative and not exclusive of any rights, powers rights or remedies which the Administrative Agent, the Collateral Agent or any Co-Lender would otherwise have, absent a requirement or provision therefor in any Loan Documents. No notice to or demand on Borrower or any other Loan Party shall in any case shall entitle Borrower or any other Loan 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, the Collateral Agent or any Lender Co-Lender, to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Management Agreement (Sl Green Realty Corp), Sl Green Realty Corp
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender in exercising any right, power or privilege hereunder or under any other Bridge Loan Document and no course of dealing between the Borrower or any other Loan Credit Party and the Administrative Agent, the Collateral Agent or any 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 Bridge Loan Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Bridge Loan Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Agreement Acknowledging Bridge Loan Agreement (CF Industries Holdings, Inc.), Bridge Loan Agreement (CF Industries Holdings, Inc.)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower or any other Loan Credit Party and the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Loan 101 Credit Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Intercreditor Agreement (Gener8 Maritime, Inc.), Credit Agreement (Gener8 Maritime, Inc.)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Facility Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower or any other Loan Credit Party and the Administrative Agent, the Collateral Facility Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Facility Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Facility Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Global Assignment Agreement (Gener8 Maritime, Inc.), Global Assignment Agreement (Gener8 Maritime, Inc.)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Managing Agent or any Lender Bank or any holder of any Note in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower or any other Loan Credit Party and the Administrative Agent, the Collateral Managing Agent or any Lender Bank or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Managing Agent or any Lender Bank or the holder of any Note would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Managing Agent or any Lender Bank or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Chancellor Broadcasting Co /De/), Credit Agreement (Chancellor Radio Broadcasting Co)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the any Borrower or any other Loan Credit Party and the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Overseas Shipholding Group Inc), Credit Agreement (Overseas Shipholding Group Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower Borrowers or any other Loan Credit Party and the Administrative Agent, the Collateral Agent or any 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 Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies expressly provided herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (SAExploration Holdings, Inc.), Credit Agreement (SAExploration Holdings, Inc.)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower or any other Loan Credit Party and the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Security Agreement (Iasis Healthcare Corp), Southwest General Hospital Lp
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower Borrowers or any other Loan Credit Party and the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Trico Marine Services Inc), Credit Agreement (VHS of Anaheim Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender Bank or any holder of any Revolving Note in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower or any other Loan Credit Party and the Administrative Agent, the Collateral Agent or any Lender Bank or the holder of any Revolving Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender Bank or the holder of any Revolving Note would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender Bank or the holder of any Revolving Note to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (H-R Window Supply Inc), Credit Agreement (Northwest Airlines Corp)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower Holdings or any other Loan Credit Party and the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Universal Compression Inc), Universal Compression Holdings Inc
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender in exercising any right, power or privilege hereunder or under any other Loan Document and no course of dealing between the Borrower or any other Loan Party and the Administrative Agent, the Collateral Agent or any 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 Loan Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender would otherwise have. No notice to or demand on any Loan Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit and Guarantee Agreement (Alden Global Capital LLC), Credit and Guarantee Agreement (Alden Global Capital LLC)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral any Agent or any Lender Bank or any holder of any Revolving Note in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower or any other Loan Credit Party and the Administrative Agent, the Collateral any Agent or any Lender Bank or the holder of any Revolving Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral any Agent or any Lender Bank or the holder of any Revolving Note would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral any Agent or any Lender Bank or the holder of any Revolving Note to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Northwest Airlines Corp), Northwest Airlines Corp
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent Trustee or any Lender in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower or any other Loan Credit Party and the Administrative Agent, the Collateral Agent Trustee or any 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 Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent Trustee or any Lender would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Agent Trustee or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Credit Agreement (Leap Wireless International Inc), Credit Agreement (Leap Wireless International Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender other Secured Party in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower Administrative Agent or any other Loan Secured Party and any of the Administrative Agent, the Collateral Agent or any Lender 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 Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers rights and remedies herein or in any of the Administrative Agent and the other Loan Document expressly provided Secured Parties hereunder and under the other Credit Documents are cumulative and not exclusive of any rights, powers rights or remedies which the Administrative Agent, the Collateral Agent or any Lender other Secured Party would otherwise havehave at law or otherwise. No notice to or demand on any Loan Credit Party in any case shall entitle the Borrower or any Loan 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, the Collateral Agent or any Lender the other Secured Parties to any other or further action in any circumstances without notice or demand.
Appears in 2 contracts
Samples: Guarantee Agreement (Isg Resources Inc), Credit Agreement (Flo Fill Co Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent any Issuing Lender or any Lender in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower or any other Loan Credit Party and the Administrative Agent, the Collateral Agent any Issuing Lender or any 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 Loan Credit Document preclude preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent any Issuing Lender or any Lender would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Agent any Issuing Lender or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Lee Enterprises, Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent any Issuing Lender or any Lender in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower or any other Loan Credit Party and the Administrative Agent, the Collateral Agent any Issuing Lender or any 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 Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent any Issuing Lender or any Lender would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Agent any Issuing Lender or any Lender 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 AgentAgents, the Collateral Agent or any Lender in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower Borrowers or any other Loan Credit Party and the Administrative AgentAgents, the Collateral Agent or any 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 Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative AgentAgents, the Collateral Agent or any Lender would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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 AgentAgents, the Collateral Agent or any Lender to any other or further action in any circumstances without notice or demand. 12.06.12.06. [Reserved].
Appears in 1 contract
Samples: Restatement Agreement (SunOpta Inc.)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent Issuing Bank or any Lender in exercising any right, power or privilege hereunder or under any other Loan Document and no course of dealing between the Borrower or any other Loan Party and the Administrative Agent, the Collateral Agent or any 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 Loan Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent Issuing Bank or any Lender would otherwise have. No notice to or demand on any Loan Party in any case shall entitle any Loan 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, the Collateral Agent Issuing Bank or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit and Guarantee Agreement (ATI Intermediate Holdings, LLC)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender Bank or any holder of any Note in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between Holdings or the Borrower Borrowers or any other Loan Credit Party and the Administrative Agent, the Collateral Agent or any Lender Bank or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender Bank or the holder of any Note would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender Bank or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Gleason Corp /De/)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender Bank or any holder of any Note in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower or any other Loan Credit Party and the Administrative Agent, the Collateral Agent or any Lender Bank or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender Bank or the holder of any Note would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the 147 Administrative Agent, the Collateral Agent or any Lender Bank or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Capstar Radio Broadcasting Partners Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender in exercising any right, power or privilege hereunder or under any other Loan Document and no course of dealing between the Borrower or any other Loan Party and the Administrative Agent, the Collateral Agent or any 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 Loan Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender would otherwise have. No notice to or demand on any Loan Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender to any other or further action in any circumstances without notice or demand.. 12.6
Appears in 1 contract
Samples: www.sec.gov
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Pari Passu Collateral Agent or any Lender in exercising any right, power or privilege hereunder or under any other Loan Document and no course of dealing between the Borrower Borrowers or any other Loan Party and the Administrative Agent, the Pari Passu Collateral Agent or any 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 Loan Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Pari Passu Collateral Agent or any Lender would otherwise have. No notice to or demand on any Loan Party in any case shall entitle any Loan 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, the Pari Passu Collateral Agent or any Lender 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, the Collateral Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower or any other Loan Credit Party and the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Agent or any 119 Lender or the holder of any Note 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, the Collateral Agent or any Lender Bank or any holder of any Note in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Holdings or any Borrower or any other Loan Credit Party and the Administrative Agent, the Collateral Agent or any Lender Bank or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender Bank or the holder of any Note would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender Bank or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Aearo Corp)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender in exercising any right, power or privilege hereunder or under any other Loan Document and no course of dealing between the Borrower or any other Loan Party and the Administrative Agent, the Collateral Agent or any 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 Loan Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender would otherwise have. No notice to or demand on any Loan Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender 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, the Collateral Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower or any other Loan Credit Party and the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly expressly. provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender or the holder of any Note 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, the Collateral Agent or any Lender Bank or any holder of any Note in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower or any other Loan Credit Party and the Administrative Agent, the Collateral Agent or any Lender Agent or any Bank or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender Bank or the holder of any Note would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender Bank or the holder of any Note 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, the Collateral Agent or any Lender Bank or any holder of any Note in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between Holdings, the Borrower or any other Loan Credit Party and the Administrative Agent, the Collateral Agent or any Lender Bank or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender Bank or the holder of any Note would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender Bank or the holder of any Note 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, the Collateral Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower Company or any other Loan Credit Party and the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Loan 106 Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender or the holder of any Note 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, the Collateral Agent or any Lender in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower Borrowers or any other Loan Credit Party and the Administrative Agent, the Collateral Agent or any 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 Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, 125 power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Term Loan Credit Agreement (PAE Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part ------------------------------ of the Administrative Agent, the Collateral Agent or any Lender Bank or any holder of any Note in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower or any other Loan Credit Party and the Administrative Agent, the Collateral Agent or any Lender Bank or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender Bank or the holder of any Note would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender Bank or the holder of any Note 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, the Collateral Agent or any Lender in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower Borrowers or any other Loan Credit Party and the Administrative Agent, the Collateral Agent or any 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 Loan Credit Document 102 preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender 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, the Collateral Agent or any Lender Bank or any holder of any Term Note in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower Borrowers or any other Loan Credit Party and the Administrative Agent, the Collateral Agent or any Lender Bank or the holder of any Term Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender Bank or the holder of any Term Note would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender Bank or the holder of any Term Note 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, the Collateral Agent or any Lender in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower or any other Loan Credit Party and the Administrative Agent, the Collateral Agent or any 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 Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender to any other or further action in any circumstances without notice or demand.. 13.06
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure fail ure or delay on the part of the Administrative Agent, the Collateral Agent Agent, any Bank, or any Lender holder of a Revolving Note in exercising any right, power or privilege hereunder or under any other Loan Document and no course of dealing between the Borrower or any other Loan Party and the Administrative Agent, the Collateral Agent Agent, any Bank or the holder of any Lender Revolving Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Loan Document preclude any other or further exercise thereof or of the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers rights and remedies herein or in any other Loan Document expressly provided are cumulative and not exclusive of any rights, powers rights or remedies which the Administrative Agent, the Collateral Agent Agent, any Bank or the holder of any Lender Revolving Note would otherwise have. No notice to or demand on any Loan Party in any case shall entitle any Loan 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, the Banks, the Collateral Agent or the holder of any Lender Revolving Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Stage Stores Inc)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender Bank or any holder of any Note in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower or any other Loan Credit Party and the Administrative Agent, the Collateral Agent or any Lender Bank or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender Bank or the holder of any Note would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan such 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, the Collateral Agent or any Lender Bank or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (JCC Holding Co)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower Borrowers or any other Loan Credit Party and the Administrative Agent, the Collateral Agent or any 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 Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender to any other or further action in any circumstances without notice or demand. [Reserved] .
Appears in 1 contract
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the any Borrower or any other Loan Party and the Administrative Agent, the Collateral Agent or any 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 Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender would otherwise have. No notice to or demand on any Loan Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Keane Group, Inc.)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral any Agent or any Lender or any holder of any Revolving Note in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower or any other Loan Credit Party and the Administrative Agent, the Collateral any Agent or any Lender or the holder of any Revolving Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral any Agent or any Lender or the holder of any Revolving Note would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral any Agent or any Lender or the holder of any Revolving Note 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 AgentAgents, the Collateral Agent Co-Documentation Agents or any Lender Bank in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower or any other Loan Credit Party and any of the Administrative AgentAgents, the Co- Documentation Agents, the Collateral Agent or any Lender 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 Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers rights and remedies herein or in any other Loan Document expressly provided are cumulative and not exclusive of any rights, powers rights or remedies which any of the Administrative AgentAgents, the Co-Documentation Agents, the Collateral Agent or any Lender Bank would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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 AgentAgents, the Co- Documentation Agents, the Collateral Agent or any Lender the Banks to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Dade Behring Inc)
No Waiver; Remedies Cumulative. No failure or delay on the ------------------------------ part of the Administrative Agent, the Collateral any Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower or any other Loan Credit Party and the Administrative Agent, the Collateral any Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral any Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral any Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.
Appears in 1 contract
Samples: Credit Agreement (Waters Corp /De/)
No Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender Bank or any holder of any Note in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between Holdings or the Borrower or any other Loan Credit Party and the Administrative Agent, the Collateral Agent or any Lender Bank or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender Bank or the holder of any Note would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender Bank or the holder of any Note 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, the Collateral Agent or any Lender Bank or any holder of any Note in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower Borrowers or any other Loan Credit Party and the Administrative Agent, the Collateral Agent or any Lender Bank or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender Bank or the holder of any Note would otherwise have. No notice to or demand on any Loan Credit Party in (143) any case shall entitle any Loan 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, the Collateral Agent or any Lender Bank or the holder of any Note 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, the Collateral Agent or any Lender Bank or any holder of any Revolving Note in exercising any right, power or privilege hereunder or under any other Loan Credit Document and no course of dealing between the Borrower or any other Loan Credit Party and the Administrative Agent, the Collateral Agent or any Lender Bank or the holder of any Revolving Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Loan Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Loan Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent, the Collateral Agent or any Lender Bank or the holder of any Revolving Note would otherwise have. No notice to or demand on any Loan Credit Party in any case shall entitle any Loan 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, the Collateral Agent or any Lender to any other or further action in any circumstances without notice or demand.the
Appears in 1 contract
