Common use of No Waiver; Remedies, Etc Clause in Contracts

No Waiver; Remedies, Etc. No failure on the part of any Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents and the Lenders provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents and the Lenders under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents and the Lenders to exercise any of their rights under any other Loan Document against such party or against any other Person.

Appears in 138 contracts

Samples: Financing Agreement (Xponential Fitness, Inc.), Financing Agreement (Turtle Beach Corp), Financing Agreement (Unique Logistics International, Inc.)

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No Waiver; Remedies, Etc. No failure on the part of any the Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents Agent and the Lenders provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents Agent and the Lenders under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents Agent and the Lenders to exercise any of their rights under any other Loan Document against such party or against any other Person.

Appears in 26 contracts

Samples: Financing Agreement (Wmi Holdings Corp.), Financing Agreement (Washington Mutual, Inc), Financing Agreement (Frederick's of Hollywood Group Inc /Ny/)

No Waiver; Remedies, Etc. No failure on the part of the Lenders or any Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; , nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents Lenders and the Lenders Agents provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents Lenders and the Lenders Agents under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents Lenders and the Lenders Agents to exercise any of their rights under any other Loan Document against such party or against any other Person.

Appears in 10 contracts

Samples: Credit Agreement (James River Coal CO), Revolving Credit Agreement (James River Coal CO), Credit Agreement (Global Power Equipment Group Inc/)

No Waiver; Remedies, Etc. No failure on the part of any Administrative Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents Administrative Agent and the Lenders provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents Administrative Agent and the Lenders under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents Administrative Agent and the Lenders to exercise any of their rights under any other Loan Document against such party or against any other Person.

Appears in 6 contracts

Samples: Credit Agreement (RMG Networks Holding Corp), Credit Agreement (SCG Financial Acquisition Corp.), Junior Credit Agreement (SCG Financial Acquisition Corp.)

No Waiver; Remedies, Etc. No failure on the part of any the Lenders or Administrative Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; , nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents Lenders and the Lenders Administrative Agent provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents Lenders and the Lenders Administrative Agent under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents Lenders and the Lenders Administrative Agent to exercise any of their rights under any other Loan Document against such party or against any other Person.

Appears in 3 contracts

Samples: Subordinated Credit Agreement (Oppenheimer Holdings Inc), Credit Agreement (Avado Brands Inc), Credit Agreement (Avado Brands Inc)

No Waiver; Remedies, Etc. No failure on the part of any the Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents Agent and the Lenders provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by lawLaw. The rights of the Agents Agent and the Lenders under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents Agent and the Lenders to exercise any of their rights under any other Loan Document against such party or against any other Person.

Appears in 3 contracts

Samples: Financing Agreement (Life Sciences Research Inc), Financing Agreement (Life Sciences Research Inc), Financing Agreement (Life Sciences Research Inc)

No Waiver; Remedies, Etc. No failure on the part of any Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents and the Lenders provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents and the Lenders under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents and the Lenders to exercise any of their rights under any other Loan Document against such party or against any other Person.. Section 12.04

Appears in 3 contracts

Samples: Possession Credit Agreement (Appgate, Inc.), Financing Agreement (Mondee Holdings, Inc.), Financing Agreement (Troika Media Group, Inc.)

No Waiver; Remedies, Etc. No failure on the part of any Agent Party or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents Agent Parties and the Lenders provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents Agent Parties and the Lenders under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents Agent Parties and the Lenders to exercise any of their rights under any other Loan Document against such party or against any other Person.

Appears in 2 contracts

Samples: Financing Agreement (Delek US Holdings, Inc.), Financing Agreement (Delek US Holdings, Inc.)

No Waiver; Remedies, Etc. No failure on the part of any the Collateral Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents Collateral Agent and the Lenders provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents Collateral Agent and the Lenders under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents Collateral Agent and the Lenders to exercise any of their rights under any other Loan Document against such party or against any other Person.

Appears in 2 contracts

Samples: Financing Agreement (Delek US Holdings, Inc.), Financing Agreement (Delek US Holdings, Inc.)

No Waiver; Remedies, Etc. No failure on the part of any the Administrative Agent or any Lender to exercise, and no delay in exercising, exercising any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents Administrative Agent and the Lenders provided herein and in FOURTH AMENDED AND RESTATED CREDIT AGREEMENT, PAGE 72 79 the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents Administrative Agent and the Lenders under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents and the Lenders Administrative Agent or any Lender to exercise any of their its rights under any other Loan Document against such party or against any other Person.

Appears in 2 contracts

Samples: Credit Agreement (Coho Resources Inc), Credit Agreement (Coho Energy Inc)

No Waiver; Remedies, Etc. No failure on the ------------------------- part of any Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents and the Lenders provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents and the Lenders under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents and the Lenders to exercise any of their rights under any other Loan Document against such party or against any other Person.

Appears in 2 contracts

Samples: Financing Agreement (Solutia Inc), Financing Agreement (Solutia Inc)

No Waiver; Remedies, Etc. No failure on the part of any the Agent or any and/or Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents Agent and the Lenders Lender provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents Agent and the Lenders Lender under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents and Agent and/or the Lenders Lender to exercise any of their rights under any other Loan Document against such party or against any other Person.

Appears in 2 contracts

Samples: Financing Agreement (Enherent Corp), Financing Agreement (Enherent Corp)

No Waiver; Remedies, Etc. No failure on the part of any Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Ihe Agents and the Lenders provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents and the Lenders under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents and the Lenders to exercise any of their rights under any other Loan Document against such party or against any other Person.

Appears in 2 contracts

Samples: Financing Agreement (Xanodyne Pharmaceuticals Inc), Financing Agreement (Xanodyne Pharmaceuticals Inc)

No Waiver; Remedies, Etc. No failure on the part of ------------------------- any Lender or any Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents Lenders and the Lenders Agents provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents Lenders and the Lenders Agents under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents Lenders and the Lenders Agents to exercise any of their rights under any other Loan Document against such party or against any other Person.

Appears in 2 contracts

Samples: Financing Agreement (McNaughton Apparel Group Inc), Financing Agreement (Norton McNaughton Inc)

No Waiver; Remedies, Etc. No failure on the part of any Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents Agent and the Lenders provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents Agent and the Lenders under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents Agent and the Lenders to exercise any of their rights under any other Loan Document against such party or against any other Person.

Appears in 2 contracts

Samples: Credit Agreement (Cornerworld Corp), Loan Agreement (Aerobic Creations, Inc.)

No Waiver; Remedies, Etc. No failure on the part of any Agent or any the Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents and the Lenders Lender provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents and the Lenders Lender under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents and the Lenders Lender to exercise any of their rights under any other Loan Document against such party or against any other Person.

Appears in 2 contracts

Samples: Financing Agreement (Imperial Holdings, LLC), Financing Agreement (Imperial Holdings, LLC)

No Waiver; Remedies, Etc. No failure on the part of any Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents and the Lenders provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents and the Lenders under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents and the 142901395v2 Lenders to exercise any of their rights under any other Loan Document against such party or against any other Person.

Appears in 1 contract

Samples: Financing Agreement (Mondee Holdings, Inc.)

No Waiver; Remedies, Etc. No failure on the part of any Agent Lender or any Lender Agent to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents Lenders and the Lenders Agent provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents Lenders and the Lenders Agent under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents Lenders and the Lenders Agent to exercise any of their rights under any other Loan Document against such party or against any other Person.

Appears in 1 contract

Samples: Financing Agreement (Chic by H I S Inc)

No Waiver; Remedies, Etc. No failure on the part of any Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents and the Lenders provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents and the Lenders under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents and the Lenders to exercise any of their rights under any other Loan Document against such party or against any other Person.. 162

Appears in 1 contract

Samples: Credit Agreement (Boxlight Corp)

No Waiver; Remedies, Etc. No failure on the part of any Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents and the Lenders provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents and the Lenders under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents and the Lenders to exercise any of their rights under any other Loan Document against such party or against any other Person.. 101

Appears in 1 contract

Samples: Financing Agreement (Blue Apron Holdings, Inc.)

No Waiver; Remedies, Etc. No failure on the part of any the Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents Agent and the Lenders provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights -92- or remedies provided by law. The rights of the Agents Agent and the Lenders under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents Agent and the Lenders to exercise any of their rights under any other Loan Document against such party or against any other Person.

Appears in 1 contract

Samples: Financing Agreement (Sunterra Corp)

No Waiver; Remedies, Etc. No failure on the part of any Agent or any Lender Holder to exercise, and no delay in exercising, any right hereunder or under any other Loan Note Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Note Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents and the Lenders Holders provided herein and in the other Loan Note Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents and the Lenders Holders under any Loan Note Document against any party thereto are not conditional or contingent on any attempt by the Agents and the Lenders Holders to exercise any of their rights under any other Loan Note Document against such party or against any other Person.

Appears in 1 contract

Samples: Anchor Glass Container (Anchor Glass Container Corp /New)

No Waiver; Remedies, Etc. No failure on the part of any the Collateral Agent or any Lender other Secured Creditor to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents and the Lenders provided herein Secured Creditors and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents and the Lenders Secured Creditors under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents and the Lenders Secured Creditors to exercise any of their rights under any other Loan Document against such party or against any other Person.

Appears in 1 contract

Samples: Pledge Agreement (Silicon Graphics Inc)

No Waiver; Remedies, Etc. No failure on the part of any Administrative Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents Administrative Agent and the Lenders provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents Administrative Agent and the Lenders under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents Administrative Agent and the Lenders to exercise any of their rights under any other Loan Document against such party or against any other Person.

Appears in 1 contract

Samples: Credit Agreement (Progressive Gaming International Corp)

No Waiver; Remedies, Etc. No failure on the part of any Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents and the Lenders provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents and the Lenders under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents and the Lenders to exercise any of their rights under any other Loan Document against such party or against any other Person.. 146

Appears in 1 contract

Samples: Credit Agreement (Boxlight Corp)

No Waiver; Remedies, Etc. No failure on the part of any Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents and the Lenders Agent or any Lender provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents Agent and the Lenders under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents Agent and the Lenders to exercise any of their rights under any other Loan Document against such party or against any other Person.Person.‌‌‌

Appears in 1 contract

Samples: Financing Agreement

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No Waiver; Remedies, Etc. No failure on the part of any Agent or any Senior Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents and the Senior Lenders provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents and the Senior Lenders under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents and the Senior Lenders to exercise any of their rights under any other Loan Document against such party or against any other Person.

Appears in 1 contract

Samples: Financing Agreement (Allied Holdings Inc)

No Waiver; Remedies, Etc. No failure on the part of any Lender or the Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents Lenders and the Lenders Agent provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents Lenders and the Lenders Agent under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents Lenders and the Lenders Agent to exercise any of their rights under any other Loan Document against such party or against any other Person.

Appears in 1 contract

Samples: Financing Agreement (Starband Communications Inc)

No Waiver; Remedies, Etc. No failure on the part of any Agent the Lenders or any Lender the Agents to exercise, and no delay in exercising, any right hereunder or under any 91 other Loan Document shall operate as a waiver thereof; , nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents Lenders and the Lenders Agents provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents Lenders and the Lenders Agents under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents Lenders and the Lenders Agents to exercise any of their rights under any other Loan Document against such party or against any other Person.

Appears in 1 contract

Samples: Petition Credit Agreement (Falcon Products Inc /De/)

No Waiver; Remedies, Etc. No failure on the part of any Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under tinder any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents and the Lenders provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents and the Lenders under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents and the Lenders to exercise any of their rights under any other Loan Document against such party or against any other Person.

Appears in 1 contract

Samples: Financing Agreement (Gordon Biersch Brewery Restaurant Group, Inc.)

No Waiver; Remedies, Etc. No failure on the part of any Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right #97100791v3 under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents and the Lenders provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents and the Lenders under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents and the Lenders to exercise any of their rights under any other Loan Document against such party or against any other Person.

Appears in 1 contract

Samples: Financing Agreement (Xponential Fitness, Inc.)

No Waiver; Remedies, Etc. No failure on the part of any Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents and the Lenders provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents and the Lenders under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents Agent and the Lenders to exercise any of their rights under any other Loan Document against such party or against any other Person.

Appears in 1 contract

Samples: Financing Agreement (Modtech Holdings Inc)

No Waiver; Remedies, Etc. No failure on the part of any Agent Lender or any Lender Agent to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents Lenders and the Lenders Agents provided 66 72 herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents Lenders and the Lenders Agents under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents Lenders and the Lenders Agents to exercise any of their rights under any other Loan Document against such party or against any other Person.

Appears in 1 contract

Samples: Financing Agreement (Norton McNaughton Inc)

No Waiver; Remedies, Etc. No failure on the part of any the Administrative Agent or any Lender to exercise, and no delay in exercising, exercising any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents Administrative Agent and the Lenders provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents Administrative Agent and the Lenders under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents and the Lenders Administrative Agent or any Lender to exercise any of their its rights under any other Loan Document against such party or against any other Person.

Appears in 1 contract

Samples: Credit Agreement (Coho Energy Inc)

No Waiver; Remedies, Etc. No failure on the part of the Lenders or any Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; , nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents Lenders and the Lenders Agents provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents Lenders and the Lenders Agents under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents ­NY12534:166729.34 Lenders and the Lenders Agents to exercise any of their rights under any other Loan Document against such party or against any other Person.

Appears in 1 contract

Samples: Counterpart Agreement (Oppenheimer Holdings Inc)

No Waiver; Remedies, Etc. No failure on the part of any the Lender or the Collateral Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; , nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents Lender and the Lenders Collateral Agent provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents Lender and the Lenders Collateral Agent under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents Lender and the Lenders Collateral Agent to exercise any of their rights under any other Loan Document against such party or against any other Person.

Appears in 1 contract

Samples: Secured Credit Agreement (Oppenheimer Holdings Inc)

No Waiver; Remedies, Etc. No failure on the part of any the Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Revolving Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Revolving Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents Agent and the Lenders provided herein and in the other Revolving Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents Agent and the Lenders under any Revolving Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents Agent and the Lenders to exercise any of their rights under any other Revolving Loan Document against such party or against any other Person.

Appears in 1 contract

Samples: And Security Agreement (Oakwood Homes Corp)

No Waiver; Remedies, Etc. No failure on the part of the Lenders or any Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; , nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents Lenders and the Lenders Agents provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents Lenders and the Lenders Agents under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents Lenders and the Lenders Agents to exercise any of their rights under any other Loan Document against such party or against any other Person.. 107

Appears in 1 contract

Samples: Revolving Credit Agreement (James River Coal CO)

No Waiver; Remedies, Etc. No failure on the part of any Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents and the Lenders provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents and the Lenders under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents and the Lenders to exercise any of their rights under any other Loan Document against such party or against any other Person.

Appears in 1 contract

Samples: Credit Agreement (Boxlight Corp)

No Waiver; Remedies, Etc. No failure on the part of any Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents and the Lenders provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents and the Lenders under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents and the Lenders to exercise any of their rights under any other Loan Document against such party or against any other Person.. 133

Appears in 1 contract

Samples: Financing Agreement (KushCo Holdings, Inc.)

No Waiver; Remedies, Etc. No failure on the part of the Participating Lenders or any Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; , nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents Lenders and the Lenders Agents provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents Participating Lenders and the Lenders Agents under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents Lenders and the Lenders Agents to exercise any of their rights under any other Loan Document against such party or against any other Person.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (SOI Holdings, Inc.)

No Waiver; Remedies, Etc. No failure on the part of any Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents and the Lenders provided herein and in the 147 other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents and the Lenders under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents and the Lenders to exercise any of their rights under any other Loan Document against such party or against any other Person.

Appears in 1 contract

Samples: Financing Agreement (Alj Regional Holdings Inc)

No Waiver; Remedies, Etc. No failure on the part of any ------------------------- the Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents Agent and the Lenders provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents Agent and the Lenders under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents Agent and the Lenders to exercise any of their rights under any other Loan Document against such party or against any other Person.

Appears in 1 contract

Samples: Financing Agreement (Lernout & Hauspie Speech Products Nv)

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