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

No Waiver; Remedies, Etc. No failure on the part of 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 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 Lender under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Lender to exercise any of their rights under any other Loan Document against such party or against any other Person.

Appears in 8 contracts

Samples: Credit and Security Agreement (Armata Pharmaceuticals, Inc.), Credit and Security Agreement (Armata Pharmaceuticals, Inc.), Secured Convertible Credit and Security Agreement (Armata Pharmaceuticals, Inc.)

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No Waiver; Remedies, Etc. No failure on the part of 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 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 and remedies of the Lender under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Lender to exercise any of their its rights and remedies under any other Loan Document against such party or against any other Person.

Appears in 4 contracts

Samples: Loan Agreement (Urban-Gro, Inc.), Loan Agreement (SurgePays, Inc.), Loan Agreement (SOS Hydration Inc.)

No Waiver; Remedies, Etc. No failure on the part of 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 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 Lender under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Lender to exercise any of their its rights under any other Loan Document against such party or against any other Personperson.

Appears in 3 contracts

Samples: Loan and Security Agreement (Numerex Corp /Pa/), Loan and Security Agreement (Genesis Health Ventures Inc /Pa), Loan and Security Agreement (Genesis Health Ventures Inc /Pa)

No Waiver; Remedies, Etc. No failure on the part of the Lender a party 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 Lender a party 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 and remedies of the Lender a party under any Loan Document against any another party thereto are not conditional or contingent on any attempt by the Lender such party to exercise any of their its rights and remedies under any other Loan Document against such other party or against any other Person.

Appears in 2 contracts

Samples: Loan Agreement (Smart for Life, Inc.), Loan Agreement (Patient Safety Technologies, Inc)

No Waiver; Remedies, Etc. No failure on the part of 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 Lender provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights right or remedies remedy provided by law. The rights of the Lender under any Loan Document against any party thereto are not conditional or contingent on any attempt by the 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: Term Loan Agreement (MTR Gaming Group Inc), Term Loan Agreement (MTR Gaming Group Inc)

No Waiver; Remedies, Etc. No failure on the part of ------------------------- 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 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 Lender under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Lender to exercise any of their rights under any other Loan Document against such party or against any other Person.

Appears in 1 contract

Samples: Term Loan Agreement (Polyphase Corp)

No Waiver; Remedies, Etc. No failure on the part of 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 the Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the 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 Lender under any the Loan Document Documents against any party thereto are not conditional or contingent on any attempt by the Lender to exercise any of their its rights under any other Loan Document Documents against such party or against any other Person.

Appears in 1 contract

Samples: In Possession Financing Agreement (Canargo Energy Corp)

No Waiver; Remedies, Etc. No failure on the part of 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 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 Lender under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Lender to exercise any of their rights under any other Loan Document against such party or against any other Person.. SECTION 11.04

Appears in 1 contract

Samples: Financing Agreement (All Star Gas Corp)

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No Waiver; Remedies, Etc. No failure on the part of the Lender Group 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 Lender Group 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 Lender Group under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Lender Group 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 (Avado Brands Inc)

No Waiver; Remedies, Etc. No failure on the part of the Lender any Secured Party 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 Lender Secured Parties 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 Lender Secured Parties under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Lender Secured Parties 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 (Omega Protein Corp)

No Waiver; Remedies, Etc. No failure on the part of the Lender Conoco 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 Lender Conoco 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 Lender Conoco under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Lender Conoco to exercise any of their its rights under any other Loan Document against such party or against any other Personperson.

Appears in 1 contract

Samples: Indemnification Agreement (Reading & Bates Corp)

No Waiver; Remedies, Etc. No failure on the part of 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 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 Lender under any Loan Document against any party thereto are not conditional or contingent on any attempt by the 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 (Edac Technologies Corp)

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