No Waiver; Remedies. No failure on the part of any Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 527 contracts
Samples: Credit Agreement (Interpublic Group of Companies, Inc.), Five Year Credit Agreement (Gatx Corp), Credit Agreement (Td Synnex Corp)
No Waiver; Remedies. No failure on the part of any Lender or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 180 contracts
Samples: Stock Purchase Agreement (Trinity Place Holdings Inc.), Credit Agreement (Fox Corp), Five Year Credit Agreement (Stanley Black & Decker, Inc.)
No Waiver; Remedies. No failure on the part of any Lender or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 152 contracts
Samples: Credit Agreement (Ohio Power Co), Credit Agreement (Ohio Power Co), Revolving Credit Agreement (Cna Financial Corp)
No Waiver; Remedies. No failure on the part of any Lender Party or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 71 contracts
Samples: Credit and Guaranty Agreement (Dana Inc), Credit and Guaranty Agreement (Dana Inc), Credit Agreement (Summit Hotel Properties, Inc.)
No Waiver; Remedies. No failure on the part of any Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 62 contracts
Samples: Assignment and Assumption (Pepsico Inc), Assignment and Assumption (Pepsico Inc), Credit Agreement (Pepsico Inc)
No Waiver; Remedies. No failure on the part of any Lender Lender, Issuer or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 58 contracts
Samples: Credit Agreement (Tenet Healthcare Corp), Credit Agreement (Tenet Healthcare Corp), Credit Agreement (Tenet Healthcare Corp)
No Waiver; Remedies. No failure on the part of any Lender or the Agent Purchaser to exercise, and no delay in exercising, any right hereunder or under any Note this Agreement shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 51 contracts
Samples: Purchase Agreement (Conns Inc), Purchase Agreement (Conns Inc), Purchase and Sale Agreement (Conns Inc)
No Waiver; Remedies. No failure on the part of any the Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 46 contracts
Samples: Loan and Security Agreement (Mr. Cooper Group Inc.), Loan and Security Agreement (Mr. Cooper Group Inc.), Loan and Security Agreement (Mr. Cooper Group Inc.)
No Waiver; Remedies. No failure on the part of any Lender or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by applicable law.
Appears in 35 contracts
Samples: Term Loan Agreement, Bridge Credit Agreement, Term Loan Credit Agreement
No Waiver; Remedies. No In addition to, and not in limitation of, Section 2.3 and Section 2.5, no failure on the part of any Lender or the Agent any holder of a Note to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 35 contracts
Samples: Guaranty (PostRock Energy Corp), Guaranty (PostRock Energy Corp), Guaranty (PostRock Energy Corp)
No Waiver; Remedies. No failure on the part of any Lender or the any Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 34 contracts
Samples: Five Year Credit Agreement (Honeywell International Inc), Five Year Credit Agreement (Honeywell International Inc), Five Year Credit Agreement (Honeywell International Inc)
No Waiver; Remedies. No failure on the part of any Lender or the any Agent to exercise, and no delay in exercising, any right hereunder or under any Note or any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 32 contracts
Samples: Asset Based Term Loan Agreement (Express, Inc.), Security Agreement (Express, Inc.), Credit Agreement (Crestview Partners III GP, L.P.)
No Waiver; Remedies. No failure on the part of any Lender Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 30 contracts
Samples: Credit Agreement (Cigna Group), Credit Agreement (Cigna Group), Credit Agreement
No Waiver; Remedies. No failure on the part of any the Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 27 contracts
Samples: Loan Agreement (Heramba Electric PLC), Loan Agreement (EQM Midstream Partners, LP), Loan Agreement (Equitrans Midstream Corp)
No Waiver; Remedies. No failure on the part of any Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 24 contracts
Samples: Revolving Credit Agreement (Heico Corp), Five Year Credit Agreement (Colgate Palmolive Co), Revolving Credit Agreement (Heico Corp)
No Waiver; Remedies. No failure on the part of any Lender Lender, the Administrative Agent, or the Agent Issuing Lender to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 23 contracts
Samples: Credit Agreement (Alta Mesa Holdings, LP), Credit Agreement (Alta Mesa Holdings, LP), Credit Agreement (Alta Mesa Energy LLC)
No Waiver; Remedies. No failure on the part of any Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 22 contracts
Samples: Term Loan Credit Agreement (DXC Technology Co), Term Loan Credit Agreement (Computer Sciences Corp), Credit Agreement (Computer Sciences Corp)
No Waiver; Remedies. No failure on the part of any Lender or the Designated Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 20 contracts
Samples: Credit Agreement (Walt Disney Co), Credit Agreement, 364 Day Credit Agreement (Walt Disney Co)
No Waiver; Remedies. No failure on the part of any the Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any the Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 19 contracts
Samples: Bridge Loan Agreement (Sorrento Therapeutics, Inc.), Bridge Loan Agreement (Sorrento Therapeutics, Inc.), Credit Agreement (Medplus Inc /Oh/)
No Waiver; Remedies. No failure on the part of any Lender Party or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 19 contracts
Samples: Assignment and Assumption (ManpowerGroup Inc.), Assignment and Assumption (ManpowerGroup Inc.), Five Year Credit Agreement (ManpowerGroup Inc.)
No Waiver; Remedies. No failure on the part of any the Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 18 contracts
Samples: Credit Agreement (FirstEnergy Solutions Corp.), Credit Agreement, Credit Agreement (Pricesmart Inc)
No Waiver; Remedies. No In addition to, and not in limitation of Section 2.4, no failure on the part of any the Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 18 contracts
Samples: Pledge and Security Agreement (TransMedics Group, Inc.), Credit Agreement (TransMedics Group, Inc.), Pledge and Security Agreement (TransMedics Group, Inc.)
No Waiver; Remedies. No failure on the part of any Lender Lender, any LC Issuer or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 17 contracts
Samples: Credit Agreement, Credit Agreement (Baltimore Gas & Electric Co), Credit Agreement (Baltimore Gas & Electric Co)
No Waiver; Remedies. No failure on the part of any Lender Lender, the Administrative Agent or the CAF Advance Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder or under any Note preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 17 contracts
Samples: Agreement (El Paso Tennessee Pipeline Co), Agreement (El Paso Tennessee Pipeline Co), Agreement (El Paso Tennessee Pipeline Co)
No Waiver; Remedies. No failure on the part of any Lender or the Agent Obligee to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 17 contracts
Samples: Note Purchase Agreement (Eastgroup Properties Inc), Note Purchase Agreement (Eastgroup Properties Inc), Note Purchase Agreement (Spartech Corp)
No Waiver; Remedies. No failure on the part of any Lender or the Agent a Payee to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 16 contracts
Samples: Subordinated New Guarantee (Sun Life Insurance & Annuity Co of New York), Subordinated Old Note Guarantee (Hancock John Life Insurance Co), Subordinated New Note Guarantee (Hancock John Life Insurance Co)
No Waiver; Remedies. No failure on the part of any Lender or the Agent Beneficiaries to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right hereunder preclude any the other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 16 contracts
Samples: Credit Agreement (Baytex Energy Corp.), Credit Agreement (Baytex Energy Corp.), Agreement (Baytex Energy Corp.)
No Waiver; Remedies. No In addition to, and not in limitation of, Section 2.3 and Section 2.5, no failure on the part of any the Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 15 contracts
Samples: Guarantee (TransMedics Group, Inc.), Guarantee (TransMedics Group, Inc.), Credit Agreement (Natera, Inc.)
No Waiver; Remedies. No failure on the part of any Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 14 contracts
Samples: Guaranty (Bunge Global SA), Guaranty (Bungeltd), Guaranty (Bungeltd)
No Waiver; Remedies. No failure on the part of any Lender or the Agent Pledgee to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 13 contracts
Samples: Borrower Copyright Security Agreement (Titan Corp), Borrower Copyright Security Agreement (Titan Corp), Borrower Copyright Security Agreement (Surebeam Corp)
No Waiver; Remedies. No failure on the part of any Lender the Agent or the Agent Lender to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 13 contracts
Samples: Credit and Security Agreement, Loan and Security Agreement (Medallion Financial Corp), Credit and Security Agreement (GWG Holdings, Inc.)
No Waiver; Remedies. No failure on the part of any Lender Lender, any Issuer or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 13 contracts
Samples: Revolving Credit Agreement (Boardwalk Pipeline Partners, LP), Revolving Credit Agreement (Boardwalk Pipeline Partners, LP), Revolving Credit Agreement
No Waiver; Remedies. No failure on the part of any Lender or the Facility Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 13 contracts
Samples: Credit Agreement (Philip Morris International Inc.), Credit Agreement (Philip Morris International Inc.), Credit Agreement (Philip Morris International Inc.)
No Waiver; Remedies. No failure on the part of any Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 13 contracts
Samples: Pooling and Servicing Agreement (SG Commercial Mortgage Securities, LLC), Pooling and Servicing Agreement (SG Commercial Mortgage Securities, LLC), Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2014-C14)
No Waiver; Remedies. No failure on the part of any Lender Lender, Issuer or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 12 contracts
Samples: Credit Agreement (Amc Entertainment Holdings, Inc.), Credit Agreement (Amc Entertainment Holdings, Inc.), Credit Agreement (Amc Entertainment Inc)
No Waiver; Remedies. No failure on the part of any Lender Bank or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 12 contracts
Samples: Conformed Copy (Halliburton Co), Revolving Credit Agreement (Halliburton Co), Credit Agreement (Halliburton Co)
No Waiver; Remedies. No failure on the part of any Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 11 contracts
Samples: Subsidiary Guaranty (Verity Corp.), Verity Farms (Verity Corp.), Verity Corp.
No Waiver; Remedies. No failure on the part of any Lender Bank or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 11 contracts
Samples: Credit Agreement (RR Donnelley & Sons Co), Credit Agreement (Donnelley R R & Sons Co), Credit Agreement (Young & Rubicam Inc)
No Waiver; Remedies. No failure on the part of any ------------------- Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 11 contracts
Samples: Credit Agreement (Monsanto Co /New/), Day Credit Agreement (Monsanto Co /New/), Credit Agreement (C Quential Inc)
No Waiver; Remedies. No failure on the part of any Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 11 contracts
Samples: Credit Agreement (Pepsi Bottling Group Inc), Credit Agreement (Bottling Group LLC), Extension Agreement (Pepsi Bottling Group Inc)
No Waiver; Remedies. No failure on the part of any Lender or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder or under any Note preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 10 contracts
Samples: Credit Agreement (Burlington Resources Inc), Credit Agreement (Burlington Resources Inc), Credit Agreement (Burlington Resources Inc)
No Waiver; Remedies. No failure on the part of any Lender or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note or any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 10 contracts
Samples: Credit Agreement (Alliance Resource Partners Lp), Security Agreement (Alliance Resource Partners Lp), Security Agreement (Alliance Holdings GP, L.P.)
No Waiver; Remedies. No failure on the part of the Agent or any Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note the Loan Notes shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 10 contracts
Samples: Credit Agreement (Sunnova Energy International Inc.), Credit Agreement (Sunnova Energy International Inc.), Credit Agreement (Sunnova Energy International Inc.)
No Waiver; Remedies. No failure on the part of any ------------------- Lender or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 10 contracts
Samples: Day Credit Agreement (Sprint Corp), Year Credit Agreement (Sprint Corp), Credit Agreement (Marriott International Inc)
No Waiver; Remedies. No failure on the part of any the Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 10 contracts
Samples: Loan and Security Agreement (Secure Alliance Holdings Corp), Security Agreement (WHX Corp), Security Agreement (Steel Partners Ii Lp)
No Waiver; Remedies. No failure on the part of any the Lender or the Agent to exercise, exercise and no delay in exercising, exercising any right or remedy hereunder or under any Note shall operate as a waiver thereof; nor shall the Lender be estopped to exercise any such right or remedy at any future time because of any such failure or delay; nor shall any single or partial exercise of any such right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other rightright or remedy. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 10 contracts
Samples: Guaranty (Novo Integrated Sciences, Inc.), Guaranty (Novo Integrated Sciences, Inc.), Guaranty (Clearday, Inc.)
No Waiver; Remedies. No failure on the part of any Lender Party or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 9 contracts
Samples: Revolving Credit Agreement (Gap Inc), Revolving Credit Agreement (Rayonier Advanced Materials Inc.), Revolving Credit Agreement (Rayonier Advanced Materials Inc.)
No Waiver; Remedies. No failure on the part of any Lender or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein and therein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 9 contracts
Samples: Term Loan Agreement (Easterly Government Properties, Inc.), Term Loan Agreement (Easterly Government Properties, Inc.), Term Loan Agreement (Easterly Government Properties, Inc.)
No Waiver; Remedies. No failure on the part of any Lender or the Agent Noteholders to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 9 contracts
Samples: Note Issuance and Purchase Agreement (Alternus Energy Inc.), Note Purchase Agreement (Universal Seismic Associates Inc), Guaranty and Exchange Agreement (Texoil Inc /Nv/)
No Waiver; Remedies. No failure on the part of any Lender Lender, Issuer or the any Facility Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 9 contracts
Samples: Credit Agreement (Warnaco Group Inc /De/), Credit Agreement (Warnaco Group Inc /De/), Credit Agreement (Warnaco Group Inc /De/)
No Waiver; Remedies. No failure on the part of any Lender or the Agent Purchaser to exercise, and no delay in exercising, any right hereunder or under any Note Sale Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 9 contracts
Samples: Receivables Sale Agreement (Chrysler Financial Corp), Receivables Sale Agreement (Chrysler Financial Corp), Receivables Sale Agreement (Chrysler Financial Corp)
No Waiver; Remedies. No failure on the part of any Lender or the Agent Trust to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 9 contracts
Samples: Receivables Purchase Agreement (KAR Auction Services, Inc.), Receivables Purchase Agreement (KAR Auction Services, Inc.), Receivables Purchase Agreement (KAR Auction Services, Inc.)
No Waiver; Remedies. No failure on the part of any the Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any the Revolving Loan Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawLaw.
Appears in 8 contracts
Samples: Revolving Credit Agreement (NB Manufacturing, Inc.), Revolving Credit Agreement (Sparta Surgical Corp), Revolving Credit Agreement (NB Manufacturing, Inc.)
No Waiver; Remedies. No failure on the part of any Lender or the Administrative Agent to exercise, and no delay in exercising, and no course of dealing with respect to, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 8 contracts
Samples: Credit Agreement (Coca-Cola Consolidated, Inc.), Term Loan Agreement (Coca-Cola Consolidated, Inc.), Loan Agreement (Coca Cola Bottling Co Consolidated /De/)
No Waiver; Remedies. No failure on the part of the Agent or any Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 8 contracts
Samples: Credit Agreement (Packaging Corp of America), Credit Agreement (Packaging Corp of America), Credit Agreement (Packaging Corp of America)
No Waiver; Remedies. No failure on the part of any Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note or CAF Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 8 contracts
Samples: Credit Agreement (Centerpoint Energy Inc), Credit Agreement (Centerpoint Energy Houston Electric LLC), Credit Agreement (Centerpoint Energy Resources Corp)
No Waiver; Remedies. No failure on the part of any Lender or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 7 contracts
Samples: Credit Agreement (Becton Dickinson & Co), Credit Agreement (Becton Dickinson & Co), Credit Agreement (Becton Dickinson & Co)
No Waiver; Remedies. No failure on the part of any Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note or any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 7 contracts
Samples: Credit Agreement (Trident Resources Corp), Credit Agreement (Chemtura CORP), Credit Agreement (Greater Bay Bancorp)
No Waiver; Remedies. No failure on the part of any Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 7 contracts
Samples: Servicing Agreement (Medallion Financial Corp), Security Agreement (Aspen Technology Inc /De/), Performance Guaranty (NewStar Financial, Inc.)
No Waiver; Remedies. No failure on the part of any Lender or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereofthereof or consent thereto; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by applicable law.
Appears in 7 contracts
Samples: Year Credit Agreement (Black & Decker Corp), Credit Agreement (Black & Decker Corp), Day Credit Agreement (Black & Decker Corp)
No Waiver; Remedies. No failure on the part of any Lender or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 7 contracts
Samples: Credit Agreement (Progress Energy Inc), Credit Agreement (Progress Energy Inc), Credit Agreement (Progress Energy Inc)
No Waiver; Remedies. No failure on the part of any Lender Lender, the LC Issuer or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 7 contracts
Samples: Credit Agreement, Credit Agreement, Credit Agreement
No Waiver; Remedies. No failure on the part of any Lender or the Agent Purchaser to exercise, and no delay in exercising, any right hereunder or under any Note this Agreement shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawLaw.
Appears in 6 contracts
Samples: Purchase and Sale Agreement (Oportun Financial Corp), Purchase and Sale Agreement (Oportun Financial Corp), Purchase and Sale Agreement (Oportun Financial Corp)
No Waiver; Remedies. No In addition to, and not in limitation of Section 2.5, no failure on the part of any Lender or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawLaw.
Appears in 6 contracts
Samples: Pledge and Security Agreement (MDxHealth SA), Pledge and Security Agreement (Verrica Pharmaceuticals Inc.), Pledge and Security Agreement (AVITA Medical, Inc.)
No Waiver; Remedies. No failure on the part of any Lender or the any Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 6 contracts
Samples: Credit Agreement (CSRA Inc.), Credit Agreement (CSRA Inc.), Credit Agreement (Ternium S.A.)
No Waiver; Remedies. No failure on the part of any Lender or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 6 contracts
Samples: Credit Agreement (Livent Corp.), Credit Agreement (Arcadium Lithium PLC), Credit Agreement (Livent Corp.)
No Waiver; Remedies. No failure on the part of any Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any the Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 6 contracts
Samples: Bridge Loan Agreement, Bridge Loan Agreement, Secured Credit Agreement (Cross Border Resources, Inc.)
No Waiver; Remedies. No failure on the part of any Lender or of the Agent Lenders to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law, the Credit Agreement or any other agreement relating to the Obligations.
Appears in 6 contracts
Samples: Credit Agreement (Topps Co Inc), First (Topps Co Inc), Credit Agreement (Topps Co Inc)
No Waiver; Remedies. No failure on the part of any Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law. SECTION 8.04.
Appears in 6 contracts
Samples: Five Year Credit Agreement (Gatx Corp), Five Year Credit Agreement (Gatx Corp), Year Credit Agreement (Ies Utilities Inc)
No Waiver; Remedies. No Regardless of any fact known or investigation undertaken by the Agent or any Lender, no failure on the part of the Agent or any Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 6 contracts
Samples: Revolving Credit Agreement (Chiquita Brands International Inc), Revolving Credit Agreement (Carnival Corp), And Restatement Agreement (Carnival Corp)
No Waiver; Remedies. No failure on the part of any Lender the Purchaser or the Agent Seller to exercise, and no delay in exercising, any right hereunder or under any Note this Agreement shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Silo Pharma, Inc.), Common Stock Purchase Agreement (Bankengine Technologies Inc), Exhibit 1 (Gardner Michael)
No Waiver; Remedies. No failure on the part of any Lender or the either Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 5 contracts
Samples: Second Lien Credit Agreement (Geologistics Corp), Credit Agreement (Dial Corp /New/), Credit Agreement (Dial Corp /New/)
No Waiver; Remedies. No failure on the part of any Lender or the Agent Company to exercise, and no delay in exercising, any right hereunder or under any Note shall will operate as a waiver thereof; nor shall will any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 5 contracts
Samples: Equity Contribution Agreement, Equity Contribution Agreement (Cheniere Corpus Christi Holdings, LLC), Equity Contribution Agreement (Cheniere Energy Inc)
No Waiver; Remedies. No failure on the part of any the Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 5 contracts
Samples: Subordination and Standby Agreement (Castellum, Inc.), Subordination and Standby Agreement (Castellum, Inc.), Subordination and Standby Agreement (Castellum, Inc.)
No Waiver; Remedies. No failure on the part of any Lender or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law. SECTION 9.04.
Appears in 5 contracts
Samples: Credit Agreement (Livent Corp.), Credit Agreement (FMC Corp), Credit Agreement (Livent Corp.)
No Waiver; Remedies. No failure on the part of any Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 5 contracts
Samples: Credit Agreement (Amc Entertainment Holdings, Inc.), Credit Agreement (Amc Entertainment Holdings, Inc.), Credit Agreement (Steelcase Inc)
No Waiver; Remedies. No failure on the part of any Lender or the Designated Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 5 contracts
Samples: Bridge Credit Agreement (Twenty-First Century Fox, Inc.), Credit Agreement (Twenty-First Century Fox, Inc.), Credit Agreement (News Corp)
No Waiver; Remedies. No failure on the part of the Board, any Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 5 contracts
Samples: Loan Agreement (Us Airways Group Inc), Loan Agreement (Us Airways Group Inc), Loan Agreement (Us Airways Inc)
No Waiver; Remedies. No failure on the part of any Lender or the Agent Holder to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 5 contracts
Samples: Financing Agreement (Weyerhaeuser Co), Prestolite Electric Inc, Private Media Group Inc
No Waiver; Remedies. No Except as otherwise specified herein, no failure on the part of any Lender or the Agent Secured Creditor to exercise, exercise and no delay in exercising, any right or remedy hereunder or under any Note shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 5 contracts
Samples: Subordination Agreement (Acura Pharmaceuticals, Inc), Subordination Agreement (Acura Pharmaceuticals, Inc), Subordination Agreement (Acura Pharmaceuticals, Inc)
No Waiver; Remedies. No failure on the part of any the Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any the Promissory Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 5 contracts
Samples: Credit Agreement (Hut 8 Corp.), Credit Agreement (Hut 8 Corp.), Credit Agreement (Hut 8 Corp.)
No Waiver; Remedies. No failure on the part of any Lender or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any , and no single or partial exercise of any such right shall preclude any other or further exercise thereof or the exercise of any other right. The remedies provided herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 5 contracts
Samples: Revolving Credit Agreement (Frontier Oil Corp /New/), Revolving Credit Agreement (Frontier Oil Corp /New/), Revolving Credit Agreement (Frontier Oil Corp /New/)
No Waiver; Remedies. No failure on the part of any Lender or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided in this Agreement are cumulative and not exclusive of any remedies provided by law.
Appears in 5 contracts
Samples: Credit Agreement (Global Industries LTD), Revolving Credit Agreement (McDermott International Inc), Credit Agreement (Global Industries LTD)
No Waiver; Remedies. No failure on the part of any Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 5 contracts
Samples: Credit Agreement (Littelfuse Inc /De), Credit Agreement (Littelfuse Inc /De), Loan Agreement (Littelfuse Inc /De)
No Waiver; Remedies. No In addition to, and not in limitation of, ------------------- Sections 2.3 and 2.5, no failure on the part of the Agent or any Lender or the Agent to ------------ --- exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 5 contracts
Samples: Credit Agreement (Georgia Pacific Corp), Credit Agreement (Georgia Pacific Corp), Credit Agreement (Georgia Pacific Corp)
No Waiver; Remedies. No failure on the part of any Lender the Agent or the Agent Lenders to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 5 contracts
Samples: Credit and Security Agreement (GWG Life, LLC), Credit and Security Agreement (GWG Holdings, Inc.), Credit and Security Agreement (GWG Holdings, Inc.)
No Waiver; Remedies. No failure on the part of any Lender or the Agent ROS to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawLaw.
Appears in 5 contracts
Samples: Royalty Agreement (Natera, Inc.), Royalty Agreement (Natera, Inc.), Credit Agreement (Natera, Inc.)
No Waiver; Remedies. No failure on the part of any Lender or the Agent to exercise, and no delay in exercising, any right right, remedy, power or privilege hereunder or under any Note other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 5 contracts
Samples: Credit Agreement (Georgia Pacific Corp), Credit Agreement (Georgia Pacific Corp), Credit Agreement (Georgia Pacific Corp)
No Waiver; Remedies. No failure on the part of any Lender or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawapplicable Law.
Appears in 4 contracts
Samples: Credit Agreement (Abbott Laboratories), Credit Agreement (Abbott Laboratories), Credit Agreement (Abbott Laboratories)
No Waiver; Remedies. No failure on the part of any Lender Lender, Issuer or the any Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 4 contracts
Samples: Credit Agreement (Prestige Brands Holdings, Inc.), Credit Agreement (Wendy's/Arby's Group, Inc.), Credit Agreement (Prestige Brands International, Inc.)
No Waiver; Remedies. No failure on the part of the Agent or any Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 4 contracts
Samples: Credit Agreement, Credit Agreement (Vicorp Restaurants Inc), Credit Agreement (Vicorp Restaurants Inc)
No Waiver; Remedies. No failure on the part of any Lender the Borrower or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 4 contracts
Samples: Parent Guaranty (Sunnova Energy International Inc.), Parent Guaranty (Sunnova Energy International Inc.), Parent Guaranty (Sunnova Energy International Inc.)
No Waiver; Remedies. No In addition to, and not in limitation of, Section 2.3 and Section 2.5, no failure on the part of any the Lender or any holder of the Agent Note to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 4 contracts
Samples: Guaranty (Pinnacle Airlines Corp), Letter Agreement (Pinnacle Airlines Corp), Guaranty (Pinnacle Airlines Corp)
No Waiver; Remedies. 5.4 No failure on the part of any Lender the Beneficiaries or the Agent on their behalf to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right hereunder preclude any the other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 4 contracts
Samples: Agreement (Baytex Energy Corp.), Security Agreement (USD Partners LP), Credit Agreement (Baytex Energy Corp.)
No Waiver; Remedies. No failure on the part of any Lender the Borrower or the Agent Lender to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 4 contracts
Samples: Keep Well Agreement (Polaris Aircraft Income Fund Iii), Keep Well Agreement (Polaris Aircraft Income Fund Ii), Keep Well Agreement (Polaris Aircraft Income Fund V)
No Waiver; Remedies. No failure on the part of any Lender BP, BPCNA or the Agent IDT to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 4 contracts
Samples: Preferred Supplier Agreement, Preferred Supplier Agreement (Genie Energy. Ltd.), Preferred Supplier Agreement (Idt Corp)
No Waiver; Remedies. No failure on the part of any Lender or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or of the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 4 contracts
Samples: Credit Agreement (Progress Energy Inc), Credit Agreement (Florida Progress Corp), Credit Agreement (Florida Progress Corp)
No Waiver; Remedies. No failure on the part of any the Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any the Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder or under the Note preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 4 contracts
Samples: Loan Agreement (Skye Bioscience, Inc.), Intercompany Loan Agreement, Intracompany Loan Agreement (Medium4 Com Inc)
No Waiver; Remedies. No failure on the part of any the Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note the Notes shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 4 contracts
Samples: Credit Agreement (Alexanders Inc), Credit Line Agreement (Alexanders Inc), Credit Agreement (Alexanders Inc)
No Waiver; Remedies. No failure on the part of any Lender or the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Revolving Credit Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 4 contracts
Samples: Credit Agreement (Felcor Hotel Asset Co LLC), Day Credit Agreement (Applied Materials Inc /De), Credit Agreement (Applied Materials Inc /De)
