No Waiver; Remedies. No failure on the part of the Bank to exercise, and no delay in exercising, any right hereunder 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: Facility Agreement, Letter of Credit Facility Agreement (Sunpower Corp), Letter of Credit Facility Agreement (Sunpower Corp)
No Waiver; Remedies. No failure on the part of any Bank, the Agent, or the Issuing Bank 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 (Stone Energy Corp), Credit Agreement (Stone Energy Corp), Credit Agreement (Stone Energy Corp)
No Waiver; Remedies. No failure on the part of any Bank or the Bank Agent to exercise, and no delay in exercising, any right hereunder 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 10 contracts
Samples: And Reimbursement Agreement (Eme Homer City Generation Lp), And Reimbursement Agreement (Eme Homer City Generation Lp), Credit and Reimbursement Agreement (Reliant Energy Mid Atlantic Power Services Inc)
No Waiver; Remedies. No failure on the part of the any Bank or any Agent to exercise, and no delay in exercising, any right hereunder 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: Reimbursement Agreement (Ace LTD), Reimbursement Agreement (Ace LTD), Reimbursement Agreement (Ace LTD)
No Waiver; Remedies. No failure on the part of any member of the Bank Group to exercise, and no or any delay in exercising, any right hereunder 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 in this Agreement are cumulative and not exclusive of any remedies provided in any of the other Loan Documents or by law.
Appears in 7 contracts
Samples: Credit Agreement (Marine Drilling Companies Inc), Credit Agreement (Core Laboratories N V), Credit Agreement (Marine Drilling Companies Inc)
No Waiver; Remedies. No failure on the part of any Bank (including the Bank Issuing Bank) or the Agent to exercise, and no delay in exercising, any right hereunder 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 6 contracts
Samples: Power Purchase Agreement (Aes Red Oak LLC), Credit and Reimbursement Agreement (Tenaska Georgia Partners Lp), Credit and Reimbursement Agreement (Aes Ironwood LLC)
No Waiver; Remedies. No failure on the part of any Bank or the Bank Agent to exercise, and no delay in exercising, any right hereunder 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: Term Loan Credit Agreement (Ecolab Inc), Day Credit Agreement (Ecolab Inc), Credit Agreement (Ecolab Inc)
No Waiver; Remedies. No failure on the part of the Bank to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; 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: Security Agreement (Torch Offshore Inc), Reimbursement and Security Agreement (Tj International Inc), Reimbursement and Security Agreement (Sleepmaster LLC)
No Waiver; Remedies. No failure on the part of the Bank to exercise, and no delay in exercising, any right hereunder 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: Reimbursement Agreement, Reimbursement Agreement (Provena Foods Inc), Reimbursement Agreement (National Healthcare Corp)
No Waiver; Remedies. No failure on the part of the Bank to exercise, and no delay in exercising, any right hereunder 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: Guarantee Agreement, Guarantee Agreement (Nationwide Financial Services Inc/), Credit Agreement (Fm Properties Inc)
No Waiver; Remedies. No failure on the part of any member of the Bank Group to exercise, and no or any delay in exercising, any right hereunder 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 in this Agreement are cumulative and not exclusive of any remedies provided in any of the other Loan Documents or by applicable law.
Appears in 4 contracts
Samples: Credit Agreement (Kirby Corp), Credit Agreement (Kirby Corp), Credit Agreement (Kirby Corp)
No Waiver; Remedies. No failure on the part of any holder of the Bank Debt Securities to exercise, and no delay in exercising, any right hereunder 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: Guarantee (Waste Management Inc), Guarantee (Waste Management Holdings Inc), Guarantee (Waste Management Inc)
No Waiver; Remedies. No failure on the part of the Bank to exercise, and no delay in exercising, any right hereunder or under 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 4 contracts
Samples: Credit Agreement (Flotek Industries Inc/Cn/), Term Note (Legg Mason Inc), Credit Agreement (Valhi Inc /De/)
No Waiver; Remedies. No failure on the part of the Bank any Financial Institution to exercise, and no delay in exercising, any right hereunder 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 3 contracts
Samples: Credit Agreement (Williams Companies Inc), Guaranty (Williams Companies Inc), Williams Companies Inc
No Waiver; Remedies. No failure on the part of the Bank Lender to exercise, and no delay in exercising, any right hereunder under the Loan Documents 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 3 contracts
Samples: Credit Agreement (Dynacq International Inc), Credit Agreement (Dynacq International Inc), Credit Agreement (Dynacq International Inc)
No Waiver; Remedies. No failure on the part of any Bank, any Issuing Bank or the Bank Agent to exercise, and no delay in exercising, any right hereunder under any 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 3 contracts
Samples: Revolving Credit Agreement (Phycor Inc/Tn), Revolving Credit Agreement (Phycor Inc /Tn/), Revolving Credit Agreement (Phycor Inc /Tn/)
No Waiver; Remedies. No failure on the part of the Bank to exercise, and no delay in exercising, any right hereunder or under 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 3 contracts
Samples: Credit Agreement (Flotek Industries Inc/Cn/), Credit Agreement (Flotek Industries Inc/Cn/), Credit Agreement (Flotek Industries Inc/Cn/)
No Waiver; Remedies. No failure on the part of any Bank or the Bank Administrative Agent to exercise, and no delay in exercising, any right hereunder 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 2 contracts
Samples: Credit and Reimbursement Agreement, Letter of Credit and Reimbursement Agreement (Commonwealth Edison Co)
No Waiver; Remedies. No failure on the part of the Bank or the Company to exercise, and no delay in exercising, any right hereunder 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 2 contracts
Samples: Reimbursement Agreement (Burlington Coat Factory Warehouse Corp), Reimbursement Agreement (Sifco Industries Inc)
No Waiver; Remedies. No failure on the part of any Bank or any Issuing Bank or the Bank Agent, Euro-Agent or any Local Currency Agent to exercise, and no delay in exercising, any right hereunder 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 2 contracts
Samples: Multicurrency Credit Agreement (Ecolab Inc), Multicurrency Credit Agreement (Ecolab Inc)
No Waiver; Remedies. No failure on the part of any Bank or ------------------- the Bank 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 2 contracts
Samples: Day Credit Agreement (Donnelley R R & Sons Co), Day Credit Agreement (Donnelley R R & Sons Co)
No Waiver; Remedies. No failure on the part of the Bank Lender to exercise, and no delay in exercising, any right hereunder under any 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 2 contracts
Samples: Loan Agreement (American Retirement Corp), Loan Agreement (American Retirement 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 the Bank to exercise, and no delay in exercising, any right hereunder 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 2 contracts
Samples: Credit Agreement (Cymer Inc), Parent Guaranty (Ocular Sciences Inc /De/)
No Waiver; Remedies. No failure on the part of any Bank or ------------------- the Bank Agent to exercise, and no delay in exercising, any right hereunder 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 2 contracts
Samples: Credit Agreement (Hancock John Financial Services Inc), Credit Agreement (Hancock John Financial Services Inc)
No Waiver; Remedies. No In addition to, and not in limitation of, and other provision hereof, no failure on the part of the Bank to exercise, and no delay in exercising, any right hereunder 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 2 contracts
Samples: Warnaco Group Inc /De/, Warnaco Group Inc /De/
No Waiver; Remedies. No failure on the part of the Bank to exercise, and no any delay in exercising, any right hereunder 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 in this Agreement and the Notes are cumulative and not exclusive of any remedies provided in any of the other Loan Documents or by law.
Appears in 2 contracts
Samples: Credit Agreement (Proler International Corp), Credit Agreement (Proler International Corp)
No Waiver; Remedies. No failure on the part of the Bank to ------------------- exercise, and no delay in exercising, any right hereunder 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 2 contracts
Samples: Loan Agreement (Pj America Inc), Loan Agreement (Tarrant Apparel Group)
No Waiver; Remedies. No failure on the part of the Bank to exercise, and no delay in exercising, any right hereunder 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 2 contracts
No Waiver; Remedies. No failure on the part of the Bank to exercise, and no delay in exercising, exercising any right hereunder shall operate as a waiver thereof; thereof nor shall any single or partial exercise by Bank of any such right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other rightright or remedy. The rights and remedies herein provided are cumulative and not exclusive of any other remedies provided hereunder or by any other instrument or document or under applicable law.
Appears in 2 contracts
Samples: Loan and Security Agreement (CNL Strategic Capital, LLC), Pledge and Assignment of Bank and Deposit Accounts (CNL Strategic Capital, LLC)
No Waiver; Remedies. No failure on the part of the Bank to exercise, and no delay in exercising, any right hereunder 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 2 contracts
Samples: Loan Agreement (Autocam Corp/Mi), Reimbursement Agreement (Pfsweb Inc)
No Waiver; Remedies. No failure on the part of the any Bank to ------------------- exercise, and no delay in exercising, any right hereunder or under the Borrower Notes shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder or under the Borrower Notes 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 2 contracts
Samples: Credit Agreement (Alpha Industries Inc), Credit Agreement (Alpha Industries Inc)
No Waiver; Remedies. No failure on the part of the Bank 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 1 contract
No Waiver; Remedies. No failure on the part of the Issuing Bank to exercise, and no delay in exercising, any right hereunder 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 1 contract
Samples: Letter of Credit and Reimbursement Agreement (Flagstone Reinsurance Holdings LTD)
No Waiver; Remedies. No failure on the part of the any Bank or 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 1 contract
No Waiver; Remedies. (a) No failure on the part of the Bank to exercise, and no delay in exercising, any right hereunder 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 or any of the other Loan Documents.
Appears in 1 contract
Samples: Williams Controls Inc
No Waiver; Remedies. No failure on the part of the Bank Banks to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor , or 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.law.
Appears in 1 contract
Samples: Credit Agreement
No Waiver; Remedies. No failure on the part of the Bank to exercise, and no delay in exercising, any right hereunder 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 1 contract
Samples: Letter of Credit Facility Agreement (Sunpower Corp)
No Waiver; Remedies. No failure on the part of the Bank to exercise, exercise and no delay in exercising, any right hereunder 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 1 contract
No Waiver; Remedies. No failure on the part of the any Bank to exercise, and no delay in exercising, any right hereunder 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 1 contract
Samples: General Public Utilities Corp /Pa/
No Waiver; Remedies. No failure on the part of any Bank or the Bank Agent to exercise, and no delay in exercising, any right hereunder 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.other
Appears in 1 contract
Samples: Day Credit Agreement (Ecolab Inc)
No Waiver; Remedies. No failure on the part of the Bank or Borrower to exercise, and no delay in exercising, any right hereunder 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 1 contract
No Waiver; Remedies. No failure on the part of the Bank or the ------------------- Borrower to exercise, and no delay in exercising, any right hereunder 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 1 contract
Samples: Credit Agreement (Yuasa Inc)
No Waiver; Remedies. No failure on the part of the Bank to exercise, and no delay in exercising, any right hereunder under any 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 1 contract
No Waiver; Remedies. No failure on the part of the Bank to exercise, and no delay in exercising, any right hereunder 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. No notice to or demand on the Issuer in any case shall entitle the Issuer to any other or further notice or demand in the same, similar or other circumstances. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the Bank or the Guarantor to exercise, and no delay in exercising, any right hereunder 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 1 contract
Samples: Natco Group Inc
No Waiver; Remedies. No failure on the part of any Bank or the Bank Agent to exercise, and no delay in exercising, any right hereunder 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 1 contract
No Waiver; Remedies. No failure on the part of the Issuing Bank to exercise, and no delay in exercising, any right hereunder 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 1 contract
No Waiver; Remedies. No failure on the part of the Bank to ------------------- exercise, and no delay in exercising, any right hereunder 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 1 contract
Samples: Guaranty (Overseas Partners LTD)
No Waiver; Remedies. No failure on the part of the Bank Creditor to exercise, and no delay in exercising, any right hereunder 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 1 contract
Samples: Guaranty (Ugi Corp /Pa/)
No Waiver; Remedies. No failure on the part of the any Bank or either 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 1 contract
No Waiver; Remedies. No failure on the part of the Bank or the Commission to exercise, and no delay in exercising, any right hereunder 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 1 contract
Samples: Credit and Reimbursement Agreement
No Waiver; Remedies. No failure on the part of any Bank or the Bank --------------------- Agent to exercise, and no delay in exercising, any right hereunder under any 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 1 contract
Samples: Credit Agreement (Weingarten Realty Investors /Tx/)
No Waiver; Remedies. No failure on the part of the any Bank or any ------------------- Agent to exercise, and no delay in exercising, any right hereunder 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 1 contract
Samples: Reimbursement Agreement (Ace LTD)
No Waiver; Remedies. No failure on the part of the Bank to exercise, ------------------- and no delay in exercising, any right hereunder 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 1 contract
Samples: Loan Agreement (Pj Acquisition Corp)
No Waiver; Remedies. No failure on the part of the Bank to exercise, and no delay in exercising, any right hereunder 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 1 contract
Samples: Reimbursement Agreement (Axt Inc)
No Waiver; Remedies. No failure on the part of any Bank or the Bank Agent ------------------- to exercise, and no delay in exercising, any right hereunder or under any 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 1 contract
Samples: Credit Agreement (Loehmanns Inc)
No Waiver; Remedies. No failure on the part of the Bank to exercise, and no delay in exercising, any right hereunder or under SS SF/83472 2 69 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 1 contract
No Waiver; Remedies. No failure on the part of the Bank or the Borrower to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any , and no single or partial exercise of any such right hereunder shall preclude any other or further exercise thereof or the exercise of any other rightrights. The remedies provided herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Term Loan Agreement (California Steel Industries Inc)
No Waiver; Remedies. No failure on the part of the Bank to exercise, and no delay in exercising, any right hereunder right, power or remedy hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any such right right, power or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any Bank, the Bank Agent or the Working Capital Agent to exercise, and no delay in exercising, any right hereunder 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 1 contract
Samples: Credit Agreement (Alpharma Inc)
No Waiver; Remedies. No failure on the part of the New Issuing Bank to exercise, and no delay in exercising, any right hereunder or under the Credit Agreement shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder or thereunder 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 1 contract
No Waiver; Remedies. No failure on the part of the Bank any Financial Institution to exercise, and no delay in exercising, any right or remedy hereunder 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 rightright or remedy. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.
Appears in 1 contract
Samples: Credit Agreement (Bj Services Co)
No Waiver; Remedies. No failure on the part of the Bank to exercise, and no delay in exercising, any right hereunder hereunder, under the Notes or under any of the other Loan Documents shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right hereunder, under the Notes or under any of the other Loan Documents 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 1 contract
No Waiver; Remedies. No failure on the part of the Bank 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 1 contract
Samples: Term Loan and Guaranty Agreement (American Electric Power Company Inc)
No Waiver; Remedies. No failure on the part of the Bank to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , unless as permitted under Section 7.03 hereof, 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 1 contract
No Waiver; Remedies. No failure on the part of the Bank to -- ------- --------- exercise, and no delay in exercising, any right hereunder or under 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.. 10.5
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the Bank to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; 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 1 contract
No Waiver; Remedies. No failure on the part of the Bank 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 such right hereunder or under any Loan Document 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 1 contract
No Waiver; Remedies. No failure on the part of the Bank to exercise, and no delay in exercising, any right hereunder 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 lawin any other Loan Document or now or hereafter existing at law or in equity.
Appears in 1 contract
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 the Bank to exercise, and no delay in exercising, any right hereunder 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 1 contract
No Waiver; Remedies. No In addition to, and not in limitation of, Section 2.3 and Section 2.6, no failure on the part of the Bank to exercise, and no delay in exercising, any right hereunder 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 1 contract
No Waiver; Remedies. No failure on the part of any Bank or the Bank Agent to exercise, and no delay in exercising, any right hereunder 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.. Section 9.4
Appears in 1 contract
Samples: Revolving Credit and Letter of Credit Agreement (Wainoco Oil Corp)
No Waiver; Remedies. No failure on the part of ------------------- any Bank or the Bank Agent to exercise, and no delay in exercising, any right hereunder under any 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 1 contract
Samples: Credit Agreement (Weingarten Realty Investors /Tx/)
No Waiver; Remedies. No failure on the part of the Bank or the Agency to exercise, and no delay in exercising, any right hereunder 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 1 contract
Samples: Credit and Reimbursement Agreement
No Waiver; Remedies. No failure on the part of any Bank, the Swingline Bank, any Issuing Bank or any Agent to exercise, and no delay in exercising, any right hereunder 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 1 contract
Samples: Credit Agreement (ACE LTD)
No Waiver; Remedies. No failure on the part of the Bank to ------------------- exercise, and no delay in exercising, any right hereunder or under the Notes shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder or under the Notes 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 1 contract
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 the Bank to exercise, and no delay in exercising, any right hereunder 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 1 contract
Samples: Guarantee and Pledge Agreement (New Age Beverages Corp)
No Waiver; Remedies. No failure on the part of the Bank to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereofthereof or otherwise preclude enforcement of any of its rights and remedies; 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 Bank need not resort to any particular right or remedy before exercising or enforcing any other. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the Bank to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; thereof nor shall any single or partial exercise by Bank of any such right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other rightright or remedy. The rights and remedies herein provided are cumulative and not exclusive of any other remedies provided hereunder or by any other instrument or document or under applicable law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the Bank to exercise, and no delay in exercising, any right hereunder 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 Bank shall have all remedies available at law or equity, including, without limitation, the remedy of specific performance for any breach of any provision hereof. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawlaw or equity.
Appears in 1 contract
Samples: Subsidiary Guaranty (Find SVP Inc)
No Waiver; Remedies. No failure on the part of the Bank Banks to exercise, ------------------ and no delay in exercising, any right hereunder shall operate as a waiver thereof; 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 1 contract
Samples: Revolving Credit Agreement (Halter Marine Group Inc)
No Waiver; Remedies. No failure on the part of any Bank or the Bank Agent to exercise, and no delay in exercising, any right hereunder or under any Note or any other Credit 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 1 contract
Samples: Credit Agreement (Mesa Inc)
No Waiver; Remedies. No failure on the part of any Bank or the Bank Agent to exercise, and no delay in exercising, any right hereunder or under any Note or 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 1 contract
Samples: New England Power Co
No Waiver; Remedies. No failure on the part of any Bank ------------------- or the Bank 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 1 contract
No Waiver; Remedies. No failure on the part of the Bank to exercise, and no delay in exercising, exercising any right hereunder 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 1 contract
No Waiver; Remedies. No failure on the part of any Bank, the Bank Managing Agents or any Facility Agent to exercise, and no delay in exercising, any right hereunder 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 1 contract
Samples: Credit Agreement (Viacom Inc)
No Waiver; Remedies. No failure on the part of any Bank, the Issuing Bank or the Agent to exercise, and no delay in exercising, any right hereunder under any 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 1 contract
Samples: Multicurrency Revolving Credit Agreement (Inmac Corp)
No Waiver; Remedies. No failure on the part of the Bank to exercise, and no delay in exercising, any right hereunder 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 1 contract
Samples: Guaranty Agreement (Sysco Corp)