No Waiver; Remedies. No failure on the part of any Lender Party or 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 48 contracts
Samples: Loan Credit Agreement (Express, Inc.), Security Agreement (Express, Inc.), Credit Agreement (Express, Inc.)
No Waiver; Remedies. No failure on the part of any Lender Party or 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 46 contracts
Samples: Credit Agreement (Five Star Senior Living Inc.), Credit Agreement (Campus Crest Communities, Inc.), Credit Agreement (Campus Crest Communities, Inc.)
No Waiver; Remedies. (a) No failure on the part of any Lender Guarantied Party or 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 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 lawApplicable Law or any of the other Loan Documents.
Appears in 13 contracts
Samples: Guaranty (Helen of Troy LTD), Guaranty (Helen of Troy LTD), Assignment and Assumption (Heartland Payment Systems Inc)
No Waiver; Remedies. No failure on the part of any Lender Party or any 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 and therein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 11 contracts
Samples: Credit Agreement (Easterly Government Properties, Inc.), Credit Agreement (Easterly Government Properties, Inc.), Credit Agreement (Easterly Government Properties, Inc.)
No Waiver; Remedies. No failure on the part of any Lender Party or any the Administrative Agent to exercise, and no delay in exercising, any right right, remedy, power or privilege 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 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 10 contracts
Samples: Term Loan Agreement (Tyson Foods Inc), Credit Agreement (Tyson Foods Inc), Five Year Credit Agreement (Tyson Foods Inc)
No Waiver; Remedies. No failure on the part of any Lender Party or 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 in the Loan Documents are cumulative and not exclusive of any remedies provided by law.
Appears in 9 contracts
Samples: Credit Agreement (Steel Dynamics Inc), Credit Agreement (Steel Dynamics Inc), Credit Agreement (Steel Dynamics Inc)
No Waiver; Remedies. No failure on the part of any Lender Party or any 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 9 contracts
Samples: Credit Agreement (Kansas City Southern), Credit Agreement (Kansas City Southern), Credit Agreement (Grubb & Ellis Co)
No Waiver; Remedies. No failure on the part of any Lender Party or any the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note or under 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 lawlaw or in equity.
Appears in 8 contracts
Samples: Credit Agreement (Applied Graphics Technologies Inc), Credit Agreement (Mosler Inc), Security Agreement (Inphynet South Broward Inc)
No Waiver; Remedies. No failure on the part of any the Lender Party or any Agent to exercise, and no delay in exercising, any right hereunder 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 hereunder, or under any other 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 8 contracts
Samples: Loan Agreement (Fire & Flower Holdings Corp.), Loan Agreement (Westwater Resources, Inc.), Loan Agreement (Americas Silver Corp)
No Waiver; Remedies. (a) No failure on the part of any Lender Guarantied Party or 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 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 8 contracts
Samples: Credit Agreement (Nine West Group Inc /De), Loan and Security Agreement (Reunion Industries Inc), Revolving Credit Agreement (Felcor Suite Hotels Inc)
No Waiver; Remedies. No failure on the part of any Lender Party the Agent or any Agent other Secured Party 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 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 (BJ's Wholesale Club Holdings, Inc.), Credit Agreement (BJ's Wholesale Club Holdings, Inc.), Credit Agreement (BJ's Wholesale Club Holdings, Inc.)
No Waiver; Remedies. No failure on the part of any Lender Funding Party or any Agent to exercise, and no delay in exercising, any right hereunder or under any Note or any other Loan Operative Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder or under any Operative 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 6 contracts
Samples: Investment and Participation Agreement (Protective Life Insurance Co), Investment and Participation Agreement (Protective Life Corp), Investment and Participation Agreement (Protective Life Insurance Co)
No Waiver; Remedies. No failure on the part of any Lender Party Lender, the Issuing Bank or any the Administrative Agent to exercise, and no delay in exercising, any right hereunder or hereunder, 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 4 contracts
Samples: Guarantee Agreement (Rayonier, L.P.), Credit Agreement (Rayonier Inc), Credit Agreement (Rayonier Inc)
No Waiver; Remedies. (a) No failure on the part of any Lender Guaranteed Party or 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 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 lawapplicable law or by any of the other Loan Documents.
Appears in 4 contracts
Samples: Security Agreement (ESH Hospitality, Inc.), Credit Agreement (ESH Hospitality, Inc.), Credit Agreement (ESH Hospitality, Inc.)
No Waiver; Remedies. No failure on the part of any Lender Party Lender, any Issuing Bank or any the Administrative Agent to exercise, and no delay in exercising, any right hereunder or hereunder, 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 3 contracts
Samples: Credit Agreement (Rayonier Inc), Credit Agreement (Rayonier Inc), Credit Agreement (Rayonier Inc)
No Waiver; Remedies. No failure on the part of any ------------------- Lender Party or any 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 3 contracts
Samples: Credit Agreement (Telespectrum Worldwide Inc), Credit Agreement (Iron Age Holdings Corp), Credit Agreement (Commercial Aggregates Transportation & Sales LLC)
No Waiver; Remedies. No failure on the part of any the Lender Party or any Agent to exercise, and no delay in exercising, and no course of dealing with respect to, any right hereunder right, power, or remedy under any Note or any other Loan Document this Guarantee shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder and under any of the other Loan Documents preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. The remedies provided herein provided and in the other Loan Documents are cumulative and not exclusive of any remedies provided by law.
Appears in 3 contracts
Samples: Guarantee (Caminus Corp), Guarantee (Caminus Corp), Caminus Corp
No Waiver; Remedies. No failure on the part of any Lender Party or 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 3 contracts
Samples: Credit Agreement (Madison River Capital LLC), Intercreditor Agreement (Warnaco Group Inc /De/), Intercreditor Agreement (Warnaco Group Inc /De/)
No Waiver; Remedies. No failure on the part of any Lender Party or any Agent to exercise, and no delay in exercising, any right right, power or privilege hereunder or under any Note or any other Loan Document shall operate as a waiver thereofthereof or consent thereto; nor shall any single or partial exercise of any such right right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The remedies herein provided are cumulative and not exclusive of any remedies provided by applicable law.
Appears in 3 contracts
Samples: Credit Agreement (Davita Inc), Credit Agreement (Davita Inc), Credit Agreement (Davita Inc)
No Waiver; Remedies. No failure on the part of any Lender Party or any the Agent to exercise, and no delay in exercising, any right hereunder or under any Revolving Credit 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 3 contracts
Samples: Credit Agreement (Wheeling Pittsburgh Corp /De/), Credit Agreement (WHX Corp), Credit Agreement (WHX Corp)
No Waiver; Remedies. No failure on the part of any Lender Party Lender, any Issuing Bank or any the Administrative Agent to exercise, and no delay in exercising, any right hereunder or hereunder, under any Note or any other Loan Document or 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: Subsidiary Guarantee Agreement (Rayonier Inc), Credit Agreement (Rayonier Inc), Credit Agreement (Rayonier Inc)
No Waiver; Remedies. No failure on the part of any ------------------- Lender Party or 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 3 contracts
Samples: Credit Agreement (Amf Bowling Worldwide Inc), Credit Agreement (Key3media Group Inc), Credit Agreement (Ipc Information Systems Inc)
No Waiver; Remedies. (a) No failure on the part of any Lender the Secured Party or any Agent to exercise, and no delay in exercising, 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 hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative cumulative, may be exercised singly or concurrently, and are not exclusive of any remedies provided by lawlaw or any of the other Loan Documents.
Appears in 3 contracts
Samples: Intellectual Property Security Agreement (Covad Communications Group Inc), Pledge Agreement (Covad Communications Group Inc), Security Agreement (Covad Communications Group Inc)
No Waiver; Remedies. No failure on the part of any Lender Party or any Agent either ------------------- party hereto to exercise, and no delay in exercising, any right hereunder or under any Note or any other of the Loan Document Documents shall operate as a waiver thereof; nor shall any single or partial exercise of any such right under any of the 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 3 contracts
Samples: Credit Agreement (Southwest Water Co), Credit Agreement (Southwest Water Co), Credit Agreement (Keystone Automotive Industries Inc)
No Waiver; Remedies. No failure on the part of the Secured Party, the Administrative Agent, the Issuing Bank, any Lender Party or any Agent other Credit Party 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 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 (Global Industries LTD), Credit Agreement (Global Industries LTD)
No Waiver; Remedies. No failure on the part of any Lender Party or 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 2 contracts
Samples: Credit Agreement (Maguire Properties Inc), Credit Agreement (Maguire Properties Inc)
No Waiver; Remedies. (a) No failure on the part of any Lender Secured Party or 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 hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative cumulative, may be exercised singly or concurrently, and are not exclusive of any remedies provided by lawlaw or any of the other Loan Documents.
Appears in 2 contracts
Samples: BMC Security Agreement (Homeside Lending Inc), Security Agreement (Homeside Lending Inc)
No Waiver; Remedies. No failure on the part of any Lender Party the Borrower, the Lenders, the Administrative Agent or any Agent other Secured Party 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 2 contracts
Samples: Credit Agreement (PLBY Group, Inc.), Credit Agreement (PLBY Group, Inc.)
No Waiver; Remedies. No failure on the part of any Lender Party or any the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Working Capital 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 2 contracts
Samples: Credit Agreement (Medcath Corp), Credit Agreement (Medcath Corp)
No Waiver; Remedies. No failure on the part of any Lender Party or 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 lawApplicable Law.
Appears in 2 contracts
Samples: Credit Agreement (Lumos Networks Corp.), Credit Agreement (Lumos Networks Corp.)
No Waiver; Remedies. 7.1 No failure on the part of any Lender Guarantied Party or 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 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 lawapplicable Law or any of the other Loan Documents.
Appears in 2 contracts
Samples: Credit Agreement (Great American Financial Resources Inc), Credit Agreement (American Financial Group Inc)
No Waiver; Remedies. No failure on the part of any Lender Party or any the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note Document 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 2 contracts
Samples: Credit Agreement (Ovintiv Inc.), Ovintiv Credit Agreement (Ovintiv Inc.)
No Waiver; Remedies. (a) No failure on the part of any Lender Guarantied Party or 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 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 applicable law, any of the other Loan Documents.
Appears in 2 contracts
Samples: Credit Agreement (Meritage Homes CORP), Credit Agreement (Meritage Homes CORP)
No Waiver; Remedies. No failure on the part of any Lender Party or any Agent the Lender 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. SECTION 10.04.
Appears in 1 contract
Samples: Credit Agreement (Emeritus Corp\wa\)
No Waiver; Remedies. No failure on the part of any ------------------- Lender Party or any 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 1 contract
No Waiver; Remedies. No failure on the part of any Lender ------------------- Funding Party or any Agent to exercise, and no delay in exercising, any right hereunder or under any Note or any other Loan Operative Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder or under any Operative 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
Samples: Investment and Participation Agreement (Us Xpress Enterprises Inc)
No Waiver; Remedies. No In addition to, and not in limitation of, Sections 2.03 and 2.05, no failure on the part of any Lender Secured Party or any Agent to exercise, and no course of dealing with respect to, and no delay in exercising, any right right, power or remedy 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 right, power or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy. 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 Lender Party the Agent or any Agent the Lenders to exercise, and no delay in exercising, any right hereunder or under any Note the Notes or any of the other Loan Document Documents 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.. -49-
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any Lender Party or any Agent Hedge Bank or Operating Lender 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 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: Security Agreement (Gap Inc)
No Waiver; Remedies. No failure on the part of any Lender Party the Borrowers, the Lenders, the Administrative Agent or any Agent other Secured Party 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 1 contract
Samples: Credit Agreement (PLBY Group, Inc.)
No Waiver; Remedies. No failure on the part of any Lender Party or 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.. 115
Appears in 1 contract
Samples: Credit Agreement (Mediq Inc)
No Waiver; Remedies. No failure on the part of any Lender Party or 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.. 109
Appears in 1 contract
No Waiver; Remedies. (a) No failure on the part of any Lender Guaranteed Party or 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 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
No Waiver; Remedies. No failure on the part of any Lender Party or any Agent holder of a Note, a Letter of Credit Application, or an interest in an L/C Obligation 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 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 Lender Financing Party or 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 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 (LTV Corp)
No Waiver; Remedies. No failure on the part of any Lender Party or any Agent to exercise, and no delay in exercising, any right hereunder or under any L/C 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 1 contract
No Waiver; Remedies. No failure on the part of any Lender Party or 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 1 contract
No Waiver; Remedies. No failure on the part of any Lender Party or the any 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 1 contract
No Waiver; Remedies. No failure on the part of any ------------------- Lender Party or any the Administrative Agent to exercise, and no delay in exercising, any right hereunder or hereunder, under any Note or under 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 1 contract
No Waiver; Remedies. No failure on the part of any Lender Party or 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 1 contract
No Waiver; Remedies. No failure on the part of any Lender Party or any the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note or under 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 92 99 right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawlaw or in equity.
Appears in 1 contract
Samples: Credit Agreement (Applied Graphics Technologies Inc)
No Waiver; Remedies. No failure on the part of any Lender Party the Agent, the Owner, BTMUNY or any Agent Indemnified Party 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; 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 Lender Party or any either 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 1 contract
No Waiver; Remedies. No failure on the part of any Lender Party the -------------------- Agent or any Agent other Secured Party 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 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: Parent Guaranty (Commercial Aggregates Transportation & Sales LLC)
No Waiver; Remedies. No failure on the part of any Lender Party or 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 109 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 (Building Materials Corp of America)
No Waiver; Remedies. No failure on the part of any Lender Party or any the Agent to exercise, and no delay in exercising, any right right, remedy, power or privilege hereunder or under any Note or any other Loan Document shall operate as a waiver thereof; nor shall any single sf712790 66 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 1 contract
No Waiver; Remedies. No failure on the part of any Lender Party or any 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.. 67 62
Appears in 1 contract
Samples: Credit Agreement (Paxar Corp)
No Waiver; Remedies. No failure on the part of any Lender the Secured Party or any Agent Creditor to exercise, and no delay in exercising, any right hereunder or under any Note or any other Loan Document shall operate as a D-13 162 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 Refinancing Lender Party or any the Refinancing Lender 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 1 contract
No Waiver; Remedies. No failure on the part of any Lender Party or any Agent to exercise, and no delay in exercising, any right hereunder or under any Special L/C 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 1 contract
No Waiver; Remedies. No failure on the part of any Lender Party or any Agent the Lender to exercise, and no delay in exercising, any right hereunder or under any the 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. SECTION 10.04.
Appears in 1 contract
Samples: Credit Agreement (Emeritus Corp\wa\)
No Waiver; Remedies. No failure on the part of any Lender Party the Agent or any Agent Bank ------------------- 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 1 contract
No Waiver; Remedies. No failure on the part of any Lender Party or any 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.. 100
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any Lender Party or any the Administrative Agent to exercise, and no delay in exercising, any right hereunder or hereunder, under any Note or under 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 1 contract
No Waiver; Remedies. No failure on the part of any Lender the Secured Party or any Escrow 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 hereunder preclude any other or further exercise 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 Lender Party or any the Administrative Agent or the Collateral 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 1 contract
Samples: Revolving Credit Agreement (Andrews Group Inc /De/)
No Waiver; Remedies. No failure on the part of any ------------------- Lender Party or any the Administrative Agent to exercise, and no delay in exercising, any right hereunder or hereunder, under any Note or under 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 1 contract
No Waiver; Remedies. No failure on the part of any Lender Party or any the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Note or any other Loan Document Note, if any, 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 any Lender Party or any Agent the Lender 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 1 contract
Samples: Credit Agreement (Mid America Apartment Communities Inc)
No Waiver; Remedies. No failure on the part of any Lender Party Party, the Administrative Agent or any Co-Collateral 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 1 contract
Samples: Abl Credit Agreement (Accuride Corp)
No Waiver; Remedies. No failure on the part of any Lender Party or 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 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 any AYE Lender Party or any the AYE Lender 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 1 contract
No Waiver; Remedies. No failure on the part of any Lender Party or 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.. 108
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any ------------------- Lender Party or any the Agent to exercise, and no delay in exercising, any right hereunder or hereunder, under any Note or under 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 1 contract
Samples: Schedules and Exhibits (National Golf Properties Inc)
No Waiver; Remedies. No failure on the part of any Lender Party an Agent or any Agent other Indemnified Party 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 hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive or in limitation of any remedies other right or remedy provided by lawLaw.
Appears in 1 contract
Samples: Credit and Security Agreement (Marvel Enterprises Inc)
No Waiver; Remedies. No failure on the part of any Lender Party the Administrator or any Agent Secured Party 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 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.Applicable Law. 747530762 22708133 9
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any Lender Party or any 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 1 contract
No Waiver; Remedies. No failure on the part of any Lender Party or 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.. 148
Appears in 1 contract
Samples: Security Agreement (Express, Inc.)
No Waiver; Remedies. No failure on the part of any Lender Party or 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 1 contract
No Waiver; Remedies. No failure on the part of any Lender Party or 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 in the Loan Documents are cumulative and not exclusive of any remedies provided by law.. 119
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the Facility Agent or any Lender Party or any Agent to exercise, and no delay in exercising, any right hereunder or under any Note or any other the Loan Document 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 1 contract
No Waiver; Remedies. No failure on the part of any ---------------------------------- Lender Party or any Agent to exercise, and no delay in exercising, any right hereunder or under any Note or any other Loan Document 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: Amf Bowling Worldwide Inc
No Waiver; Remedies. No failure on the part of any Lender Party or any 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.. SECTION 10.04
Appears in 1 contract
Samples: Revolving Credit Agreement (Gap Inc)
No Waiver; Remedies. No failure on the part of any Lender Party or any the Agent to exercise, and no delay in exercising, any right hereunder or hereunder, under any Note or under 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 1 contract
No Waiver; Remedies. No failure on the part of any Lender Party or any Agent to exercise, and no delay in exercising, any right hereunder or under any Note or any other Loan Document Note, if any, 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 (Qualcomm Inc/De)
No Waiver; Remedies. (a) No failure on the part of any Lender Guaranteed Party or 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 hereunder preclude any other or further exercise thereof or the exercise of any [BG Staffing] Guaranty #68549144_v3 other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawapplicable Law or any of the other Loan Documents or Bank Product Agreements.
Appears in 1 contract
Samples: Credit Agreement (BG Staffing, Inc.)
No Waiver; Remedies. No failure on the part of any Lender Party or any the Administrative Agent to exercise, and no delay in exercising, any right hereunder or under any Lender 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 1 contract
Samples: Credit Agreement (Accuride Corp)
No Waiver; Remedies. No failure on the part of any Lender ------------------- Party or any the Administrative Agent to exercise, and no delay in exercising, any right hereunder or hereunder, under any Note or under 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 1 contract
No Waiver; Remedies. No failure on the part of any Lender Party or any 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 109 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 any Lender Party the BorrowerBorrowers, the Lenders, the Administrative Agent or any Agent other Secured Party 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 1 contract
Samples: Credit Agreement (PLBY Group, Inc.)
No Waiver; Remedies. No failure on the part of any Lender Party or any 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.. 129 Xxxx Credit and Guaranty Agreement
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any Lender Party or 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.. Alliance Credit Agreement 98 98
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any Lender Party or any the Administrative Agent or the Collateral Agent to exercise, and no delay 105 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 1 contract
No Waiver; Remedies. No failure on the part of any Lender Party the Agents or any Agent Secured Party 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 , 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 right. The remedies provided herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Pledge and Security Agreement (Michael Kors Holdings LTD)
No Waiver; Remedies. No failure on the part of any Lender Party or 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 1 contract
