No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 15 contracts
Samples: Purchase and Contribution Agreement (Bluegreen Vacations Holding Corp), Purchase and Contribution Agreement (Bluegreen Vacations Holding Corp), Purchase and Contribution Agreement (Bluegreen Vacations Holding Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Agent or any assignee thereof 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 13 contracts
Samples: Lancer Corp /Tx/, Credit Agreement (Arkansas Best Corp /De/), Credit Agreement (Precision Response Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Buyer 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 12 contracts
Samples: Master Repurchase Agreement (PennyMac Financial Services, Inc.), Purchase and Contribution Agreement (HPSC Inc), Lease Receivables Sale and Contribution Agreement (Capital Associates Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Purchaser 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 11 contracts
Samples: Sale and Contribution Agreement (Hilton Grand Vacations Inc.), Purchase and Contribution Agreement (Tampa Electric Co), Purchase and Contribution Agreement (Teco Energy Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Beneficiary 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 11 contracts
Samples: Term Loan Agreement (Public Service Co of New Mexico), Guaranty Agreement (Public Service Co of New Mexico), Credit Agreement (FirstEnergy Solutions Corp.)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Issuer or any assignee thereof 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 10 contracts
Samples: Sale Agreement, Sale Agreement (Diamond Resorts International, Inc.), Sale Agreement (MARRIOTT VACATIONS WORLDWIDE Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 8 contracts
Samples: Receivables Purchase and Contribution Agreement, Green Premium Sharing Agreement, Receivables Sale Agreement (Community Health Systems Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor a Deal Agent or any assignee thereof a Purchaser 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 7 contracts
Samples: Note Purchase Agreement (TAL International Group, Inc.), Note Purchase Agreement (TAL International Group, Inc.), Series 2011 1 Note Purchase Agreement (TAL International Group, Inc.)
No Waiver; Remedies. No failure on the part of the SellerIssuer, the Depositor Securitization Indenture Trustee or any assignee thereof 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 7 contracts
Samples: Transfer Agreement (Silverleaf Resorts Inc), Transfer Agreement (Silverleaf Resorts Inc), Transfer Agreement (Silverleaf Resorts Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Buyer 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 6 contracts
Samples: Receivables Sale Agreement, Receivables Sale Agreement (Community Health Systems Inc), Receivables Loan Agreement (Community Health Systems Inc)
No Waiver; Remedies. No failure on the part of the SellerPurchaser, the Depositor Securitization Indenture Trustee or any assignee thereof 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 5 contracts
Samples: Loan Sale Agreement (Silverleaf Resorts Inc), Loan Sale Agreement (Silverleaf Resorts Inc), Loan Sale Agreement (Silverleaf Resorts Inc)
No Waiver; Remedies. No Except as to applicable statutes of limitation, no failure on the part of the Seller, the Depositor or any assignee thereof Counterparty 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 5 contracts
Samples: Rec Purchase and Sale Agreement (Sunrun Inc.), Guaranty Agreement (Aspirity Holdings LLC), Guaranty Agreement (Aspirity Holdings LLC)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Buyer or any assignee thereof Lessee to exercise, and no delay in exercising, any right right, power or remedy hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right right, power or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The rights and remedies herein provided are cumulative and not exclusive of any other rights or remedies provided by lawLaw.
Appears in 4 contracts
Samples: Second Step Transfer Agreement (SPRINT Corp), Second Step Transfer Agreement (SPRINT Corp), Second Step Transfer Agreement (SPRINT Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Deal Agent or any assignee thereof a Purchaser 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 4 contracts
Samples: Note Purchase Agreement (Willis Lease Finance Corp), Receivables Purchase Agreement (Bankvest Capital Corp), Note Purchase Agreement (American Finance Group Inc /De/)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Holder 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 4 contracts
Samples: Guaranty (Mediabay Inc), Subsidiary Guaranty (Audio Book Club Inc), Guaranty (Mediabay Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof 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 right hereunder 17 preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 4 contracts
Samples: Purchase and Contribution Agreement (BFC Financial Corp), Purchase and Contribution Agreement (BBX Capital Corp), Purchase and Contribution Agreement (BBX Capital Corp)
No Waiver; Remedies. No failure on the part of the SellerDepositor, the Depositor Issuer or any assignee thereof 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 4 contracts
Samples: Fourth Amended and Restated Sale Agreement (Diamond Resorts Corp), Fifth Amended and Restated Sale Agreement (Diamond Resorts International, Inc.), Third Amended and Restated Sale Agreement (Diamond Resorts Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 4 contracts
Samples: Fourth Amended and Restated Purchase Agreement (Diamond Resorts Corp), Fifth Amended and Restated Purchase Agreement (Diamond Resorts International, Inc.), Third Amended and Restated Purchase Agreement (Diamond Resorts Corp)
No Waiver; Remedies. No failure on the part of the Seller, Deal Agent or the Depositor or any assignee thereof Purchaser 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 3 contracts
Samples: Receivables Purchase Agreement (Superior National Insurance Group Inc), Receivables Purchase Agreement (Outsource International Inc), Receivables Purchase Agreement (Synthetic Industries Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Lender 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies Each remedy herein provided are is cumulative and is not exclusive of any other remedies remedy provided herein or by law.
Appears in 2 contracts
Samples: Loan and Security Agreement (Overseas Shipholding Group Inc), Loan and Security Agreement (Overseas Shipholding Group Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Holder 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 right hereunder preclude any other or further future exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 2 contracts
Samples: Amerex Group, Inc., Cal-Bay International Inc
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Seller 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Blackwater Midstream Corp.), Asset Purchase Agreement (Blackwater Midstream Corp.)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Canadian Guarantor or any assignee thereof Secured Party 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by lawApplicable Law.
Appears in 2 contracts
Samples: Performance Guaranty (NCR Atleos Corp), Performance Guaranty (NCR Corp)
No Waiver; Remedies. No failure on the part of the SellerIssuer, the Depositor Indenture Trustee or any assignee thereof Noteholder to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, thereof (unless waived in writing); nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 2 contracts
Samples: Indenture (Uici), Uici
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Beneficiary 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 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 other remedies provided by law.
Appears in 2 contracts
Samples: Gentle Dental Service Corp, Gentle Dental Service Corp
No Waiver; Remedies. No Except as to applicable statutes of limitation, no failure on the part of the SellerCounterparty, the Depositor Guarantor or any assignee thereof 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 2 contracts
Samples: Supply Agreement, Supply Agreement
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Payee 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 2 contracts
Samples: Redemption Agreement (Fidelity Holdings Inc), Redemption Agreement (Fidelity Holdings Inc)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Buyer or any assignee thereof 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 2 contracts
Samples: Loan Sale and Servicing Agreement (Diamond Resorts Parent, LLC), Loan Sale and Servicing Agreement (Diamond Resorts Parent, LLC)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Lenders 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 2 contracts
Samples: Guaranty Agreement (Evergreen Sustainable Enterprises, Inc.), Payment Guaranty
No Waiver; Remedies. No Except as set forth in Section 9.12 hereof, no failure on the part of the Seller, Agent or the Depositor or any assignee thereof Lender 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 2 contracts
Samples: Loan and Security Agreement (Silverleaf Resorts Inc), First Amendment Agreement (Equivest Finance Inc)
No Waiver; Remedies. No failure on Nx xxxxxxx xx the part of the Seller, the Depositor or any assignee thereof 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 2 contracts
Samples: Purchase and Contribution Agreement (Bluegreen Corp), Purchase and Contribution Agreement (Bluegreen Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Issuer or any assignee thereof 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law. SECTION 12.
Appears in 1 contract
Samples: Sale Agreement
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Buyer 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 other remedies provided by law.
Appears in 1 contract
Samples: Sale and Leaseback Agreement (3 Dimensional Pharmaceuticals Inc)
No Waiver; Remedies. No failure on the part of the SellerPurchaser or the Collateral Agent (for the benefit of the Lenders), the Depositor or any as assignee thereof hereunder, 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by lawlaw or any other Document.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Purchaser or any assignee thereof to exercise, and no delay in exercising, any right hereunder or under any Sale Assignment shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Agent or any assignee thereof 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Purchaser ------------------- to exercise, and no delay in exercising, any right hereunder or under any Sale Document shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 1 contract
Samples: Receivables Sale Agreement (Unisource Worldwide Inc)
No Waiver; Remedies. No failure on the part faxxxxx xx xxx xart of the SellerDepositor, the Depositor Issuer or any assignee thereof 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 1 contract
Samples: Sale Agreement (Bluegreen Corp)
No Waiver; Remedies. No failure on the part of any ------------------- Holder or the Seller, the Depositor or any assignee thereof 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided in the Note Purchase Agreement, any other Note Document, in equity, or by law.
Appears in 1 contract
Samples: Issuer Security and Pledge Agreement (Western Micro Technology Inc /De)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Investor 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 1 contract
Samples: Intercreditor Agreement (Ener1 Inc)
No Waiver; Remedies. No failure on Nx xxxxxxx xx the part of the Seller, the Depositor Depositor,t he Issuer or any assignee thereof 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 1 contract
Samples: Sale Agreement (Bluegreen Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof ------------------- Buyer 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 1 contract
Samples: Lease Receivables Sale and Contribution Agreement (Bankvest Capital Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Buyer or any assignee thereof 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.. LOAN SALE & SERVICING AGREEMENT
Appears in 1 contract
Samples: Loan Sale and Servicing Agreement (Diamond Resorts Corp)
No Waiver; Remedies. No failure on the part of the SellerPurchaser, the Depositor Financial Services Agent or any assignee thereof the Seller to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall will any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The Except as otherwise provided, the remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 1 contract
Samples: Master Receivables Purchase Agreement (Chrysler Financial Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Buyer to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any . No single or partial exercise of any right hereunder shall preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 1 contract
Samples: Non Recourse Guaranty (Golden Autumn Holdings Inc.)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor Purchaser or any assignee thereof to exercise, and no delay in exercising, any right hereunder or under any Sale Assignment shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 1 contract
Samples: Commercial Loan Sale Agreement (First International Bancorp Inc)
No Waiver; Remedies. No failure on the part faxxxxx xx xxx xart of the Seller, the Depositor Purchaser or any assignee thereof 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 1 contract
Samples: Purchase and Contribution Agreement (Bluegreen Corp)
No Waiver; Remedies. No failure on the part of the SellerPurchaser , the Depositor or any assignee thereof other Beneficiary or any of their respective successors or assigns 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the Seller, the Depositor ------------------- Purchaser or any assignee thereof to exercise, and no delay in exercising, any right hereunder or under any Sale Assignment shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on Nx xxxxxxx xx the part of the SellerDepositor, the Depositor Issuer or any assignee thereof 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 1 contract
Samples: Sale Agreement (Bluegreen Corp)
No Waiver; Remedies. No Except as to applicable statutes of limitation, no failure on the part of the Seller, the Depositor or any assignee thereof Holdings 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the ------------------- Seller, the Depositor Agent, the Investor, any Owner or any assignee thereof CNA 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 1 contract
Samples: Receivables Purchase and Sale Agreement (Alliant Energy Corp)
No Waiver; Remedies. No failure on the part of the SellerPurchaser, the Depositor or any assignee thereof other Beneficiary or any of their respective successors or assigns 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 1 contract
Samples: Scotts Miracle-Gro Co
No Waiver; Remedies. No failure on the part of the SellerOwner, the Depositor Sureties or any assignee thereof the Trustee 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Purchaser ------------------- 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Agent Seller 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 1 contract
Samples: Renewable Energy Purchase Agreement
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Purchaser 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any Holder ------------------- or the Seller, the Depositor or any assignee thereof 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided in the Note Purchase Agreement, any other Note Document, in equity, or by law.
Appears in 1 contract
Samples: Security and Pledge Agreement (Western Micro Technology Inc /De)
No Waiver; Remedies. No failure on xxxxxxx xx the part of the Seller, the Depositor or any assignee thereof 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 1 contract
Samples: Purchase and Contribution Agreement (Bluegreen Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof a Payee 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 1 contract
Samples: Mony Life Insurance Co of America
No Waiver; Remedies. No failure on the part of the Seller, ------------------- Agent or the Depositor or any assignee thereof Lenders 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies remedy provided by law.
Appears in 1 contract
Samples: Financing Agreement (Happy Kids Inc)
No Waiver; Remedies. No failure on xxxxxxx xx the part of the SellerDepositor, the Depositor Issuer or any assignee thereof 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 1 contract
Samples: Sale Agreement (Bluegreen Corp)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Seller 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 1 contract
Samples: Guaranty Agreement (American Leisure Holdings, Inc.)
No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof Lessor 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 right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law.
Appears in 1 contract
Samples: Pogo Producing Co
