Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors and the Agent, provided that any provision of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Agent. (b) Neither the Agent nor any Lender shall by any act (except by a written instrument pursuant to subsection 18(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors and the Administrative Agent, each affected Subordinated Borrower and each affected Subordinated Lender; provided that any provision of this Agreement may be waived by the Agent and the Senior Lenders in a letter or agreement executed by the Agent Required Lenders, or by telex or facsimile transmission from the AgentAdministrative Agent with the written consent of the Required Lenders, and each affected Subordinated Lender.
(b) Neither the Agent nor any Lender shall by any act (except by a written instrument pursuant to subsection 18(a) hereof), delay, indulgence, omission No failure or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any delay of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agent or any Lender, other Senior Lender in exercising any right, power power, remedy, benefit or privilege hereunder shall operate as a waiver thereof. No , nor shall any single or partial exercise of any such right, power power, remedy, benefit or privilege hereunder shall privilege, or any abandonment or discontinuance of steps to enforce such right, power, remedy, benefit or privilege, preclude any other or further exercise thereof or the exercise of any other right, power power, remedy, benefit or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies of the Administrative Agent and each other Senior Lender herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by lawthat any of them would otherwise have.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each Pledgor and the Agent, provided that any provision Administrative Agent in accordance with Section 11.1 of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentLiquidity Facility.
(b) Neither the Administrative Agent nor any Lender Secured Creditor shall by any act (except by a written instrument pursuant to subsection 18(a) hereofSection 22(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agent or any LenderSecured Creditor, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender Secured Creditor of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Administrative Agent or such Lender Secured Creditor would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Pledge Agreement (Evenflo & Spalding Holdings Corp)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None Except as ----------------------------------------------------- provided in Section 2(b), none of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Guarantor and the Collateral Agent, provided that any -------- provision of this Agreement Guarantee may be waived by the Collateral Agent and the Lenders in a letter or agreement executed by the Collateral Agent or by telex or facsimile transmission from the Collateral Agent.
(b) Neither the Collateral Agent nor any Lender shall by any act (except by a written instrument pursuant to subsection 18(a) hereofparagraph (a)), delay, indulgence, omission ------------- or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Collateral Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Debt Service Reserve Guarantee (Edison Mission Energy)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) 1. None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Borrower and the Agent, provided PROVIDED that any provision of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Agent.
(b) 2. Neither the Agent nor any Lender shall by any act (except by a written instrument pursuant to subsection 18(aparagraph 16(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.on
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) c. None of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Guarantor and the Administrative Agent, provided that any provision of this Agreement Guarantee may be waived by the Administrative Agent and the Lenders Banks in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
(b) 33.1 Neither the Administrative Agent nor any Lender Bank shall by any act (except by a written instrument pursuant to subsection 18(aSection 15(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agent or any LenderBank, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender Bank of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such Lender Bank would otherwise have on any future occasion.
(c) 33.2 The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. 130
(a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors and the Collateral Agent, provided that any provision of this Agreement may be waived by the Collateral Agent and the Lenders in a letter or agreement executed by the Collateral Agent or by telex or facsimile transmission from the Collateral Agent.
(b) Neither the Collateral Agent nor any Lender shall by any act (except by a written instrument pursuant to subsection 18(aSection 17(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, exercising on the part of the Collateral Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Collateral Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Pledge Agreement (Railworks Corp)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors and the Agent, provided that any provision of this Agreement may be waived by the Agent and -------- Agent, on behalf of the Lenders Lenders, in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Agent.
(b) Neither the Agent nor any Lender shall by any act (except by a written instrument pursuant to subsection 18(aSection 17(a) hereof), be deemed to delay, indulgenceindulge, omission omit or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, exercising on the part of the Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement BMC Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Guarantor and the Administrative Agent, provided PROVIDED that any provision of this Agreement BMC Guarantee may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
(b) Neither the Administrative Agent nor any Lender shall by any act (except by a written instrument pursuant to subsection 18(a) hereofparagraph 15(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: BMC Guarantee (Homeside Lending Inc)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each Guarantor and the Administrative Agent (other than supplements, in form and substance acceptable to the Administrative Agent, for the purpose of adding new Guarantors), provided that any provision of this Agreement Guarantee may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
(b) Neither the Administrative Agent nor any Lender shall by any act (except by a written instrument pursuant to subsection 18(aparagraph 16(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Pledgor and the Agent, provided that any provision Administrative Agent in accordance with Section 14.1 of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentCredit Agreement.
(b) Neither the Administrative Agent nor any Lender Secured Party shall by any act (except by a written instrument pursuant to subsection 18(aSection 20(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agent or any Lenderother Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Administrative Agent or such Lender other Secured Party would otherwise have on any future occasion.
(c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors and affected Guarantor(s), the Agent, provided that any provision of this Agreement may be waived by the Administrative Agent and the Lenders required to sign such amendment, waiver or consent in a letter or agreement executed by accordance with Section 11.01 of the Agent or by telex or facsimile transmission from the AgentCredit Agreement.
(b) Neither the Administrative Agent nor any Lender Secured Creditor shall by any act (except by a written instrument pursuant to subsection 18(a) hereofSection 17(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agent or any LenderSecured Creditor, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the any Agent or any Lender Secured Creditor of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the that such Agent or such Lender Secured Creditor would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by in accordance with Section 14.1 of the Pledgors and the Agent, provided that any provision of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentCredit Agreement.
(b) Neither the Collateral Agent nor any Lender other Foreign Obligations Secured Party shall by any act (except by a written instrument pursuant to subsection 18(a) hereofSection 16(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any Lenderother Foreign Obligations Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any Lender other Foreign Obligations Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Collateral Agent or such Lender any Foreign Obligations Secured Party would otherwise have on any future occasion.
(c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Foreign Obligations Guarantee (Laureate Education, Inc.)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Guarantor and the Administrative Agent, ; provided that any provision of this Agreement Guaranty may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Administrative Agent.
(b) Neither the Administrative Agent nor any Lender of its Affiliates shall by any act of (except by a written instrument pursuant to subsection 18(aSection 16(a) hereof), ) delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereofhereof or of the Credit Agreement, or any other Loan Document. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agent or any Lenderof its Affiliates, any right, power or privilege hereunder or under the Credit Agreement, or any other Loan Document shall operate as a waiver thereof. No single or partial exercise exercise, on the part of the Administrative Agent, of any right, power or privilege hereunder or under the Credit Agreement, or any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder or under the Credit Agreement, or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy which that the Administrative Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies provided herein provided and in the Credit Agreement, and the other Loan Documents are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Limited Recourse Guaranty (Franklin Credit Holding Corp/De/)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each affected Grantor and the Agent, provided that any provision Administrative Agent in accordance with Section 13.1 of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentCredit Agreement.
(b) Neither the Administrative Agent nor any Lender Secured Party shall by any act (except by a written instrument pursuant to subsection 18(a) hereofSection 20(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agent or any LenderSecured Party, any right, remedy, power or privilege hereunder shall operate as a waiver thereof. No , nor shall any single or partial exercise of any right, remedy, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. A waiver by the Administrative Agent or any Lender Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Administrative Agent or such Lender any Secured Party would otherwise have on any future occasion.
(c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Security Agreement (Kindercare Learning Centers Inc /De)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Pledgor and the Agent, provided that any provision of this Agreement may be waived by the Agent and the Lenders Noteholders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Agent.
(b) Neither the Agent nor any Lender Noteholder shall by any act (except by a written instrument pursuant to subsection 18(a20(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any LenderNoteholder, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or 16 16 privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender Noteholder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender Noteholder would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Pledge Agreement (Crown Casino Corp)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Guarantor and the Administrative Agent, provided that any provision of this Agreement Guarantee may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
(b) Neither the Administrative Agent nor any Lender shall by any act (except by a written instrument pursuant to subsection 18(aparagraph 15(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Credit Agreement (Food Lion Inc)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Pledgor(s) and the Agent, provided that any provision Collateral Agent in accordance with Section 12.1 of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentTerm Loan Credit Agreement.
(b) Neither the Collateral Agent nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to subsection 18(aSection 20(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any Lenderother Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any Lender other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Collateral Agent or such Lender other Secured Party would otherwise have on any future occasion.
(c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Guarantor(s) and the Agent, provided that any provision Agents in accordance with Section 13.1 of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentSenior Subordinated Loan Agreement.
(b) Neither the Agent Agents nor any Lender shall by any act (except by a written instrument pursuant to subsection 18(a) hereofSection 17(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent Agents or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent Agents or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Agent Agents or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Guarantee Agreement (Rockwood Specialties Group Inc)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None No amendment, modification, supplement, extension, termination or waiver of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors and the Agent, provided that any provision of this Agreement may Guarantee, no approval or consent hereunder, and no consent to any departure by any Guarantor herefrom shall be waived effective unless in writing signed by each Guarantor and the Required Lenders (or, to the extent required by Section 10.01 of the Credit Agreement, all of the Lenders) and acknowledged by the Administrative Agent and the Lenders in a letter (or agreement executed signed by the Administrative Agent or with the prior written consent of the Required Lenders (or, to the extent required by telex or facsimile transmission from Section 10.01 of the Agent.
(b) Neither Credit Agreement, all of the Agent nor any Lender shall by any act (except by a written instrument pursuant to subsection 18(a) hereofLenders)), delay, indulgence, omission and each such waiver or otherwise consent shall be deemed to have waived any right or remedy hereunder or to have acquiesced effective only in any Default or Event of Default or in any breach of any of the terms specific instance and conditions hereoffor the specific purpose for which given. No failure by any Lender or the Administrative Agent to exercise, nor and no delay by any delay Lender or the Administrative Agent in exercising, on the part of the Agent or any Lender, any right, remedy, power or privilege hereunder shall operate as a waiver thereof. No , nor shall any single or partial exercise of any right, remedy, power or privilege hereunder shall under this Guarantee preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. A waiver by the Agent The rights, remedies, powers and privileges herein or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein therein provided are cumulative, may be exercised singly or concurrently cumulative and are not exclusive of any other rights or remedies rights, remedies, powers and privileges provided by lawLaw.
Appears in 1 contract
Sources: Credit Agreement (Comcast Corp)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Bank, the Borrower and the Agent, holders of more than 50% of the aggregate principal amount of the Subordinated Notes; provided that any provision of this Agreement may be waived by the Agent and the Lenders Bank in a letter or agreement executed by the Agent Bank or by telex or facsimile transmission from the AgentBank.
(b) Neither the Agent nor any Lender shall by any act (except by a written instrument pursuant to subsection 18(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any LenderBank, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
(d) The Subordinated Note Holders and the Borrower hereby jointly and severally agree that each of the Subordinated Note Holders and the Borrower shall not amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of the Subordinated Notes, except to the extent expressly permitted by Section 6.15 of the Senior Credit Agreement.
Appears in 1 contract
Sources: Subordinated Note Intercreditor and Subordination Agreement (Open Link Financial, Inc.)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors such Pledgor and the Agent, provided that any provision of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Agent.
(b) Neither the Agent nor any Lender shall by any act (except by a written instrument pursuant to subsection 18(a20(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Borrower and the Agent, provided that any provision Administrative Agent in accordance with Section 11.1 of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentCredit Agreement.
(b) Neither the Administrative Agent nor any Lender Secured Creditor shall by any act (except by a written instrument pursuant to subsection 18(a) hereofSection 19(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agent or any LenderSecured Creditor, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender Secured Creditor of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Administrative Agent or such Lender Secured Creditor would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Pledge Agreement (E&s Holdings Corp)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Pledgor and the Agent, provided that any provision Administrative Agent in accordance with Section 13.1 of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentCredit Agreement.
(b) Neither the Administrative Agent nor any Lender shall by any act (except by a written instrument pursuant to subsection 18(a) hereofSection 19(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Administrative Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None Subject to subsection 9.1 of the Credit Agreement, none of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors and Guarantors, the Agent, provided that any provision of this Agreement may be waived by the Collateral Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Administrative Agent.
(b) Neither the Collateral Agent, the Administrative Agent nor any Lender shall by any act (except by a written instrument pursuant to subsection 18(aSection 19(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any SatCom Default or SatCom Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, the Administrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent, the Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Collateral Agent, the Administrative Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Guarantee and Collateral Agreement (Loral Space & Communications LTD)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Guarantor and the Agent, Beneficiaries; provided that any provision of this Agreement Guarantee may be waived by the Agent and the Lenders Beneficiaries in a letter or agreement executed by the Agent Beneficiaries or by telex or facsimile transmission from the AgentBeneficiaries.
(b) Neither the Agent nor any Lender The Beneficiaries shall not by any act (except by a written instrument pursuant to subsection 18(aparagraph 15(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any Lender, Beneficiaries any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender Beneficiaries of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender Beneficiaries would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by as provided in Section 14.5 of the Pledgors and the Agent, provided that any provision of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentParticipation Agreement.
(b) Neither the Collateral Agent nor any Lender shall Beneficiary shall, by any act (except by a written instrument pursuant to subsection 18(aSection 14(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any LenderBeneficiary, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any Lender Beneficiary of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the that Collateral Agent or such Lender Beneficiary would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Guarantee (Genentech Inc)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Borrower and the Agent, provided that any provision Administrative Agent in accordance with Section 11.1 of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentCredit Agreement.
(b) Neither the Administrative Agent, any Co-Agent nor any Lender shall by any act (except by a written instrument pursuant to subsection paragraph 18(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agent, any Co-Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent, any Co-Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent, such Co-Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each Guarantor and the Administrative Agent, provided that any provision of this Agreement Guarantee may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
(b) Neither the Administrative Agent nor any Lender shall by any act (except by a written instrument pursuant to subsection 18(aparagraph 16(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such any Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Pledgor and the Agent, provided that any provision Administrative Agent in accordance with Section 9.02 of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentCredit Agreement.
(b) Neither the Administrative Agent nor any Lender shall by any act (except by a written instrument pursuant to subsection 18(a) hereofSection 19(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Administrative Agent or such Lender would otherwise have on any future occasion.
(c) The he rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None ----------------------------------------------------- of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Pledgor and the Agent, provided that any provision Administrative Agent in accordance with Section 11.1 of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentCredit Agreement.
(b) Neither the Agent Administrative Agent, any Other Representative nor any Lender shall by any act (except by a written instrument pursuant to subsection 18(a) paragraph 18 hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent Administrative Agent, any Other Representative or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent Administrative Agent, any Other Representative or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent Administrative Agent, such Other Representative or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Pledge Agreement (Raci Holding Inc)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each Pledgor and the Agent, provided that any provision Administrative Agent in accordance with Section 11.1 of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentCredit Agreement.
(b) Neither the Administrative Agent nor any Lender Secured Creditor shall by any act (except by a written instrument pursuant to subsection 18(a) hereofSection 22(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agent or any LenderSecured Creditor, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender Secured Creditor of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Administrative Agent or such Lender Secured Creditor would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Pledge Agreement (Evenflo & Spalding Holdings Corp)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Pledgor and the Agent, provided that any provision Administrative Agent in accordance with Section 14.1 of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentCredit Agreement.
(b) Neither the Administrative Agent nor any Lender Secured Party shall by any act (except by a written instrument pursuant to subsection 18(aSection 16(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to or exercise, nor any delay in exercising, on the part of the Administrative Agent or any Lenderother secured Party, any right, power or privilege hereunder shall operate as a waiver thereofhereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Administrative Agent or such Lender would other Secured Party otherwise have on any future occasion.
(c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Guarantor and the AgentBuyer, provided that any provision of this Agreement Guaranty may be waived by the Agent and the Lenders Buyer in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Agentwriting.
(b) Neither the Agent nor any Lender The Buyer shall not by any act (except by a written instrument pursuant to subsection 18(aclause (a) hereofabove), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or under the other Facility Documents or to have acquiesced in waived any Default or Event of Default or in any breach of any of the terms and conditions hereofhereof or thereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any LenderBuyer, any right, power or privilege hereunder shall or under any other Facility Documents will operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall or thereunder will preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender Buyer of any right or remedy hereunder or thereunder on any one occasion shall will not be construed as a bar to any right or remedy which the Agent or such Lender Buyer would otherwise have on any future occasion.
(c) The rights and remedies herein provided and in the other Facility Documents are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by lawlaw or otherwise.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Pledgor, the Agent and the AgentSecurities Intermediary, provided that any -------- provision of this Agreement may be waived by the Agent and the Lenders Beneficiaries in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Agent.
(b) Neither the Agent nor any Lender Beneficiary shall by any act (except by a written instrument pursuant to subsection 18(aparagraph hereof) hereof), of delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any LenderBeneficiary, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender Beneficiary of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender Beneficiary would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Cash Collateral Agreement (Ebay Inc)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Pledgor and the AgentTrustee, provided that any provision of this Agreement may be waived by the Agent and the Lenders Trustee in a letter or agreement executed by the Agent Trustee or by telex or facsimile transmission from the AgentTrustee.
(b) Neither the Agent nor any Lender shall The Trustee will not by any act (except by a written instrument pursuant to subsection 18(aparagraph 17(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any LenderTrustee, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender Trustee of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender Trustee would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Guarantor(s) and the Agent, provided that any provision Agent in accordance with Section 13.1 of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentCredit Agreement.
(b) Neither the Agent nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to subsection 18(aSection 17(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any Lenderother Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Agent or such Lender any Secured Party would otherwise have on any future occasion.
(c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Pledgor and the Administrative Agent, provided that any provision of -------- this Agreement may be waived by the Administrative Agent and the Majority Lenders (or such greater number or percentage of Lenders as provided in the Credit Agreement) in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
(b) Neither the Administrative Agent nor any Lender shall by any act (except by a written instrument pursuant to subsection 18(aSection 17(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, exercising on the part of the Administrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Guarantor(s) and the Agent, provided that any provision Administrative Agent in accordance with Section 11.1 of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentCredit Agreement.
(b) Neither the Administrative Agent nor any Lender Secured Creditor shall by any act (except by a written instrument pursuant to subsection 18(a) hereofSection 17(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agent or any LenderSecured Creditor, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender Secured Creditor of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Administrative Agent or such Lender Secured Creditor would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Guaranty (E&s Holdings Corp)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each Guarantor and the Administrative Agent, provided PROVIDED that any provision of this Agreement Guarantee may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
(b) Neither the Administrative Agent nor any Lender shall by any act (except by a written instrument pursuant to subsection 18(aparagraph 16(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Guarantee (Claires Stores Inc)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Guarantor and the Agent, provided that any provision Administrative Agent in accordance with Section 11.1 of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentCredit Agreement.
(b) Neither the Agent Administrative Agent, any Other Representative nor any Lender shall by any act (except by a written instrument pursuant to subsection 18(aparagraph 17(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent Administrative Agent, any Other Representative or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent Administrative Agent, any Other Representative or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent Administrative Agent, such Other Representative or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Guarantee (Raci Holding Inc)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Guarantor and the AgentMLMCI, provided that any provision of this Agreement Guarantee may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentMLMCI.
(b) Neither the Agent nor any Lender MLMCI shall not by any act (except by a written instrument pursuant to subsection 18(aSection 15(a) hereofof this Guarantee), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereofof this Guarantee. No failure to exercise, nor any delay in exercising, on the part of the Agent or any LenderMLMCI, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender MLMCI of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender MLMCI would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors and the Collateral Agent, each affected Subordinated Borrower and each affected Subordinated Lender; provided that any provision of this Agreement may be waived by the Agent and the Senior Lenders in a letter or agreement executed by the Agent Required Lenders, or by telex or facsimile transmission from the AgentCollateral Agent with the written consent of the Required Lenders, and each affected Subordinated Lender.
(b) Neither the Agent nor any Lender shall by any act (except by a written instrument pursuant to subsection 18(a) hereof), delay, indulgence, omission No failure or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any delay of the terms and conditions hereof. No failure to exerciseAdministrative Agent, nor any delay in exercising, on the part of the Collateral Agent or any Lender, other Senior Lender in exercising any right, power power, remedy, benefit or privilege hereunder shall operate as a waiver thereof. No , nor shall any single or partial exercise of any such right, power power, remedy, benefit or privilege hereunder shall privilege, or any abandonment or discontinuance of steps to enforce such right, power, remedy, benefit or privilege, preclude any other or further exercise thereof or the exercise of any other right, power power, remedy, benefit or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies of the Administrative Agent, the Collateral Agent and each other Senior Lender herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by lawthat any of them would otherwise have.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Enviva Partners, LP)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each affected Guarantor(s) and the Agent, provided that any provision Administrative Agent in accordance with Section 13.1 of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentCredit Agreement.
(b) Neither the Administrative Agent nor any Lender Secured Party shall by any act (except by a written instrument pursuant to subsection 18(a) hereofSection 16(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agent or any LenderSecured Party, any right, remedy, power or privilege hereunder shall operate as a waiver thereof. No , nor shall any single or partial exercise of any right, remedy, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. A waiver by the Administrative Agent or any Lender Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Administrative Agent or such Lender any Secured Party would otherwise have on any future occasion.
(c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each Guarantor and the Agent, provided that any provision of this Agreement Guarantee may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Agent.
(b) Neither the Agent nor any Lender shall by any act (except by a written instrument pursuant to subsection paragraph 18(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Guarantee (UTAC Holdings Ltd.)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Grantor(s) and the AgentAdministrative Agent in accordance with Section 13.1 of the Credit Agreement; provided, provided however, that any provision of this Agreement may be waived by supplemented (but no existing provisions may be modified and no Collateral may be released) through agreements substantially in the Agent and the Lenders form of Annex A, in a letter or agreement each case duly executed by the Agent or by telex or facsimile transmission from the Agenteach Grantor directly affected thereby.
(b) Neither the Administrative Agent nor any Lender Secured Party shall by any act (except by a written instrument pursuant to subsection 18(a) hereofSection 21(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereofhereof or of any other applicable Credit Document. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agent or any Lenderother Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Administrative Agent or such Lender other Secured Party would otherwise have on any future occasion.
(c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by lawRequirement of Law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Limited Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Guarantor and the Collateral Agent, provided that any provision of this Agreement Limited Guaranty may be waived by with the Agent and written consent of the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Collateral Agent.
(b) Neither the The Agent nor any Lender shall not be deemed by any act (except by a written instrument pursuant to subsection 18(aSection 14(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right right, power, privilege or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any LenderCollateral Agent, any right, power power, remedy or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power power, remedy or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any Lender of any right right, power, privilege or remedy hereunder on any one occasion shall not be construed as a bar to any right right, power, privilege or remedy which the Collateral Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Pledgor and the Agent, provided that any provision of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Agent.
(b) Neither the Agent nor any Lender shall by any act (except by a written instrument pursuant to subsection 18(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Pledgor and the AgentCompany, provided that any provision of this Agreement may be waived by the Agent and the Lenders Company in a letter or agreement executed by the Agent Company or by telex or facsimile transmission from the AgentCompany.
(b) Neither the Agent nor any Lender The Company shall not by any act (except by a written instrument pursuant to subsection 18(aparagraph 12(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any LenderCompany, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender Company of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender Company would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) A. None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Pledgor and the Agent, provided that any provision Collateral Agent in accordance with Section 14.1 of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentCredit Agreement.
(b) B. Neither the Collateral Agent nor any Lender Secured Party shall by any act (except by a written instrument pursuant to subsection 18(aSection 20(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any Lenderother Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any Lender other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Collateral Agent or such Lender other Secured Party would otherwise have on any future occasion.
(c) C. The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Guarantor and the Agent▇▇▇▇▇▇▇▇▇▇, provided that any provision of this Agreement Guarantee may be waived by the Agent and the Lenders ▇▇▇▇▇▇▇▇▇▇ in a letter or agreement executed by the Agent ▇▇▇▇▇▇▇▇▇▇ or by telex or facsimile transmission from the Agent▇▇▇▇▇▇▇▇▇▇.
(b) Neither the Agent nor any Lender ▇▇▇▇▇▇▇▇▇▇ shall not by any act (except by a written instrument pursuant to subsection 18(aparagraph 14(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Acceleration Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any Lender▇▇▇▇▇▇▇▇▇▇, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender ▇▇▇▇▇▇▇▇▇▇ of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender ▇▇▇▇▇▇▇▇▇▇ would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Guarantee and Promise to Pay (Allen Systems Group Inc)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, restated, supplemented or otherwise modified except by a written instrument executed by the Pledgors each Pledgor and the Administrative Agent, provided that any provision of this Pledge Agreement may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
(b) Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to subsection Section 18(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, exercising on the part of the Agent or any LenderAdministrative Agent, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Parent Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each Guarantor and the Collateral Agent, ; provided that any provision of this Agreement Parent Guarantee may be waived by the Collateral Agent and the Lenders in a letter or agreement written instrument executed by the Agent or by telex or facsimile transmission from the Collateral Agent.
(b) Neither the The Collateral Agent nor any Lender shall not by any act (except by a written instrument pursuant to subsection 18(aSection 16(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any LenderCollateral Agent, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Collateral Agent or such Lender would otherwise have on any future occasion.
(c) . The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Limited Recourse Parent Guarantee (Global Signal Inc)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Pledgor and the AgentTrustee, provided that any provision of this Agreement may be waived by the Agent and the Lenders Trustee in a letter or agreement executed by the Agent Trustee or by telex or facsimile transmission from the AgentTrustee.
(b) Neither the Agent Trustee nor any Lender Holder shall by any act (except by a written instrument pursuant to subsection 18(aparagraph 17(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any LenderTrustee, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender Trustee of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender Trustee would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Cash Collateral Agreement (Panda Global Holdings Inc)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Executive and the AgentCompany, provided that any provision of this Agreement may be waived by the Agent and the Lenders Company in a letter or agreement executed by the Agent Company or by telex or facsimile transmission from the AgentCompany.
(ba) Neither the Agent nor any Lender The Company shall not by any act (except by a written instrument pursuant to subsection 18(a) paragraph 11 hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any LenderCompany, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender Company of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender Company would otherwise have on any future occasion.
(cb) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None ------------------------------------------------------------ of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by as provided in Section 9.1 of the Pledgors and the Agent, provided that any provision of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentCredit Agreement.
(b) Neither the Investors, Agent nor any Lender shall not by any act (except by a written instrument pursuant to subsection 18(aSection 15(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Investors, Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the both Investors, Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Investors, Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Guarantee (Hanover Compressor Co /)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Pledgor and the AgentTrustee, provided that any provision of this Agreement may be waived by the Agent and the Lenders Trustee in a letter or agreement executed by the Agent Trustee or by telex or facsimile transmission from the AgentTrustee.
(b) Neither the Agent Trustee nor any Lender Holder shall by any act (except by a written instrument pursuant to subsection 18(aparagraph 20(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any LenderTrustee, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender Trustee of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender Trustee would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Cash Collateral Agreement (Panda Global Holdings Inc)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Guarantor(s) and the Agent, provided that any provision Administrative Agent in accordance with Section 13.1 of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentCredit Agreement.
(b) Neither the Administrative Agent nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to subsection 18(a) hereofSection 5.11(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any exercise and no delay in exercising, on the part of the Administrative Agent or any Lenderother Secured Party, any right, remedy, power or privilege hereunder shall operate as a waiver thereof. No ; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. A waiver by the Administrative Agent or any Lender other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such Lender any Secured Party would otherwise have on any future occasion.
(c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies rights, remedies, powers and privileges provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Pledgor(s) and the Agent, provided that any provision Collateral Agent in accordance with Section 11.01 of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentCredit Agreement.
(b) Neither the Collateral Agent nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to subsection 18(aSection 20(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereofhereof or of any other applicable Secured Debt Document. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any Lenderother Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any Lender other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Collateral Agent or such Lender other Secured Party would otherwise have on any future occasion.
(c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each Guarantor and the Agent, provided that any provision of this Agreement Guarantee may be waived by the Agent and the Lenders and the Issuing Lender in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Agent.
(b) Neither the Agent nor any Lender nor the Issuing Lender shall by any act (except by a written instrument pursuant to subsection Section 18(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any Lender or the Issuing Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender or the Issuing Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender or the Issuing Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Guarantor(s) and the Agent, provided that any provision Administrative Agent in accordance with Section 14.1 of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentCredit Agreement.
(b) Neither the Administrative Agent nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to subsection 18(a) hereofSection 5.8(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any exercise and no delay in exercising, on the part of the Administrative Agent or any Lenderother Secured Party, any right, remedy, power or privilege hereunder shall operate as a waiver thereof. No ; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. A waiver by the Administrative Agent or any Lender other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such Lender any Secured Party would otherwise have on any future occasion.
(c) and subject to Section 14.17 of the Credit Agreement The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies rights, remedies, powers and privileges provided by law.
Appears in 1 contract
Sources: Junior Secured Debtor in Possession Credit Agreement (California Resources Corp)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) 10.1 None of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors and Guarantor, the Agent, provided that any provision Beneficiaries in accordance with Section 14.1 of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentCredit Agreement.
(b) Neither 10.2 None of the Agent nor any Lender Beneficiaries shall by any act (except by a written instrument pursuant to subsection 18(a) Section 10.1 hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any LenderBeneficiaries, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender Beneficiaries of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Agent or such Lender Beneficiaries would otherwise have on any future occasion.
(c) 10.3 The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None Subject to subsection 9.1 of the Credit Agreement, none of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Grantors and the Agent, provided that any provision of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Collateral Agent.
(b) Neither the Collateral Agent nor any Lender shall by any act (except by a written instrument pursuant to subsection 18(aSection 7(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Collateral Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Collateral Agreement (Loral Space & Communications LTD)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Borrower and the Agent, provided that any provision Administrative Agent in accordance with Section 11.01 of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentCredit Agreement.
(b) Neither the Administrative Agent nor any Lender Secured Creditor shall by any act (except by a written instrument pursuant to subsection 18(a) hereofSection 19(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agent or any LenderSecured Creditor, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender Secured Creditor of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Administrative Agent or such Lender Secured Creditor would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Pledgor and the AgentNotes Collateral Agent in accordance with Section 9.01 or 9.02, provided that any provision as applicable, of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentIndenture.
(b) Neither the Notes Collateral Agent nor any Lender Secured Party shall by any act (except by a written instrument pursuant to subsection 18(aSection 20(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Notes Collateral Agent or any Lenderother Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Notes Collateral Agent or any Lender other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Notes Collateral Agent or such Lender other Secured Party would otherwise have on any future occasion.
(c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Pledge Agreement (Accellent Inc)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Parent Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each Guarantor and the Collateral Agent, ; provided that any provision of this Agreement Parent Guarantee may be waived by the Collateral Agent and the Lenders in a letter or agreement written instrument executed by the Agent or by telex or facsimile transmission from the Collateral Agent.
(b) Neither the The Collateral Agent nor any Lender shall not by any act (except by a written instrument pursuant to subsection 18(aSection 17(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any LenderCollateral Agent, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Collateral Agent or such Lender would otherwise have on any future occasion.
(c) . The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Parent Guarantee (Global Signal Inc)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Guarantor and the AgentLender, provided that any provision of this Agreement Guarantee may be waived by the Agent and the Lenders Lender in a letter or agreement executed by the Agent Lender or by telex or facsimile transmission from the AgentLender.
(b) Neither the Agent nor any The Lender shall not by any act (except by a written instrument pursuant to subsection 18(aparagraph 13(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Guarantee of Validity of Collateral (Ventures National Inc)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by as provided in Section 15.5 of the Pledgors and the Agent, provided that any provision of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentParticipation Agreement.
(b) Neither the Agent nor any Lender The Lessor shall not by any act (except by a written instrument pursuant to subsection 18(aSection 15(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Unmatured Default or Guarantee Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Participation Agreement (Vitesse Semiconductor Corp)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or of provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Pledgor and the AgentCompany, provided that any provision of this Agreement may be waived by the Agent and the Lenders Company in a letter or agreement executed by the Agent Company or by telex or facsimile transmission from the AgentCompany.
(b) Neither the Agent nor any Lender The Company shall not by any act (except by a written instrument pursuant to subsection 18(aparagraph 11(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of or Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any LenderCompany, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender Company of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender Company otherwise would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently concurrently, and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement US Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected US Guarantor(s) and the Agent, provided that any provision US Collateral Agent in accordance with Section 13.1 of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentCredit Agreement.
(b) Neither the US Collateral Agent nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to subsection 18(aSection 17(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the US Collateral Agent or any Lenderother Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the US Collateral Agent or any Lender other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the US Collateral Agent or such Lender any Secured Party would otherwise have on any future occasion.
(c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Pledgor and the AgentWorldCom, provided that any provision of this Agreement may be waived by the Agent WorldCom and the Lenders other Assumption Agreement Beneficiaries in a letter or agreement executed by the Agent WorldCom or by telex or facsimile transmission from the AgentWorldCom.
(b) Neither the Agent WorldCom nor any Lender of the other Assumption Agreement Beneficiaries shall by any act (except by a written instrument pursuant to subsection paragraph 18(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent WorldCom or any Lenderof the other Assumption Agreement Beneficiaries, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent WorldCom or any Lender of the other Assumption Agreement Beneficiaries of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent WorldCom or any such Lender Assumption Agreement Beneficiaries would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each Guarantor and the Agent, provided that any provision of this Agreement Guarantee may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Agent.
(b) Neither the Agent nor any Lender shall by any act (except by a written instrument pursuant to subsection 18(aparagraph 17(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Guarantee Agreement (RBX Corp)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each affected Pledgor and the Agent, provided that any provision Administrative Agent in accordance with Section 13.1 of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentCredit Agreement.
(b) Neither the Administrative Agent nor any Lender Secured Party shall by any act (except by a written instrument pursuant to subsection 18(a) hereofSection 19(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agent or any LenderSecured Party, any right, remedy, power or privilege hereunder shall operate as a waiver thereof. No , nor shall any single or partial exercise of any right, remedy, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. A waiver by the Administrative Agent or any Lender Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Administrative Agent or such Lender any Secured Party would otherwise have on any future occasion.
(c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Pledge Agreement (Kindercare Learning Centers Inc /De)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors and the Agent, provided that any provision of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Agent.Administrative
(b) Neither the Administrative Agent nor any Lender shall by any act (except by a written instrument pursuant to subsection 18(aSection 17(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, exercising on the part of the Administrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Pledge Agreement (Inex Corp)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by in accordance with Section 10.02 of the Pledgors and the Agent, provided that any provision of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentCredit Agreement.
(b) Neither the Administrative Agent nor any Lender shall by any act (except by a written instrument pursuant to subsection 18(aSection 15(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each Key Principal and the Agent, provided that any provision of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Agent.
(b) Neither the Agent nor any Lender shall by any act (except by a written instrument pursuant to subsection 18(aSection 14(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Limited Recourse Agreement (Rockefeller Center Properties Inc)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None ----------------------------------------------------- of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by as provided in Section 9.1 of the Pledgors and the Agent, provided that any provision of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentCredit Agreement.
(b) Neither the Agent nor any Lender shall by any act (except by a written instrument pursuant to subsection 18(aSection 16(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Guarantor and the AgentAdministrative Agent on behalf of Buyers, provided that any provision of this Agreement Guaranty may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Agenton behalf of Buyers.
(b) Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to subsection 18(aclause (a) hereofabove), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any LenderAdministrative Agent, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Guaranty (loanDepot, Inc.)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Pledgor and the Agent, provided that any provision Collateral Agent in accordance with Section 11.1 of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentDIP Credit Agreement.
(b) Neither the Collateral Agent nor any Lender Secured Party shall by any act (except by a written instrument pursuant to subsection 18(aSection 20(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any Lenderother Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any Lender other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Collateral Agent or such Lender other Secured Party would otherwise have on any future occasion.
(c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Pledge Agreement (Energy Future Holdings Corp /TX/)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by in accordance with Section 14.1 of the Pledgors and the Agent, provided that any provision of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentCredit Agreement.
(b) Neither the Collateral Agent nor any Lender other Foreign Obligations Secured Party shall by any act (except by a written instrument pursuant to subsection 18(a) hereofSection l 6(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any Lenderother Foreign Obligations Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any Lender other Foreign Obligations Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Collateral Agent or such Lender any Foreign Obligations Secured Party would otherwise have on any future occasion.
(c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Foreign Obligations Guarantee (Laureate Education, Inc.)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Guarantor and the Agent, provided that any provision of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Agent.
(b) Neither the Agent nor any Lender Guaranteed Party shall by any act (except by a written instrument pursuant to subsection 18(a) hereofparagraph 14(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any LenderGuaranteed Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Subsidiary Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by as provided in Section 9.08 of the Pledgors and the Agent, provided that any provision of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentCredit Agreement.
(b) Neither the Administrative Agent nor any Lender shall by any act (except by a written instrument pursuant to subsection 18(aSection 10(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each Guarantor and the Administrative Agent (other than supplements, in form and substance acceptable to the Administrative Agent, for the purpose of adding new Guarantors), provided that any provision of this Agreement Guarantee may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
(b) . Neither the Administrative Agent nor any Lender shall by any act (except by a written instrument pursuant to subsection 18(aparagraph 16(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such Lender would otherwise have on any future occasion.
(c) . The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Pledgor(s) and the Agent, provided that any provision Collateral Agent in accordance with Section 13.1 of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentRevolving Credit Agreement.
(b) Neither the Collateral Agent nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to subsection 18(aSection 20(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any Lenderother Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any Lender other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Collateral Agent or such Lender other Secured Party would otherwise have on any future occasion.
(c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms Terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each Guarantor and the Agent, provided that any provision of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentRequired Holders.
(b) Neither the Agent nor any Lender No Noteholder shall by any act (except by a written instrument pursuant to subsection 18(aSection 15(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any LenderNoteholder, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender Noteholder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender Noteholder would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Securities Purchase Agreement (Westwood One Inc /De/)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) A. None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Pledgor and the AgentTrustee, provided that any provision of this Agreement may be waived by the Agent and the Lenders Trustee in a letter or agreement executed by the Agent Trustee or by telex or facsimile transmission from the AgentTrustee.
(b) Neither the Agent nor any Lender B. The Trustee shall by any act not (except by a written instrument pursuant to subsection 18(aparagraph XVI(A) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any LenderTrustee, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender Trustee of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender Trustee would otherwise have on any future occasion.
(c) C. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Timberlands Pledge Agreement (Bear Island Finance Co Ii)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Guarantors and the AgentLender Parties, provided that any provision of this Agreement Guarantee may be waived by the Agent and the Lenders Lender Parties in a letter or agreement executed by the Agent Lender Parties or by telex or facsimile transmission from the Agent.
(b) Neither the Agent nor any Lender Parties. Each Lender Party shall not by any act (except by a written instrument pursuant to subsection 18(aSection 13(a) hereof), of delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any LenderLender Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender Party would otherwise have on any future occasion.
(c) . The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Guarantee (U Haul International Inc)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by as provided in Section 7.02 of the Pledgors and the Agent, provided that any provision of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentFrench Credit Agreement.
(b) Neither the Agent nor any The Lender shall not by any act (except by a written instrument pursuant to subsection 18(aSection 14(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any Lender, Lender any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Guarantee (NMT Medical Inc)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Pledgor and the Agent, provided that any provision Administrative Agent in accordance with Section 11.1 of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentCredit Agreement.
(b) Neither the Agent Administrative Agent, any Other Representative nor any Lender shall by any act (except by a written instrument pursuant to subsection paragraph 18(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent Administrative Agent, any Other Representative or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent Administrative Agent, any Other Representative or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent Administrative Agent, such Other Representative or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Pledge Agreement (Raci Holding Inc)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Guarantor, the Seller and the Agent, provided that any provision of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentCDC.
(b) Neither the Agent nor any Lender CDC shall not by any act (except by a written instrument pursuant to subsection 18(a) hereof)act, delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any LenderCDC, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender CDC of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender CDC would otherwise have on any future occasion.
(c) . The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Executive and the AgentCompany, provided PROVIDED that any provision of this Agreement may be waived by the Agent and the Lenders Company in a letter or agreement executed by the Agent Company or by telex or facsimile transmission from the AgentCompany.
(b) Neither the Agent nor any Lender The Company shall not by any act (except by a written instrument pursuant to subsection 18(aparagraph 11(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or of Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any LenderCompany, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender Company of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender Company would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Non Qualified Stock Option Agreement (Domain Energy Corp)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Guarantor and the AgentNote Holder, provided that any provision of this Agreement Guarantee may be waived by the Agent and the Lenders Lender in a letter or agreement executed by the Agent Note Holder or by telex or facsimile transmission from the AgentNote Holder.
(b) Neither the Agent nor any Lender The Note Holder shall not by any act (except by a written instrument pursuant to subsection 18(a) hereof)act, delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default default or Event event of Default default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any LenderNote Holder, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further future exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender Note Holder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy remedy, which the Agent or such Lender Note Holder would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Security Agreement (Diversified Corporate Resources Inc)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Borrower and the Agent, provided that any provision of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Collateral Agent.
(b) Neither the Collateral Agent nor any Lender shall by any act (except by a written instrument pursuant to subsection 18(aSection 17(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Collateral Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Credit Agreement (Audiovox Corp)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Guarantor and the Agent, provided that any provision of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentLender.
(b) Neither the Agent nor any The Lender shall not by any act (except by a written instrument pursuant to subsection 18(a) paragraph 10 hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Receivables Assignment and Security Agreement (Aegean Marine Petroleum Network Inc.)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors and the Agent, each Guarantor provided that any provision of this Agreement Guarantee may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Agenttransmission.
(b) Neither the Collateral Agent nor any Lender shall by any act (except by a written instrument pursuant to subsection 18(aSection 16(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Collateral Agent or such Lender Lender, as the case may be, would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Pledgor and the AgentPledgee, provided PROVIDED that any provision of this Agreement may be waived by the Agent and the Lenders in Required Secured Parties pursuant to a letter or agreement executed by the Agent Pledgee or by telex or facsimile telecopy transmission from the AgentPledgee.
(b) Neither the Agent nor any Lender The Pledgee shall not by any act (except by a written instrument pursuant to subsection 18(ain Section 23(a) hereof), delay, indulgence, omission ) or otherwise delay be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any LenderPledgee, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender Pledgee of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender Pledgee would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.. Pledge Agreement 13 ________________________________________________________________________________
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors and Pledgor, the Agent, provided that any provision of this Agreement may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentSecurities Intermediary.
(b) Neither the Administrative Agent nor any Lender Secured Party shall by any act (except by a written instrument pursuant to subsection Section 18(a) hereof), ) of delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agent or any LenderSecured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such Lender Secured Party would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Collateral Account Agreement (Superior Offshore International Inc.)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Guarantor(s) and the Agent, provided that any provision Administrative Agent in accordance with Section 13.1 of this Agreement may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the AgentCredit Agreement.
(b) Neither the Administrative Agent nor any Lender other Secured Party shall by any act (except by a written instrument pursuant to subsection 18(aSection 17(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any LenderAdministrative Agent, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Administrative Agent or such Lender any Secured Party would otherwise have on any future occasion.
(c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each Guarantor and the Administrative Agent, ; provided that any provision of this Agreement Guarantee may be waived by the Administrative Agent and other holders of the Lenders Obligations in a letter or agreement executed by the Administrative Agent or by telex facsimile or facsimile other electronic transmission from the Administrative Agent.
(b) Neither the Administrative Agent nor any Lender other holder of the Obligations shall by any act (except by a written instrument pursuant to subsection 18(aSection 15(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agent or any Lenderother holder of the Obligations, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent or any Lender other holder of the Obligations of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent or such Lender other holder of the Obligations would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Credit Agreement (Kennametal Inc)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each Guarantor and the Agent, provided PROVIDED that any provision of this Agreement Guarantee may be waived by the Agent and the Lenders in a letter or agreement executed by the Agent or by telex or facsimile transmission from the Agent.
(b) Neither the Agent nor any Lender shall by any act (except by a written instrument pursuant to subsection 18(aparagraph 17(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Agent or such Lender would otherwise have on any future occasion.
(c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.
Appears in 1 contract
Sources: Credit Agreement (Recoton Corp)