Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 75 contracts
Sources: Credit Agreement (Express Scripts Holding Co.), Credit Agreement (Unified Grocers, Inc.), Credit Agreement (Express Scripts Holding Co.)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative an Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 71 contracts
Sources: Credit Agreement (Mosaic Co), Credit Agreement (Mosaic Co), Credit Agreement (Jones Financial Companies LLLP)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative any Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 61 contracts
Sources: Credit Agreement (U.S. Silica Holdings, Inc.), Credit Agreement (U.S. Silica Holdings, Inc.), Credit Agreement (EngageSmart, LLC)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 21 contracts
Sources: Senior Pik Credit Agreement (IntraLinks Holdings, Inc.), Credit Agreement (Behringer Harvard Opportunity REIT I, Inc.), Credit Agreement (Sunrise Medical Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent Agent, any other Lender or any Lender other Agent in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.
Appears in 18 contracts
Sources: Term Loan Agreement (Washington Prime Group, L.P.), Revolving Credit and Term Loan Agreement (Washington Prime Group, L.P.), Senior Secured Term Loan Agreement (Washington Prime Group, L.P.)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 17 contracts
Sources: Credit Agreement (Taylor Morrison Home Corp), Credit Agreement (Taylor Morrison Home Corp), 364 Day Credit Agreement (Taylor Morrison Home Corp)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.
Appears in 12 contracts
Sources: Term Loan Agreement (Chelsea Property Group Inc), Credit Agreement (CPG Partners Lp), Credit Agreement (Chelsea Property Group Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any the other Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and or the other Loan Documents are cumulative to, to and not exclusive of, any rights or remedies otherwise available.
Appears in 7 contracts
Sources: Credit Agreement (Owens-Illinois Group Inc), Credit Agreement (Owens Illinois Group Inc), Secured Credit Agreement (Owens Illinois Group Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in the exercise of any power, right right, or privilege hereunder or under any other Loan Document shall impair such power, right right, or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right right, or privilege preclude any other or further exercise thereof or of any other power, right right, or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 6 contracts
Sources: Pledge and Security Agreement (Strategic Storage Trust II, Inc.), Pledge and Security Agreement (Nexpoint Multifamily Capital Trust, Inc.), Pledge and Security Agreement (Nexpoint Multifamily Capital Trust, Inc.)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any other Lender in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.
Appears in 6 contracts
Sources: Restructuring Support Agreement (Washington Prime Group, L.P.), Credit Agreement (Reckson Associates Realty Corp), Credit Agreement (Reckson Associates Realty Corp)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent Agent, any Lender or any Lender Issuing Bank in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.
Appears in 5 contracts
Sources: Credit Agreement (Nacco Industries Inc), Credit Agreement (Nacco Industries Inc), Credit Agreement (Foamex Capital Corp)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.
Appears in 5 contracts
Sources: Revolving Credit Agreement (Arden Realty Inc), Term Loan Agreement (Arden Realty Limited Partnership), Revolving Credit Agreement (Arden Realty Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative the Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.
Appears in 4 contracts
Sources: Credit Agreement (Dyncorp), Credit Agreement (Dyncorp), Credit Agreement (American Classic Voyages Co)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent, Collateral Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 4 contracts
Sources: Credit Agreement (Dominos Pizza Government Services Division Inc), Credit Agreement (Dominos Inc), Credit Agreement (Granite Broadcasting Corp)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of either Administrative Agent Agent, any Lender or any Lender Issuing Bank in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.
Appears in 4 contracts
Sources: Credit Agreement (Foamex Capital Corp), Credit Agreement (Foamex Capital Corp), Credit Agreement (Foamex International Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder under this Agreement, the Notes or under any of the other Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement Agreement, the Notes and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.
Appears in 3 contracts
Sources: Credit Agreement (Watson Pharmaceuticals Inc), Credit Agreement (Watson Pharmaceuticals Inc), Credit Agreement (Watson Pharmaceuticals Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative any Agent or any Lender in the exercise of any power, right or privilege hereunder under this Agreement, the Notes or under any of the other Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement Agreement, the Notes and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.
Appears in 3 contracts
Sources: Credit Agreement (Stellex Industries Inc), Credit Agreement (General Inspection Laboratories Inc), Credit Agreement (General Inspection Laboratories Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No Except as otherwise expressly provided in this Agreement or any other Loan Document, no failure or delay on the part of Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, therein nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.
Appears in 3 contracts
Sources: Credit Agreement (Manufactured Home Communities Inc), Term Loan Credit Agreement (Manufactured Home Communities Inc), Term Loan Agreement (Manufactured Home Communities Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or Collateral Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 3 contracts
Sources: Credit Agreement (Anthony Crane Rental Lp), Revolving Credit Agreement (Anthony Crane Holdings Capital Corp), Credit Agreement (Anthony Crane Rental Holdings Lp)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender in the exercise of any power, right right, or privilege hereunder or under any other Loan Document shall impair such power, right right, or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right right, or privilege preclude other or further exercise thereof or of any other power, right right, or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 3 contracts
Sources: Credit Agreement (Trammell Crow Co), Credit Agreement (Trammell Crow Co), Credit Agreement (Trammell Crow Co)
Failure or Indulgence Not Waiver; Remedies Cumulative. No ----------------------------------------------------- failure or delay on the part of Administrative Agent any Agent, any Lender or any Lender Issuing Bank in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.
Appears in 2 contracts
Sources: Credit Agreement (International Technology Corp), Credit Agreement (International Technology Corp)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude any other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Sources: Security Agreement (Hexcel Corp /De/), Security Agreement (Hexcel Corp /De/)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent the Agent, any Lender or any Lender Issuing Bank in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude any other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.
Appears in 2 contracts
Sources: Credit Agreement (Freedom Chemical Co), Credit Agreement (Freedom Chemical Co)
Failure or Indulgence Not Waiver; Remedies Cumulative. No ----------------------------------------------------- failure or delay on the part of the Administrative Agent Agent, any other Lender or any Lender other Agent in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.
Appears in 2 contracts
Sources: Credit Agreement (Simon Property Group L P /De/), Credit Agreement (Simon Property Group L P /De/)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.. 144
Appears in 2 contracts
Sources: Credit Agreement (Mitel Corp), Credit Agreement (Anthony Crane Holdings Capital Corp)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Sources: Credit Agreement (Dole Food Company Inc), Credit Agreement (Dole Food Company Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude any other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Sources: Security Agreement (MGM Resorts International), Pledge Agreement (MGM Resorts International)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.. 154
Appears in 2 contracts
Sources: Credit Agreement (CFP Holdings Inc), Credit Agreement (Grand Canal Shops Mall Construction LLC)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent Agents or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Sources: Credit Agreement (Clark Refining & Marketing Inc), Credit Agreement (Clark Refining & Marketing Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or Agent, any Lender or the Issuing Bank in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.
Appears in 2 contracts
Sources: Credit Agreement (NMHG Holding Co), Credit Agreement (Barneys New York Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent the Agent, any Lender or any Lender Issuing Bank in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, with and not exclusive of, of any rights or remedies otherwise available.
Appears in 2 contracts
Sources: Credit Agreement (Timco Aviation Services Inc), Credit Agreement (Aviation Sales Co)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent Agent, either CoAgent any Lender or any Lender Issuing Bank in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.
Appears in 1 contract
Sources: Credit Agreement (Insilco Corp/De/)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be 101 109 construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.. 161
Appears in 1 contract
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent the Agent, any Lender or any Lender Issuing Bank in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilegeprivi lege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or 128 136 privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Sources: Credit Agreement (FWT Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.. 127
Appears in 1 contract
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude any other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.
Appears in 1 contract
Sources: Term Loan Agreement (Reckson Associates Realty Corp)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Revolving Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Revolving Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.. 154
Appears in 1 contract
Sources: Revolving Loan Credit Agreement (Amscan Holdings Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such -116- 124 power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Sources: Credit Agreement (Zilog Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative the Agent or any other Lender in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.
Appears in 1 contract
Sources: Revolving Credit Agreement (Prometheus Senior Quarters LLC)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent the Agent, the Issuing Bank or any Lender in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude any other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.
Appears in 1 contract
Sources: Credit Agreement (Anntaylor Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right right, or privilege preclude any other or further exercise thereof or of any other power, right right, or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Sources: Pledge and Security Agreement (Walker & Dunlop, Inc.)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Term Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Term Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Sources: Term Loan Agreement (Loews Cineplex Entertainment Corp)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent Agent, any Lender or any Designated Bid Lender in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent the Collateral Agent, any Lender or any Lender Issuing Bank in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.
Appears in 1 contract
Sources: Credit Agreement (Fairchild Corp)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative any Agent or any Term Loan Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence Not Waiver; Remedies Cumulative. No ------------------------------------------------------- failure or delay on the part of the Administrative Agent Agent, any Issuing Bank or any Lender in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude any other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative an Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.. 116
Appears in 1 contract
Sources: Credit Agreement (Itron Inc /Wa/)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent Agent, any Lender or any Designated Bid Lender in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative the Collateral Agent or any Lender or any holder of any Note in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the or any other Loan Documents Document are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.
Appears in 1 contract
Sources: Loan Agreement (Elgar Holdings Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege 178 preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, either Co-Agent any Lender or any Lender Issuing Bank in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.
Appears in 1 contract
Sources: Credit Agreement (Insilco Corp/De/)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative any Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.. 140
Appears in 1 contract
Sources: Credit Agreement (Arterial Vascular Engineering Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and 133 remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Revolving Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Revolving Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent, the Collateral Agent or any Lender the Lenders in the exercise of any power, right or privilege hereunder under this Agreement, the Notes or under any of the other Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement Agreement, the Notes and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.
Appears in 1 contract
Sources: Loan Agreement (Accredited Mortgage Loan REIT Trust)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent Agent, L/C Issuer or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative any Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude any other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Sources: Credit Agreement (Autotote Corp)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.. 148
Appears in 1 contract
Sources: Credit Agreement (DMW Worldwide Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No ----------------------------------------------------- failure or delay on the part of the Administrative Agent or any other Lender in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude any other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Sources: Revolving Line of Credit Agreement (Hawaiian Telcom Holdco, Inc.)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent the Payment and Disbursement Agent, any other Lender or any Lender other Co-Agent in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.. Marshalling;
Appears in 1 contract
Sources: Revolving Credit Agreement (United Artists Theatre Circuit Inc /Md/)
Failure or Indulgence Not Waiver; Remedies Cumulative. No ----------------------------------------------------- failure or delay on the part of Administrative Agent the Agent, any Lender or any Lender Issuing Bank in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent the Payment and Disbursement Agent, any other Lender or any Lender other Agent in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent Agent, any Issuing Bank or any Lender in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or Agent, any other Lender in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default Event of Default or Unmatured Event of Default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Sources: Credit Agreement (Paragon Group Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.. 101 109
Appears in 1 contract
Sources: Credit Agreement (Atlas Air Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.. 153
Appears in 1 contract
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or -107- 114 acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and 113 remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Loan Document shall impair such power, 81 -75- right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Sources: Credit Agreement (Atlas Air Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or Agent, any Lender in the exercise of any power, right or privilege hereunder or under any other of the Loan Document Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other powerright, right power or privilege. All rights and remedies existing under this Agreement and the other Loan Documents are cumulative to, to and not exclusive of, of any rights or remedies otherwise available.
Appears in 1 contract
Sources: Credit Agreement (NMHG Holding Co)