Common use of Failure or Indulgence Not Waiver; Remedies Cumulative Clause in Contracts

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Agent or any Lender to exercise, nor any partial exercise of, any power, right or privilege hereunder or under any other Loan Documents shall impair such power, right, or privilege or be construed to be a waiver of any Default or Event of Default. All rights and remedies existing hereunder or under any other Loan Document are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 44 contracts

Sources: Credit Agreement (Green Plains Inc.), Senior Secured Credit Agreement (Neff Corp), Credit Agreement (Golfsmith International Holdings Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Administrative Agent or any Lender to exercise, nor any partial exercise of, any power, right or privilege hereunder or under any other Loan Documents shall impair such power, right, or privilege or be construed to be a waiver of any Default or Event of Default. All rights and remedies existing hereunder or under any other Loan Document are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 19 contracts

Sources: Third Amendment and Confirmation Agreement (ATN International, Inc.), Credit Agreement (Atlantic Tele Network Inc /De), Credit Agreement (Shenandoah Telecommunications Co/Va/)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any Agent or any Lender to exercise, nor any partial exercise of, any power, right or privilege hereunder or under any other Loan Documents shall impair such power, right, or privilege or be construed to be a waiver of any Default or Event of Default. All rights and remedies existing hereunder or under any other Loan Document are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 8 contracts

Sources: Credit Agreement (Exopack Holding Corp), Credit Agreement (Exopack Holding Corp), Credit Agreement (Exopack Holding Corp)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Agent Agents or any Lender to exercise, nor any partial exercise of, any power, right or privilege hereunder or under any other Loan Documents shall impair such power, right, or privilege or be construed to be a waiver of any Default or Event of Default. All rights and remedies existing hereunder or under any other Loan Document are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 7 contracts

Sources: Credit Agreement (Great Lakes Aviation LTD), Credit Agreement (Uap Holding Corp), Credit Agreement (Uap Holding Corp)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Agent or any Lender to exercise, nor any partial exercise of, any power, right or privilege hereunder or under any other Loan Documents shall impair such power, right, or privilege or be construed to be a waiver of any Default or Event of Default. All rights and remedies existing hereunder or under any other Loan Document are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 3 contracts

Sources: Credit Agreement (Proto Labs Inc), Loan Agreement (First Look Studios Inc), Credit Agreement (Franklin Capital Corp)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure ----------------------------------------------------- or delay on the part of Administrative Agent or any Lender to exercise, nor any partial exercise of, any power, right or privilege hereunder or under any other Loan Documents shall impair such power, right, or privilege or be construed to be a waiver of any Default or Event of Default. All rights and remedies existing hereunder or under any other Loan Document are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 2 contracts

Sources: Credit Agreement (Us Unwired Inc), Credit Agreement (Unwired Telecom Corp)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of either Co-Administrative Agent or any Lender to exercise, nor any partial exercise of, any power, right or privilege hereunder or under any other Loan Documents shall impair such power, right, or privilege or be construed to be a waiver of any Default or Event of Default. All rights and remedies existing hereunder or under any other Loan Document are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 1 contract

Sources: Credit Agreement (TNS Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No ----------------------------------------------------- failure or delay on the part of Agent or any Lender to exercise, nor any partial exercise of, any power, right or privilege hereunder or under any other Loan Documents shall impair such power, right, or privilege or be construed to be a waiver of any Default or Event of Default. All rights and remedies existing hereunder or under any other Loan Document are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 1 contract

Sources: Credit Agreement (Opinion Research Corp)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Lenders or Collateral Agent or any Lender to exercise, nor any partial exercise of, any power, right or privilege hereunder or under any other Loan Documents shall impair such power, right, or privilege or be construed to be a waiver of any Default or Event of Default. All rights and remedies existing hereunder or under any other Loan Document are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 1 contract

Sources: Credit Agreement (Communication Intelligence Corp)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or ----------------------------------------------------- delay on the part of Agent or any Lender to exercise, nor any partial exercise of, any power, right or privilege hereunder or under any other Loan Documents shall impair such power, right, or privilege or be construed to be a waiver of any Default or Event of Default. All rights and remedies existing hereunder or under any other Loan Document are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 1 contract

Sources: Credit Agreement (MCG Capital Corp)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender to exercise, nor any partial exercise of, any power, right or privilege hereunder or under any other Loan Documents shall impair such power, right, or privilege or be construed to be a waiver of any Default or Event of Default. All rights and remedies existing hereunder or under any other Loan Document are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 1 contract

Sources: Credit Agreement (Frontier Communications Corp)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of Agent Agent, or any Lender to exercise, nor any partial exercise of, any power, right or privilege hereunder or under any other Loan Documents shall impair such power, right, or privilege or be construed to be a waiver of any Default or Event of Default. All rights and remedies existing hereunder or under any other Loan Document are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 1 contract

Sources: Bridge Loan Credit Agreement (First Look Studios Inc)