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 the Agent or any Lender or any holder of any Note in the exercise of any power, right or privilege hereunder, under a Guarantee or under the Notes 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 right, power or privilege. All rights and remedies existing under this Agreement, under a Guarantee or the Notes are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 7 contracts

Sources: Senior Bridge Loan Credit Agreement (Equinix Inc), Senior Secured Credit Agreement (Central European Media Enterprises LTD), Senior Subordinated Credit Agreement (Capstone Pharmacy Services Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Agent or any Lender or any holder of any Note in the exercise of any power, right or privilege hereunder, under a Guarantee hereunder or under the Notes 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 right, power or privilege. All rights and remedies existing under this Agreement, under a Guarantee or Agreement and the Notes are cumulative to to, and not exclusive of of, any rights or remedies otherwise available.

Appears in 6 contracts

Sources: Collateral Loan Agreement, Collateral Loan Agreement (CNL Lifestyle Properties Inc), Collateral Loan Agreement (Strategic Storage Trust, Inc.)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Agent or any Lender or any holder of any Note in the exercise of any power, right or privilege hereunder, under a Guarantee hereunder or under the Notes Note 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 right, power or privilege. All rights and remedies existing under this Agreement, under a Guarantee Agreement or the Notes Note are cumulative to and not exclusive of of, any rights or remedies otherwise available.

Appears in 3 contracts

Sources: Secured Term Loan Agreement (MSX International Inc), Senior Subordinated Credit Agreement (Gerber Childrenswear Inc), Subordinated Credit Agreement (Lower Road Associates LLC)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the any Agent or any Lender or any holder of any Note in the exercise of any power, right or privilege hereunder, under a Guarantee or under the Notes 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 right, power or privilege. All rights and remedies existing under this Agreement, under a Guarantee or under the Notes are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 2 contracts

Sources: First Lien Senior Credit Agreement (Wellman Inc), Second Lien Senior Credit Agreement (Wellman Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Administrative Agent or any Lender or any holder of any Note in the exercise of any power, right or privilege hereunder, under a the Guarantee or under the Notes 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 right, power or privilege. All rights 48 Credit Agreement and remedies existing under this Agreement, under a the Guarantee or under the Notes are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 1 contract

Sources: Credit Agreement (Mutual Risk Management LTD)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Agent or any Lender or any holder of any Note in the exercise of any power, right or privilege hereunder, under a Guarantee hereunder or under the Notes Note 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 right, power or privilege. All rights and remedies existing under this Agreement, under a Guarantee Agreement or the Notes Note are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 1 contract

Sources: Senior Secured Credit Agreement (Cityscape Financial Corp)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Collateral Agent or any Lender or any holder of any Note in the exercise of any power, right or privilege hereunder, under a Guarantee Guarantee, under the Notes or under the Notes Security 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 right, power or privilege. All rights and remedies existing under this Agreement, under a Guarantee or the Notes are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 1 contract

Sources: Senior Secured Credit Agreement (Renaissance Cosmetics Inc /De/)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Agent or any Lender or any holder of any Note in the exercise of any power, right or privilege hereunder, under a Guarantee hereunder or under the Notes Securities 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 right, power or privilege. All rights and remedies existing under this Agreement, under a Guarantee Agreement or the Notes Securities are cumulative to and not exclusive of of, any rights or remedies otherwise available.

Appears in 1 contract

Sources: Senior Subordinated Loan Agreement (Symmetry Medical Inc.)

Failure or Indulgence Not Waiver; Remedies Cumulative. No To the fullest extent permitted under applicable law, no failure or delay on the part of the Agent or any Lender or any holder of any Note Notes in the exercise of any power, right or privilege hereunder, under a Guarantee hereunder or under the Notes 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 right, power or privilege. All To the fullest extent permitted under applicable law, all rights and remedies existing under this Agreement, under a Guarantee Agreement or the Notes are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 1 contract

Sources: Senior Credit Agreement (Chancellor Radio Broadcasting Co)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Agent or any Lender or any holder of any Note in the exercise of any power, right or privilege hereunder, under a Guarantee or under the Notes 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 right, power or privilege. All rights and remedies existing under this Agreement, under a Guarantee or the Notes are 109 cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 1 contract

Sources: Senior Credit Agreement (Young America Holdings Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Agent or any Lender or any holder of any Note in the exercise of any power, right or privilege hereunder, under a Guarantee Guarantee, under the 90 97 Pledge Agreement or under the Notes 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 right, power or privilege. All rights and remedies existing under this Agreement, under a Guarantee Guarantee, the Pledge Agreement or the Notes are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 1 contract

Sources: Loan Agreement (Formus Communications Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Agent Agents or any Lender or any holder of any Note in the exercise of any power, right or privilege hereunder, under a Guarantee or under the Notes 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 right, power or privilege. All rights and remedies existing under this Agreement, under a Guarantee or the Notes are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 1 contract

Sources: Credit Agreement (Republic Engineered Steels Inc)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Agent or any Lender or any holder of any Interim Note in the exercise of any power, right or privilege hereunder, under a Guarantee or under the Interim Notes 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 right, power or privilege. All rights and remedies existing under this Agreement, under a Guarantee or the Interim Notes are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 1 contract

Sources: Credit Agreement (TAL International Group, Inc.)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Agent any Agent, any Holder or any Lender or any holder of any Note Holder in the exercise of any power, right or privilege hereunder, under a Guarantee hereunder or under the Notes any Note shall impair such power, right or privilege or be construed to be a waiver of any default 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 right, power or privilege. All rights and remedies existing under this Agreement, under a Guarantee Agreement or the Notes Note are cumulative to and not exclusive of of, any rights or remedies otherwise available.

Appears in 1 contract

Sources: Note Purchase Agreement (Vacasa, Inc.)

Failure or Indulgence Not Waiver; Remedies Cumulative. No ----------------------------------------------------- failure or delay on the part of the Agent or any Lender or any holder of any Note in the exercise of any power, right or privilege hereunder, under a Guarantee or under the Notes 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 right, power or privilege. All rights and remedies existing under this Agreement, under a Guarantee or the Notes are cumulative to and not exclusive of any rights or remedies otherwise available.

Appears in 1 contract

Sources: Senior Subordinated Credit Agreement (Petersen Holdings LLC)

Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of the Agent or any Lender or any holder of any Note Lenders in the exercise of any power, right or privilege hereunder, under a Guarantee hereunder or under the Notes 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 right, power or privilege. All rights and remedies existing under this Agreement, under a Guarantee Agreement or the Notes are cumulative to and not exclusive of of, any rights or remedies otherwise available.

Appears in 1 contract

Sources: Senior Subordinated Loan Agreement (Synagro Technologies Inc)