Common use of Failure or Indulgence Not Waiver Clause in Contracts

Failure or Indulgence Not Waiver. No failure or delay on the part of Bank or any holder of notes issued hereunder, in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 or any note (s) issued in connection with a Loan that Bank may make hereunder, are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 8 contracts

Sources: Credit Agreement (Omp Inc), Credit Agreement (Motorvac Technologies Inc), Credit Agreement (Micro General Corp)

Failure or Indulgence Not Waiver. No failure or delay on the part of Bank or any holder of notes issued hereunder, in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 or any note (snote(s) issued in connection with a Loan that Bank may make hereunder, are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 7 contracts

Sources: Credit Agreement (Tekelec), Credit Agreement (Mp3 Com Inc), Credit Agreement (PDF Solutions Inc)

Failure or Indulgence Not Waiver. No failure or delay on the part of Bank or any holder of notes any note issued hereunderby Borrower to Bank, in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 or any note (s) issued in connection with a Loan loan that Bank may make hereunder, are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 6 contracts

Sources: Credit Agreement (Alpha Microsystems), Credit Agreement (Matrix Pharmaceutical Inc/De), Credit Agreement (Collateral Therapeutics Inc)

Failure or Indulgence Not Waiver. No failure or delay on the part of your Bank or any holder of notes Notes issued hereunder, in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 or agreement of any note (s) issued in connection with a Loan loan that your Bank may make hereunder, are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 3 contracts

Sources: Credit Agreement (National Insurance Group /Ca/), Credit Agreement (National Insurance Group /Ca/), Credit Agreement (National Insurance Group /Ca/)

Failure or Indulgence Not Waiver. No failure or delay on the part of your Bank or any holder of notes Notes issued hereunder, in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 agreement or any note (s) issued in connection with a Loan loan that your Bank may make hereunder, are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 3 contracts

Sources: Loan Agreement (Silicon Laboratories Inc), Security and Loan Agreement (Vignette Corp), Credit Agreement (Active Power Inc)

Failure or Indulgence Not Waiver. No failure or delay on the part of Bank or any holder of notes Notes issued hereunder, in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 privilegethereof. All rights and remedies existing under this Agreement agreement or any note (s) not issued in connection with a Loan loan that Bank may make hereunder, are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 2 contracts

Sources: Security and Loan Agreement (Power Integrations Inc), Security and Loan Agreement (Power Integrations Inc)

Failure or Indulgence Not Waiver. No failure or delay on the part of Bank or any holder of notes issued hereunder, in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 or any note (s) issued in connection with a Loan that Bank may make hereunder, are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 2 contracts

Sources: Credit Agreement (Main Street & Main Inc), Credit Agreement (Trega Biosciences Inc)

Failure or Indulgence Not Waiver. No failure or delay on the part of Bank or any holder of notes Note issued hereunder, in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 or any note (s) the Note issued in connection with a Loan the Indebtedness that Bank may make hereunder, are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 2 contracts

Sources: Credit Agreement (Earthshell Container Corp), Credit Agreement (Earthshell Container Corp)

Failure or Indulgence Not Waiver. No failure or delay on the part of Bank Lender or any holder of notes issued hereunder, in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 or any note (snote(s) issued in connection with a Loan that Bank Lender may make hereunder, are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 2 contracts

Sources: Credit Agreement (Emarketplace Inc), Loan and Security Agreement (Formfactor Inc)

Failure or Indulgence Not Waiver. No failure or delay on the part of Bank or any holder of notes issued hereunderBank, in the exercise of any power, right or privilege hereunder or under any Loan Document, shall operate as a waiver thereof, nor shall any single or partial exercise thereof or of any such powerother right, right power or privilege preclude other or further exercise thereof or of any other right, power or privilege. All rights and remedies existing under this Agreement or any note (s) issued in connection with a Loan that Bank may make hereunder, hereunder are cumulative to, and not exclusive of, any other rights or remedies otherwise availableprovided in any of the Loan Documents or at law or in equity.

Appears in 2 contracts

Sources: Loan Agreement (Variagenics Inc), Loan Agreement (Rowecom Inc)

Failure or Indulgence Not Waiver. No failure or delay on the part of Bank or any holder of notes issued hereunder, the Notes in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 or any note (s) issued in connection with a Loan that Bank may make hereunder, and the Notes are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Sources: Revolving Credit Agreement (Advanced Marketing Services Inc)

Failure or Indulgence Not Waiver. No failure or delay on the part of Bank or any holder of notes any note issued hereunderby Borrower to Bank, in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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. CREDIT AGREEMENT JUNE 17, 1998 All rights and remedies existing under this Agreement or any note (s) issued in connection with a Loan loan that Bank may make hereunder, are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Sources: Credit Agreement (Alliance Pharmaceutical Corp)

Failure or Indulgence Not Waiver. No failure or delay on the part of Bank or any holder of notes Notes issued hereunder, in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 agreement or any note (s) not issued in connection with a Loan loan that Bank may make hereunder, hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Sources: Security and Loan Agreement (Alpha Microsystems)

Failure or Indulgence Not Waiver. No failure or delay on the part of Bank or any holder of notes Notes issued hereunder, in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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 or any note (s) issued in connection with a Loan loan that Bank may make hereunder, are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Sources: Credit Agreement (Tekelec)