Failure or Indulgency Not Waiver. No failure or delay on the part of the Holder 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 privileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 26 contracts
Sources: Senior Subordinated Secured Convertible Note (Onstream Media CORP), Senior Subordinated Secured Convertible Note (Onstream Media CORP), Note Purchase Agreement (Onstream Media CORP)
Failure or Indulgency Not Waiver. No failure or delay on the part of the Holder hereof 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 privilegesprivilege. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 16 contracts
Sources: Promissory Note (Gold Swap Inc), Promissory Note (Gold Swap Inc), Promissory Note (Gold Swap Inc)
Failure or Indulgency Not Waiver. No failure or delay on the part of the Holder 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 privileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise availableprivilege.
Appears in 14 contracts
Sources: Convertible Promissory Note Agreement (P Com Inc), Securities Purchase Agreement (Accent Software International LTD), Warrant Agreement (Smartserv Online Inc)
Failure or Indulgency Not Waiver. No failure or delay on the part of the any Holder 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 privileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise availableprivilege.
Appears in 10 contracts
Sources: Convertible Note Agreement (Merlin Software Technologies International Inc), Convertible Bridge Note (Imedia International Inc), Convertible Promissory Note (Level 8 Systems Inc)
Failure or Indulgency Not Waiver. No failure or delay on the part of the Holder hereof 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 the exercise of any other right, power or privilegesprivilege. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 9 contracts
Sources: Convertible Note (Nyiax, Inc.), Convertible Note (Nyiax, Inc.), Convertible Note (Nyiax, Inc.)
Failure or Indulgency Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right right, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or of privilege preclude other or further exercise thereof or of any other right, power or privilegesprivilege. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 8 contracts
Sources: Promissory Note (Apd Antiquities, Inc.), Promissory Note (Apd Antiquities, Inc.), Convertible Promissory Note (Apd Antiquities, Inc.)
Failure or Indulgency Not Waiver. No failure or delay on the part of the Holder 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 privilegesprivilege. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 5 contracts
Sources: Convertible Note (Skinny Nutritional Corp.), Note Consolidation Agreement (NCT Group Inc), Convertible Note Purchase Agreement (NCT Group Inc)
Failure or Indulgency Not Waiver. No failure or delay on the -------------------------------- part of the Holder 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 privileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 4 contracts
Sources: Note Purchase Agreement (U S Bioscience Inc), Note Purchase Agreement (Cephalon Inc), Note Purchase Agreement (Cephalon Inc)
Failure or Indulgency Not Waiver. No failure or delay on the part of the Holder or the Company 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 privileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Sources: Convertible Note (Insmed Inc), Convertible Note Agreement (Zix Corp)
Failure or Indulgency Not Waiver. No failure or delay on --------------------------------- the part of the Holder 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 privileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Sources: Note Purchase Agreement (Dwango North America Corp)
Failure or Indulgency Not Waiver. No failure or delay on the part of the any Holder 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 privileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise availableprivilege.
Appears in 1 contract
Sources: Convertible Note (Lumenon Innovative Lightwave Technology Inc)
Failure or Indulgency Not Waiver. No failure or delay on -------------------------------- the part of the Holder 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 privileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Sources: Note Purchase Agreement (Dwango North America Corp)
Failure or Indulgency Not Waiver. No failure or delay on the part of the Holder hereof 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 privilegesprivilege. All rights and remedies existing hereunder are cumulative to, and not exclusive of, ; any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgency Not Waiver. No failure or delay on the part of the Holder hereof 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 the exercise of any other right, power power, or privilegesprivilege. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgency Not Waiver. No failure or delay on the part of the Holder hereof 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 privilegesprivilege. All rights and remedies remedied existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract