Common use of No Waiver by Course of Conduct Clause in Contracts

No Waiver by Course of Conduct. Cumulative Remedies. Neither the Collateral Agent nor any Purchaser or Noteholder shall by any act (except by a written instrument pursuant to Section 5.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default, Event of Default or Guarantor Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any Purchaser or any Note- holder, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any Purchaser or any Noteholder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Collateral Agent or such Purchaser or Noteholder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: Guarantee (Geon Co)

No Waiver by Course of Conduct. Cumulative Remedies. Neither the Collateral Administrative Agent nor any Purchaser or Noteholder Lender shall by any act (except by a written instrument pursuant to Section 5.18.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default, Event of Default or Guarantor Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Administrative Agent or any Purchaser or any Note- holderLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Administrative Agent or any Purchaser or any Noteholder Lender of any right or remedy hereunder on any one anyone occasion shall not be construed as a bar to any right or remedy which the Collateral Administrative Agent or such Purchaser or Noteholder Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: Guarantee and Collateral Agreement (Avery Berkel Holdings LTD)

No Waiver by Course of Conduct. Cumulative Remedies. Neither the Note Collateral Agent nor any Purchaser or Noteholder other holder of the Note Obligations shall by any act (except by a written instrument pursuant to Section 5.1)act, delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any DefaultActionable Event or in any breach of any of the terms and conditions hereof, Event of Default or Guarantor Event of Defaultexcept as otherwise provided in subsection 15(a) hereof. No failure to exercise, nor any delay in exercising, on the part of the Note Collateral Agent or any Purchaser or any Note- holderholder of the Note Obligations, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Note Collateral Agent or any Purchaser or any Noteholder other holder of the Note Obligations of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Note Collateral Agent or such Purchaser or Noteholder holder of the Note Obligations would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: Security Agreement (Revlon Consumer Products Corp)

No Waiver by Course of Conduct. Cumulative RemediesCUMULATIVE REMEDIES. Neither None of the Collateral Agent, either Administrative Agent nor or any Purchaser or Noteholder Lender shall by any act (except by a written instrument pursuant to Section 5.17.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default, Event of Default or Guarantor Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent, either Administrative Agent or any Purchaser or any Note- holderLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent, either Administrative Agent or any Purchaser or any Noteholder Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Collateral Agent, such Administrative Agent or such Purchaser or Noteholder Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: Credit Agreement (International Multifoods Corp)

No Waiver by Course of Conduct. Cumulative Remedies. Neither the Note Collateral Agent nor any Purchaser or Noteholder holder of the Note Obligations shall by any act (except by a written instrument pursuant to Section 5.1)act, delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any DefaultActionable Event or in any breach of any of the terms and conditions hereof, Event of Default or Guarantor Event of Defaultexcept as otherwise provided in subsection 15(a) hereof. No failure to exercise, nor any delay in exercising, on the part of the Note Collateral Agent or any Purchaser or any Note- holderholder of the Note Obligations, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Note Collateral Agent or any Purchaser or any Noteholder holder of the Note Obligations of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Note Collateral Agent or such Purchaser or Noteholder holder of the Note Obligations would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: Security Agreement (Revlon Consumer Products Corp)