Common use of No Waivers Clause in Contracts

No Waivers. (a) The obligations of the Issuer hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP Shares or any other Related Document). The rights of the Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP Share may have under the terms of such RVMTP Share or any Related Document or otherwise. (b) No failure or delay by the Issuer or the Purchaser in exercising any right, power or privilege hereunder or under the RVMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer or the Purchaser in exercising any right, power or privilege under or in respect of the RVMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer or the Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 14 contracts

Sources: RVMTP Purchase Agreement (Bank of America Corp /De/), RVMTP Purchase Agreement (Bank of America Corp /De/), RVMTP Purchase Agreement (Bank of America Corp /De/)

No Waivers. (a) The obligations of the Issuer hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP VMTP Shares or any other Related Document). The rights of the Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP VMTP Share may have under the terms of such RVMTP VMTP Share or any Related Document or otherwise. (b) No failure or delay by the Issuer or the Purchaser in exercising any right, power or privilege hereunder or under the RVMTP VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer or the Purchaser in exercising any right, power or privilege under or in respect of the RVMTP VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer or the Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 13 contracts

Sources: VMTP Purchase Agreement (Bank of America Corp /De/), VMTP Purchase Agreement (Bank of America Corp /De/), Purchase Agreement (Bank of America Corp /De/)

No Waivers. (a) The obligations of the Issuer Fund hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP MFP Shares or any other Related Document). The rights of the Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Beneficial Owner of any RVMTP MFP Share may have under the terms of such RVMTP MFP Share or any other Related Document or otherwise. (b) No failure or delay by the Issuer Fund or the Purchaser in exercising any right, power or privilege hereunder or under the RVMTP MFP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the Purchaser in exercising any right, power or privilege under or in respect of the RVMTP MFP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 13 contracts

Sources: Series a Munifund Preferred Shares Purchase and Exchange Agreement (Wells Fargo & Company/Mn), Series C Munifund Preferred Shares Purchase Agreement (Wells Fargo & Company/Mn), Additional Series a Munifund Preferred Shares Purchase Agreement (Bank of America Corp /De/)

No Waivers. (a) The obligations of the Issuer Fund and the Shareholder and its Permitted Transferees hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, including the RVMTP Shares or any other Related DocumentShares). The rights of the Purchaser Shareholder hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP Share may have under the terms of such RVMTP Share or any Related Document or otherwise. (b) No failure or delay by the Issuer Fund or the Purchaser Shareholder in exercising any right, power or privilege hereunder or under the RVMTP Shares or any other agreement shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the Purchaser Shareholder in exercising any right, power or privilege under or in respect of the RVMTP Shares or any other Related Document agreement shall affect the rights, powers or privileges of the Issuer Fund or the Purchaser Shareholder hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 13 contracts

Sources: Registration Rights Agreement (Wells Fargo & Company/Mn), Registration Rights Agreement (Wells Fargo & Company/Mn), Registration Rights Agreement (Wells Fargo & Company/Mn)

No Waivers. (a) The obligations of the Issuer Fund hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP Shares or any other Related Document). The rights of the Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP VMTP Share may have under the terms of such RVMTP VMTP Share or any Related Document or otherwise. (b) No failure or delay by the Issuer Fund or the Purchaser in exercising any right, power or privilege hereunder or under the RVMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the Purchaser in exercising any right, power or privilege under or in respect of the RVMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 12 contracts

Sources: Purchase Agreement (Wells Fargo & Company/Mn), RVMTP Purchase Agreement (Wells Fargo & Company/Mn), RVMTP Purchase Agreement (Wells Fargo & Company/Mn)

No Waivers. (a) The obligations of the Issuer Fund and the Shareholder and its Permitted Transferees hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP Shares or any other Related DocumentShares). The rights of the Purchaser Shareholder hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP Share may have under the terms of such RVMTP Share or any Related Document or otherwise. (b) No failure or delay by the Issuer Fund or the Purchaser Shareholder in exercising any right, power or privilege hereunder or under the RVMTP Shares or any other agreement shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the Purchaser Shareholder in exercising any right, power or privilege under or in respect of the RVMTP Shares or any other Related Document agreement shall affect the rights, powers or privileges of the Issuer Fund or the Purchaser Shareholder hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 8 contracts

Sources: Registration Rights Agreement (Bank of America Corp /De/), Registration Rights Agreement (Bank of America Corp /De/), Registration Rights Agreement (Bank of America Corp /De/)

No Waivers. (a) The obligations of the Issuer Fund hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP New VMTP Shares or any other Related Document). The rights of the Purchaser ▇▇▇▇▇ Fargo hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP New VMTP Share may have under the terms of such RVMTP New VMTP Share or any Related Document or otherwise. (b) No failure or delay by the Issuer Fund or the Purchaser ▇▇▇▇▇ Fargo in exercising any right, power or privilege hereunder or under the RVMTP New VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the Purchaser ▇▇▇▇▇ Fargo in exercising any right, power or privilege under or in respect of the RVMTP New VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the Purchaser ▇▇▇▇▇ Fargo hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 7 contracts

Sources: VMTP Purchase and Exchange Agreement (Wells Fargo & Company/Mn), VMTP Purchase and Exchange Agreement (Wells Fargo & Company/Mn), VMTP Purchase and Exchange Agreement (Wells Fargo & Company/Mn)

No Waivers. (a) The obligations of the Issuer Fund hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP VMTP Shares or any other Related Document). The rights of the Purchaser Purchasers hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP VMTP Share may have under the terms of such RVMTP VMTP Share or any Related Document or otherwise. (b) No failure or delay by the Issuer Fund or the any Purchaser in exercising any right, power or privilege hereunder or under the RVMTP VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the any Purchaser in exercising any right, power or privilege under or in respect of the RVMTP VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the any Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 7 contracts

Sources: VMTP Purchase Agreement (Wells Fargo & Company/Mn), VMTP Purchase Agreement (Wells Fargo & Company/Mn), VMTP Purchase Agreement (Wells Fargo & Company/Mn)

No Waivers. (a) The obligations of the Issuer hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP VMTP Shares or any other Related Document). The rights of the each Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP VMTP Share may have under the terms of such RVMTP VMTP Share or any Related Document or otherwise. (b) No failure or delay by the Issuer or the either Purchaser in exercising any right, power or privilege hereunder or under the RVMTP VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer or the either Purchaser in exercising any right, power or privilege under or in respect of the RVMTP VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer or the either Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 6 contracts

Sources: VMTP Purchase Agreement (Bank of America Corp /De/), Registration Rights Agreement (Bank of America Corp /De/), VMTP Purchase Agreement (Bank of America Corp /De/)

No Waivers. (a) The obligations of the Issuer Fund hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP VMTP Shares or any other Related Document). The rights of the Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Beneficial Owner of any RVMTP VMTP Share may have under the terms of such RVMTP VMTP Share or any Related Document or otherwise. (b) No failure or delay by the Issuer Fund or the Purchaser in exercising any right, power or privilege hereunder or under the RVMTP VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the Purchaser in exercising any right, power or privilege under or in respect of the RVMTP VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 4 contracts

Sources: Variable Rate Muni Term Preferred Shares Purchase Agreement (Bank of America Corp /De/), Variable Rate Muni Term Preferred Shares Purchase Agreement (Bank of America Corp /De/), Variable Rate Muni Term Preferred Shares Purchase Agreement (Bank of America Corp /De/)

No Waivers. (a) The obligations of the Issuer Fund hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP VMTP Shares or any other Related Document). The rights of the Closing Date Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP VMTP Share may have under the terms of such RVMTP VMTP Share or any Related Document or otherwise. (b) No failure or delay by the Issuer Fund or the Closing Date Purchaser in exercising any right, power or privilege hereunder or under the RVMTP VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the Closing Date Purchaser in exercising any right, power or privilege under or in respect of the RVMTP VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the Closing Date Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 4 contracts

Sources: VMTP Purchase Agreement (Wells Fargo & Company/Mn), VMTP Purchase Agreement (Wells Fargo & Company/Mn), VMTP Purchase Agreement (Wells Fargo & Company/Mn)

No Waivers. (a) The obligations of the Issuer Fund hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP VMTP Shares or any other Related Document). The rights of the Purchaser ▇▇▇▇▇ Fargo hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP VMTP Share may have under the terms of such RVMTP VMTP Share or any Related Document or otherwise. (b) No failure or delay by the Issuer Fund or the Purchaser ▇▇▇▇▇ Fargo in exercising any right, power or privilege hereunder or under the RVMTP VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the Purchaser ▇▇▇▇▇ Fargo in exercising any right, power or privilege under or in respect of the RVMTP VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the Purchaser ▇▇▇▇▇ Fargo hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Sources: VMTP Purchase Agreement (Wells Fargo & Company/Mn), VMTP Purchase Agreement (Wells Fargo & Company/Mn), VMTP Purchase Agreement (Wells Fargo & Company/Mn)

No Waivers. (a) The obligations of the Issuer Fund hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP New VMTP Shares or any other Related Document). The rights of the each Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP New VMTP Share may have under the terms of such RVMTP New VMTP Share or any Related Document or otherwise. (b) No failure or delay by the Issuer Fund or the either Purchaser in exercising any right, power or privilege hereunder or under the RVMTP New VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the either Purchaser in exercising any right, power or privilege under or in respect of the RVMTP New VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the either Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Sources: VMTP Purchase and Exchange Agreement (Wells Fargo & Company/Mn), Purchase and Exchange Agreement (Bank of America Corp /De/), Exchange and Purchase Agreement (Wells Fargo & Company/Mn)

No Waivers. (a) The obligations of the Issuer hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP VMTP Shares or any other Related Document). The rights of each of the Purchaser Purchasers hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP VMTP Share may have under the terms of such RVMTP VMTP Share or any Related Document or otherwise. (b) No failure or delay by the Issuer or the either Purchaser in exercising any right, power or privilege hereunder or under the RVMTP VMTP Shares shall operate as a waiver thereof thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer or the either Purchaser in exercising any right, power or privilege under or in respect of the RVMTP VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer or the either Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Sources: VMTP Purchase Agreement (Bank of America Corp /De/), VMTP Purchase Agreement (Bank of America Corp /De/), Purchase Agreement (Bank of America Corp /De/)

No Waivers. (a) The obligations of the Issuer Acquiring Fund hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP Shares or any other Related Document). The rights of the Purchaser Investor hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP Share may have under the terms of such RVMTP Share or any Related Document or otherwise. (b) No failure or delay by the Issuer Acquiring Fund or the Purchaser Investor in exercising any right, power or privilege hereunder or under the RVMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Acquiring Fund or the Purchaser Investor in exercising any right, power or privilege under or in respect of the RVMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Acquiring Fund or the Purchaser Investor hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Sources: RVMTP Exchange Agreement (Bank of America Corp /De/), Exchange Agreement (Bank of America Corp /De/), RVMTP Exchange Agreement (Bank of America Corp /De/)

No Waivers. (a) The obligations of the Issuer Fund hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP VMTP Shares or any other Related Document). The rights of the Purchaser ▇▇▇▇▇ Fargo hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP New VMTP Share may have under the terms of such RVMTP New VMTP Share or any Related Document or otherwise. (b) No failure or delay by the Issuer Fund or the Purchaser ▇▇▇▇▇ Fargo in exercising any right, power or privilege hereunder or under the RVMTP VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the Purchaser ▇▇▇▇▇ Fargo in exercising any right, power or privilege under or in respect of the RVMTP VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the Purchaser ▇▇▇▇▇ Fargo hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Sources: VMTP Purchase Agreement (Wells Fargo & Company/Mn), VMTP Purchase Agreement (Wells Fargo & Company/Mn)

No Waivers. (a) The Except as provided by Section 1.1(b) hereof, the obligations of the Issuer Fund hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP MFP Shares or any other Related Document). The rights of the Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Beneficial Owner of any RVMTP MFP Share may have under the terms of such RVMTP MFP Share or any other Related Document or otherwise. (b) No failure or delay by the Issuer Fund or the Purchaser in exercising any right, power or privilege hereunder or under the RVMTP MFP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the Purchaser in exercising any right, power or privilege under or in respect of the RVMTP MFP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Sources: Additional Series B Munifund Preferred Shares Purchase Agreement (Toronto Dominion Investments, Inc.), Additional Series B Munifund Preferred Shares Purchase Agreement (Toronto Dominion Investments, Inc.)

No Waivers. (a) The obligations of the Issuer Fund hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP AMTP Shares or any other Related Document). The rights of the Purchaser DB hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP AMTP Share may have under the terms of such RVMTP AMTP Share or any Related Document or otherwise. (b) No failure or delay by the Issuer Fund or the Purchaser DB in exercising any right, power or privilege hereunder or under the RVMTP AMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the Purchaser DB in exercising any right, power or privilege under or in respect of the RVMTP AMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the Purchaser DB hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Sources: Amtp Shares Purchase Agreement (Deutsche Bank Ag\), Amtp Shares Purchase Agreement (Deutsche Bank Ag\)

No Waivers. (a) The obligations of the Issuer Fund hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP Shares or any other Related Document). The rights of the Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP Share may have under the terms of such RVMTP Share or any Related Document or otherwise. (b) No failure or delay by the Issuer Fund or the Purchaser in exercising any right, power or privilege hereunder or under the RVMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the Purchaser in exercising any right, power or privilege under or in respect of the RVMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Sources: RVMTP Purchase Agreement (Wells Fargo & Company/Mn)

No Waivers. (a) The obligations of the Issuer hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP 2018 VMTP Shares or any other Related Document). The rights of the each Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP 2018 VMTP Share may have under the terms of such RVMTP 2018 VMTP Share or any Related Document or otherwise. (b) No failure or delay by the Issuer or the either Purchaser in exercising any right, power or privilege hereunder or under the RVMTP 2018 VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer or the either Purchaser in exercising any right, power or privilege under or in respect of the RVMTP 2018 VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer or the either Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Sources: VMTP Purchase Agreement (Bank of America Corp /De/)

No Waivers. (a) The obligations of the Issuer hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP 2019 VMTP Shares or any other Related Document). The rights of the each Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP 2019 VMTP Share may have under the terms of such RVMTP 2019 VMTP Share or any Related Document or otherwise. (b) No failure or delay by the Issuer or the either Purchaser in exercising any right, power or privilege hereunder or under the RVMTP 2019 VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer or the either Purchaser in exercising any right, power or privilege under or in respect of the RVMTP 2019 VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer or the either Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Sources: Purchase Agreement (Bank of America Corp /De/)

No Waivers. (a) The obligations of the Issuer Fund hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP 2018 VMTP Shares or any other Related Document). The rights of the Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP 2018 VMTP Share may have under the terms of such RVMTP 2018 VMTP Share or any Related Document or otherwise. (b) No failure or delay by the Issuer Fund or the Purchaser in exercising any right, power or privilege hereunder or under the RVMTP 2018 VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer Fund or the Purchaser in exercising any right, power or privilege under or in respect of the RVMTP 2018 VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer Fund or the Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Sources: VMTP Purchase Agreement (Wells Fargo & Company/Mn)

No Waivers. (a) The obligations of the Issuer hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP VMTP Shares or any other Related Document). The rights of the Purchaser ▇▇▇▇▇ Fargo hereunder are separate from and in addition to any rights that any Holder or Designated Beneficial Owner of any RVMTP VMTP Share may have under the terms of such RVMTP VMTP Share or any Related Document or otherwise. (b) No failure or delay by the Issuer or the Purchaser ▇▇▇▇▇ Fargo in exercising any right, power or privilege hereunder or under the RVMTP VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer or the Purchaser ▇▇▇▇▇ Fargo in exercising any right, power or privilege under or in respect of the RVMTP VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer or the Purchaser ▇▇▇▇▇ Fargo hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Sources: VMTP Purchase Agreement (Wells Fargo & Company/Mn)

No Waivers. (a) The obligations of the Issuer hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP 2019 VMTP Shares or any other Related Document). The rights of the Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP 2019 VMTP Share may have under the terms of such RVMTP 2019 VMTP Share or any Related Document or otherwise. (b) No failure or delay by the Issuer or the Purchaser in exercising any right, power or privilege hereunder or under the RVMTP 2019 VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer or the Purchaser in exercising any right, power or privilege under or in respect of the RVMTP 2019 VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer or the Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Sources: Purchase Agreement (Bank of America Corp /De/)

No Waivers. (a) The obligations of the Issuer hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP New VMTP Shares or any other Related Document). The rights of the Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP New VMTP Share may have under the terms of such RVMTP New VMTP Share or any Related Document or otherwise. (b) No failure or delay by the Issuer or the Purchaser in exercising any right, power or privilege hereunder or under the RVMTP New VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer or the Purchaser in exercising any right, power or privilege under or in respect of the RVMTP New VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer or the Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Sources: VMTP Purchase Agreement (Bank of America Corp /De/)

No Waivers. (a) The obligations of the Issuer hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP VMTP Shares or any other Related Document). The rights of the each Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Beneficial Owner of any RVMTP VMTP Share may have under the terms of such RVMTP VMTP Share or any Related Document or otherwise. (b) No failure or delay by the Issuer or the either Purchaser in exercising any right, power or privilege hereunder or under the RVMTP VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer or the either Purchaser in exercising any right, power or privilege under or in respect of the RVMTP VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer or the either Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Sources: VMTP Purchase Agreement (Bank of America Corp /De/)

No Waivers. (a) The obligations of the Issuer hereunder shall not in any way be modified or limited by reference to any other document, instrument or agreement (including, without limitation, the RVMTP VMTP Shares or any other Related Document). The rights of the Purchaser hereunder are separate from and in addition to any rights that any Holder or Designated Owner of any RVMTP VMTP Share may have under the terms of such RVMTP VMTP Share or any Related Document or otherwise. (b) No failure or delay by the Issuer or the Purchaser in exercising any right, power or privilege hereunder or under the RVMTP VMTP Shares shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No failure or delay by the Issuer or the Purchaser in exercising any right, power or privilege under or in respect of the RVMTP VMTP Shares or any other Related Document shall affect the rights, powers or privileges of the Issuer or the Purchaser hereunder or shall operate as a limitation or waiver thereof. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Sources: VMTP Purchase Agreement (Wells Fargo & Company/Mn)