REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 41 contracts
Sources: Bridge Facility Agreement (Smurfit WestRock LTD), Facility Agreement (Alibaba Group Holding LTD), Facility Agreement
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents Document on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 33 contracts
Sources: Multicurrency Revolving Facility Agreement (H Lundbeck a S), Bridge Facilities Agreement (Compagnie Maritime Belge NV), Bridge Facilities Agreement (Compagnie Maritime Belge NV)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or Secured Party, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any of the Finance Documents Document on the part of any Finance Party or Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 26 contracts
Sources: Term Credit Facility Agreement (Axian Telecom), Borrowing Base Facility Agreement (Vaalco Energy Inc /De/), Borrowing Base Facility Agreement (Vaalco Energy Inc /De/)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Partythe Lender, any right or remedy under the Finance Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents on the part of any Finance Party the Lender shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 21 contracts
Sources: Facility Agreement (Daqo New Energy Corp.), Term Loan Facility Agreement (Gran Tierra Energy Inc.), Term Loan Facility Agreement
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Secured Party, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any of the Finance Documents Document on the part of any Finance a Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 19 contracts
Sources: Term Loan Facility Agreement (Icon Energy Corp), Facility Agreement (Navios Maritime Partners L.P.), Term Loan Facility (Navios Maritime Partners L.P.)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or Secured Party, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any of the Finance Documents Document on the part of any Finance Party or Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 17 contracts
Sources: Secured Term Loan Facility (DHT Holdings, Inc.), Loan Agreement (Safe Bulkers, Inc.), Secured Loan Agreement (TORM PLC)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Secured Party, any right or remedy under the Finance Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents on the part of any Finance a Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 14 contracts
Sources: Loan Agreement (Ardmore Shipping Corp), Revolving and Accordion Facilities Agreement (Ardmore Shipping Corp), Loan Agreement (Ardmore Shipping Corp)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Partythe Lender, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents Document on the part of any Finance Party the Lender shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 10 contracts
Sources: Facility Agreement (SIBO HOLDING LTD), Credit Agreement (PowerFleet, Inc.), Facility Agreement (VNG LTD)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance PartyParty and SIMEST, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any of the Finance Documents Document on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 6 contracts
Sources: Loan Agreement (Norwegian Cruise Line Holdings Ltd.), Loan Agreement (Norwegian Cruise Line Holdings Ltd.), Loan Agreement (Norwegian Cruise Line Holdings Ltd.)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement the Finance Documents are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 6 contracts
Sources: Facility Agreement (Navigator Holdings Ltd.), Facility Agreement (Navigator Holdings Ltd.), Facility Agreement
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 6 contracts
Sources: Secured Loan Agreement (Diana Shipping Inc.), Secured Loan Agreement (Diana Shipping Inc.), Secured Loan Agreement (Baltic Trading LTD)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Partythe Lender, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any of the Finance Documents Document on the part of any Finance Party the Lender shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 6 contracts
Sources: Facility Agreement, Pre Export Financing Agreement (Sigma Lithium Corp), Convertible Loan Agreement (Wisekey International Holding S.A.)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Secured Party, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents Document on the part of any Finance Party or Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 5 contracts
Sources: Facility Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any of the Finance Documents Document on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 5 contracts
Sources: Term Facility Agreement (Rockley Photonics Holdings LTD), Unsecured NGN Term Facility Agreement (IHS Holding LTD), Unsecured NGN Revolving Credit Facility Agreement (IHS Holding LTD)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or Secured Party, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No waiver or election to affirm any of the Finance Documents Document on the part of any Finance Party or Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 5 contracts
Sources: Deed of Amendment Agreement (RISE Education Cayman LTD), Facility Agreement (WuXi PharmaTech (Cayman) Inc.), Facility Agreement (WuXi PharmaTech (Cayman) Inc.)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents Document on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 4 contracts
Sources: Senior Loan Note Subscription Agreement (Tritium DCFC LTD), Senior Loan Note Subscription Agreement (Tritium DCFC LTD), Senior Loan Note Subscription Agreement (Tritium DCFC LTD)
REMEDIES AND WAIVERS. No No:
(a) failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No ; and
(b) election to affirm any of the Finance Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 4 contracts
Sources: Bpifae Facility Agreement (Globalstar, Inc.), Second Lien Facility Agreement (Globalstar, Inc.), Bpifae Facility Agreement (Globalstar, Inc.)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No waiver or election to affirm any of the Finance Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 4 contracts
Sources: Facility Agreement (Imerys S.A.), Facility Agreement (Platinum Underwriters Holdings LTD), Facility Agreement (Platinum Underwriters Holdings LTD)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance PartyHolder, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents Document on the part of any Finance Party Holder shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 3 contracts
Sources: Note Purchase Agreement, Subscription Agreement (Radius Global Infrastructure, Inc.), Subscription Agreement (Radius Global Infrastructure, Inc.)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance PartyParty or Secured Creditor, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any of the Finance Documents Document on the part of any Finance Party or Secured Creditor shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 3 contracts
Sources: Securitisation Agreement (Encore Capital Group Inc), Securitization Agreement (Encore Capital Group Inc), Senior Facility Agreement (Encore Capital Group Inc)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or Secured Party, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any of the Finance Documents Document on the part of any Finance Party or Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement the Finance Documents are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 3 contracts
Sources: Amendment and Restatement Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Amendment and Restatement Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Amendment and Restatement Agreement (Melco Crown Entertainment LTD)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance PartyLender, any right or remedy under the Finance Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise thereof or the exercise of any other right or remedy. The rights and remedies herein provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 3 contracts
Sources: Standby Letter of Credit Facility (HCC Insurance Holdings Inc/De/), Standby Letter of Credit Facility (HCC Insurance Holdings Inc/De/), $90,000,000 Standby Letter of Credit Facility (HCC Insurance Holdings Inc/De/)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Creditor Party, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any of the Finance Documents Document on the part of any Finance a Creditor Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 3 contracts
Sources: Facility Agreement (Grindrod Shipping Holdings Pte. Ltd.), Facility Agreement (Scorpio Tankers Inc.), Facility Agreement (Navios Maritime Holdings Inc.)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the Lender or any Finance Secured Party, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any of the Finance Documents Document on the part of the Lender or any Finance Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 3 contracts
Sources: Secured Loan Agreement (Euroseas Ltd.), Secured Loan Agreement (Euroseas Ltd.), Secured Loan Agreement (Performance Shipping Inc.)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election by a Finance Party to affirm any of the Finance Documents on the part of any Finance Party Document shall be effective unless it is in writing. No single or partial exercise of any right or remedy by any Finance Party shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 3 contracts
Sources: Senior Facilities Agreement (OneSmart International Education Group LTD), Facility Agreement (WuXi PharmaTech (Cayman) Inc.), Facility Agreement (China Mengniu Dairy Co LTD)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Secured Party, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any of the Finance Documents Document on the part of any Finance Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 3 contracts
Sources: Uncommitted Borrowing Base Facility Agreement (Hafnia LTD), Uncommitted Borrowing Base Facility Agreement (Hafnia LTD), Uncommitted Borrowing Base Facility Agreement (Hafnia LTD)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or any Secured Party, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents Document on the part of any Finance Party or any Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Sources: Amendment and Restatement Agreement (Hamilton Insurance Group, Ltd.), Amendment and Restatement Agreement (Hamilton Insurance Group, Ltd.)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No waiver or election to affirm any of the Finance Documents Document on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Sources: Amendment and Restatement Agreement (Cboe Global Markets, Inc.), Amendment and Restatement Agreement (Cboe Global Markets, Inc.)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or Finance Party, any right or remedy under the Finance Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents Document on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Sources: Amendment and Restatement Agreement (Atlas Investissement), Facility Agreement (Atlas Investissement)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or Secured Party, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any of the Finance Documents Document on the part of any Finance Party or Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement the Finance Documents are cumulative and not exclusive of any rights or remedies provided by law.. 116 Project Asgard (2020 A&R) – Amended and Restated Facilities Agreement
Appears in 2 contracts
Sources: Amendment and Restatement Agreement (Melco Resorts & Entertainment LTD), Amendment and Restatement Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Sources: Multicurrency Revolving Facility Agreement (Luxottica Group Spa), Facility Agreement (Luxottica Group Spa)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the Lender or any Finance Secured Party, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any of the Finance Documents Document on the part of the Lender or any Finance Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Sources: Secured Loan Agreement (Euroseas Ltd.), Secured Loan Agreement (EuroDry Ltd.)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any of the Finance Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Sources: Facility Agreement (NorthStar Healthcare Income, Inc.), Facility Agreement (Northstar Realty Finance Corp.)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or Secured Party, any right or remedy under the a Finance Documents Document shall operate as a waiver waiver, of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any of the Finance Documents Document on the part of any Finance Party or Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Sources: Senior Term Facilities Agreement (CorpAcq Group PLC), Senior Term Facilities Agreement (CorpAcq Group PLC)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Sources: Loan Agreement (PCGI Intermediate Holdings LTD), Facility Agreement (PCGI Intermediate Holdings LTD)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the Lender or any Finance Secured Party, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any of the Finance Documents Document on the part of any Finance Party the Lender or the Borrower shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Sources: Amendment and Restatement Agreement (Heidmar Maritime Holdings Corp.), Amendment and Restatement Agreement to Working Capital Borrowing Base Facility Agreement (Heidmar Maritime Holdings Corp.)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Partythe Bank, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents Document on the part of any Finance Party the Bank shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Sources: Facility Agreement (NXP Semiconductors N.V.), Facility Agreement (NXP Semiconductors N.V.)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance PartySecured Party or the Arranger, any right or remedy under the Finance Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents on the part of any Finance Secured Party or the Arranger shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Sources: Multipurpose Facilities Agreement (SunOpta Inc.), Multipurpose Facilities Agreement (SunOpta Inc.)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No waiver or election to affirm any of the Finance Documents Document on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Sources: Mezzanine Facility Agreement (American Realty Capital Global Trust II, Inc.), Mezzanine Facility Agreement (American Realty Capital Global Trust II, Inc.)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents on the part of any a Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Sources: Credit Agreement (DHT Holdings, Inc.), Credit Agreement (DHT Holdings, Inc.)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents Documents, shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No waiver or election to affirm any of the Finance Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Sources: Revolving Senior Secured Credit Facility Agreement (Gold Fields LTD)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.. |EU-DOCS\29723125.9||
Appears in 1 contract
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or Secured Party, any right or remedy under the Finance Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by lawlaw or regulation.
Appears in 1 contract
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Secured Party, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any of the Finance Documents Document on the part of any Finance a Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents on the part of any Finance Party shall be effective unless it is in writingwriting and the prior written approval of K-sure has been obtained. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Sources: Secured Loan Agreement (Poseidon Containers Holdings Corp.)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such 49173559_13 right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents Document on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Partya Lender, any right or remedy under the Finance Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents on the part of any Finance Party Lender shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Sources: Facility Agreement (Huang Jianjun)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, Secured Party any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any of the Finance Documents Document on the part of any Finance Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Sources: Borrowing Base Facility Agreement (Cobalt International Energy, Inc.)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or Secured Party, any right or remedy under the Finance Documents shall operate as a waiver waiver, nor shall any single or partial exercise of any such right or remedy prevent any further or constitute an election to affirm other exercise or the exercise of any of the Finance Documentsother right or remedy. No election to affirm any of the Finance Documents Document on the part of any Finance Party or Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement the Finance Documents are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents on the part of any an Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Sources: Secured Term Loan Facility (Mohegan Tribal Gaming Authority)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the New Finance Documents shall operate as a waiver waiver, nor shall any single or partial exercise of any such right or remedy prevent any further or constitute an election to affirm other exercise or the exercise of any of the Finance Documentsother right or remedy. No election to affirm any of the Finance Documents this Agreement on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by lawlaw or regulation.
Appears in 1 contract
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Partythe Lender, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No waiver or election to affirm any of the Finance Documents Document on the part of any Finance Party the Lender shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law. 34.
Appears in 1 contract
Sources: Syndicated L/G Facility Agreement (Hillenbrand, Inc.)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents Document on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law..
Appears in 1 contract
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law..
Appears in 1 contract
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Sources: Facility Agreement
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Partythe Lender, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents Document on the part of any Finance Party the Lender shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.. 31. Confidentiality
Appears in 1 contract
Sources: Performance Bond Facility Agreement (Tamboran Resources Corp)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.. 92148
Appears in 1 contract
Sources: Third Amendment and Restatement Agreement (Alibaba Group Holding LTD)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or Secured Party, any right or remedy under the Finance Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Sources: Senior Term and Revolving Facilities Agreement (Melrose PLC)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party or Secured Party, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any of the Finance Documents Document on the part of any Finance Party or Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance the Lender or other Secured Party, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any of the Finance Documents Document on the part of the Lender or any Finance other Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver waiver, of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Sources: Term Loan and Multicurrency Revolving Facilities Agreement (AVG Technologies N.V.)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Secured Party, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any of the Finance Documents Document on the part of any Finance a Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Sources: Term Loan Facility Agreement (Okeanis Eco Tankers Corp.)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Partythe Lender, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents on the part of any Finance Party the Lender shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Sources: Loan Agreement (Diana Shipping Inc.)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents Document on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Sources: Facility Agreement
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance PartySecured Party I, any right or remedy under the any Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No waiver or election to affirm any of the Finance Documents on the part of any Finance Secured Party I shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement the Finance Documents are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Sources: Security Agreement
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents Document on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Sources: Facility Agreement (Raadr, Inc.)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents Document on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Sources: Term Loan Facility Agreement (KNOT Offshore Partners LP)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.or
Appears in 1 contract
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Partythe Arranger, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents Document on the part of any Finance Party the Arranger shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No waiver or election to affirm any of the Finance Documents Document on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and and, subject to Clause 31.2 (No hardship) below, not exclusive of any rights or remedies provided by law.
Appears in 1 contract
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents on the part of any Finance Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.. 93954-4-1-v3.0 -93- 70-40529536
Appears in 1 contract
Sources: Facility Agreement (Midamerican Energy Holdings Co /New/)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance PartySecured Party II, any right or remedy under the any Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No waiver or election to affirm any of the Finance Documents on the part of any Finance Secured Party II shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement the Finance Documents are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Sources: Security Agreement
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Partythe Lender , any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance DocumentsDocument. No election to affirm any of the Finance Documents Document on the part of any Finance Party the Lender shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Sources: Revolving Facility Agreement (MYT Netherlands Parent B.V.)
REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Finance Secured Party, any right or remedy under the a Finance Documents Document shall operate as a waiver of any such right or remedy or constitute an election to affirm any of the Finance Documents. No election to affirm any of the Finance Documents Document on the part of any Finance Secured Party shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement each Finance Document are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Sources: Common Terms Agreement