Common use of REMEDIES AND WAIVERS Clause in Contracts

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the Lender, any right or remedy under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy 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: Facility Agreement (Car Tech, LLC), Facilities Agreement (Karooooo Ltd.), Working Capital Loan Agreement

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the LenderFinance Parties or any of them, any right or remedy under this Agreement shall operate as a waiverwaiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof 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.

Appears in 22 contracts

Sources: Senior Facilities Agreement (Liberty Global PLC), Fleet Financing Facility Agreement (Avis Budget Group, Inc.), High Yield Bridge Facilities Agreement (Liberty Global PLC)

REMEDIES AND WAIVERS. No failure to exercise, exercise nor partial exercise nor any delay in exercising, on exercising by the part of the Lender, Beneficiary any right or and/or remedy under this Agreement Guarantee shall operate as a waiver, nor shall any single or partial exercise of any right or and/or remedy prevent any further or other exercise or the exercise of any other right or and/or remedy. The rights and remedies provided in under this Agreement Guarantee are cumulative and not exclusive of any other rights or and/or remedies provided by lawunder any applicable law and/or the Agreement.

Appears in 6 contracts

Sources: Framework Agreement for the Subletting of Natural Gas Transmission Capacity, Framework Agreement for the Subletting of Natural Gas Transmission Capacity, Framework Agreement for the Subletting of Natural Gas Transmission Capacity

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the LenderLenders, any right or remedy under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy 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: Fixed Rate Convertible Shareholder Loan Facility, Fixed Rate Convertible Shareholder Loan Facility, Fixed Rate Convertible Shareholder Loan Facility

REMEDIES AND WAIVERS. No failure by the Lender to exercise, nor any and no delay in exercising, on the part of the Lender, any right or remedy under this Agreement shall will operate as a waiverwaiver thereof, nor shall will any single or partial exercise of any right or remedy prevent preclude any other or further or other exercise thereof or the exercise of any other right or remedy. The rights rights, powers, remedies and remedies privileges provided in this Agreement are cumulative and not exclusive of any rights or rights, powers, remedies and privileges provided by law.

Appears in 4 contracts

Sources: Revolving Line of Credit Agreement (Ener1 Inc), Revolving Line of Credit Agreement (Ener1 Inc), Line of Credit Agreement (Ener1 Inc)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the LenderDebt Guarantor, any right or remedy under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy 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: Guarantee, Cession and Pledge Agreement (Net 1 Ueps Technologies Inc), Subordination Agreement (Net 1 Ueps Technologies Inc), Shareholder Guarantee, Cession and Pledge Agreement (Net 1 Ueps Technologies Inc)

REMEDIES AND WAIVERS. No failure by Lender to exercise, nor any and no delay in exercising, on the part of the Lender, any right or remedy under this Agreement shall will operate as a waiverwaiver thereof, nor shall will any single or partial exercise of any right or remedy prevent preclude any other or further or other exercise thereof or the exercise of any other right or remedy. The rights rights, powers, remedies and remedies privileges provided in this Agreement are cumulative and not exclusive of any rights or rights, powers, remedies and privileges provided by law.

Appears in 4 contracts

Sources: Line of Credit Agreement (Ener1 Inc), Line of Credit Agreement (Ener1 Inc), Line of Credit Agreement (Ener1 Inc)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the Lender, any right or remedy under this Agreement shall operate as a waiver, nor waiver of any such right or remedy or constitute an election to affirm this Agreement. No election to affirm this Agreement on the part of the Lender shall any 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: Shareholder Loan Agreement, Shareholder Loan Agreement, Revolving Credit Facility Agreement (Fresenius Medical Care AG & Co. KGaA)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the LenderRelevant Finance Parties or any of them, any right or remedy under this Agreement shall operate as a waiverwaiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof 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.

Appears in 4 contracts

Sources: Senior Facilities Agreement (VMWH LTD), Senior Facilities Agreement (Virgin Media Inc.), Senior Facilities Agreement (Virgin Media Inc.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the Lender, exercising any right or remedy under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy 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: Debt Restructuring Agreement (Hungarian Telecom LP), Debt Restructuring Agreement (Invitel Holdings a/S), Loan Agreement (Invitel Holdings a/S)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the Lender, any right or remedy under this Agreement Deed shall operate as a waiver, nor shall any single or partial exercise of any right or remedy 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: Deed of Guarantee and Indemnity (Ads-Tec Energy Public LTD Co), Deed of Guarantee and Indemnity (Ads-Tec Energy Public LTD Co), Deed of Guarantee and Indemnity (Ads-Tec Energy Public LTD Co)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the LenderHAYVN, any right or remedy under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy 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: User Agreement, User Agreement, User Agreement

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the a Lender, any right or remedy under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy 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: Convertible Loan Agreement (Empire Energy Corp), Convertible Loan Agreement (Empire Energy Corp), Convertible Loan Agreement (Empire Energy Corp)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the Lendereither Agent, any right or remedy under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy 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: Equity Support, Subordination and Retention Agreement (Mosaic Co), Equity Support, Subordination and Retention Agreement (Mosaic Co)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the any Lender, any right or remedy under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy 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: Term Loan Facility Agreement (AsiaCo Acquisition LTD), Term Loan Facility Agreement (AsiaCo Acquisition LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the Lenderany party, any right or remedy under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy 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: Supplemental Pass Through Agreement (Hutchison Telecommunications International LTD), Eth Pass Through Agreement (Hutchison Telecommunications International LTD)

REMEDIES AND WAIVERS. 10.1 No failure to exercise, nor any delay in exercising, on the part of either the LenderLender or the Borrower, any right or remedy under this Agreement agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Sources: Loan Agreement (SEALSQ Corp), Loan Agreement (SEALSQ Corp)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the LenderSecurity Agent, any right or remedy under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy 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: Wynn Resorts Support Agreement (Wynn Resorts LTD), Wynn Resorts Support Agreement (Wynn Resorts LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the a Lender, any right or remedy under this Agreement the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy 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: Revolving Credit Facility Agreement (Lesaka Technologies Inc), Facility Agreement (Best Buy Co Inc)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of any Lender, the LenderFacility Agent, the Arranger or the Security Agent, any right or remedy under this Agreement shall operate as a waiverwaiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof 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 Agreement Regarding the Export Financing of Equipment, Amendment Agreement Regarding the Export Financing of Equipment (First Solar, Inc.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the LenderLessor, any right or remedy under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy 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: Lease Agreement (Paragon Offshore PLC), Lease Agreement (Paragon Offshore PLC)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the Lenderany Facility Party, any right or remedy under this Agreement the Facility Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy 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: Term and Letter of Credit Facility Agreement (Cascal B.V.), Subordinated Secured Term and Letter of Credit Facility Agreement (Cascal B.V.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the Lender, Senior Creditor or Junior Creditor any right or remedy under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy 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: Subordination Agreement (Cascal B.V.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the Lender, exercising any right or remedy under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or of 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: Share Sale Agreement (SouFun Holdings LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the LenderLender to exercise, and no delay on its part in exercising, any right or remedy under this Agreement shall will operate as a waiverwaiver thereof, nor shall will any single or partial exercise of any right or remedy prevent preclude any other or further or other exercise thereof or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any other 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 the Lender, any Transaction Party any right or remedy under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy 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: Subordination Agreement

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the LenderBondholder, any right or remedy under this Agreement Deed shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise 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: Assignment Agreement (Global Pharm Holdings Group, Inc.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the Lender, any right or remedy under this Agreement shall operate as a waiver, nor waiver of any such right or remedy or constitute an election to affirm this Agreement. No waiver or election to affirm this Agreement on the part of the Lender shall any be effective unless 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: Facility Agreement

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the Lender, any right or remedy under this Agreement the Transaction Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy 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 Loan Agreement (Aegon Nv)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the Lender, any right or remedy under this Agreement the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy 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 lawApplicable Law.

Appears in 1 contract

Sources: Amendment and Restatement Agreement (Sedibelo Platinum Mines LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the Lenderany Participating Creditor, any right or remedy under this Agreement any document in relation to any Debt shall operate as a waiver, nor shall any single or partial exercise of any right or remedy 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: Restructuring Support Agreement

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the Lenderany Secured Party, Shareholder Creditor or Intercompany Creditor any right or remedy under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy 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: Intercreditor Agreement

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the LenderMortgagee, any right or remedy under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy 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: Mortgage Agreement (Axm Pharma Inc)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the LenderZEPLY, any right or remedy under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy 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: User Agreement

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the LenderDebentureholders' Representative acting on the instruction of the Debentureholders, any right or remedy under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy 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: Security Agreement

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the LenderBuyer, any right or remedy under this Agreement and/or other Transaction Documents, shall operate as a waiver, nor shall any single or partial exercise of any right or remedy 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: Prepayment Agreement (GeoPark LTD)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the LenderSubscriber, any right or remedy under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy 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: Subscription Agreement (Alternus Energy Inc.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the Lender, any right or remedy under this Second Amended and Restated Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Second Amended and Restated Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Sources: Credit Facility Agreement (Shell Midstream Partners, L.P.)

REMEDIES AND WAIVERS. No failure to exercise, nor any delay in exercising, on the part of the Lender, any right or remedy under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy 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 and Pledge Agreement (Medigus Ltd.)