Common use of Rights and Remedies Cumulative; Non-Waiver; etc Clause in Contracts

Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of the rights and remedies of the Beneficiaries set forth in this Guaranty is not intended to be exhaustive and the exercise by the Beneficiaries of any right or remedy will not preclude the exercise of any other rights or remedies, all of which will be cumulative, and will be in addition to any other right or remedy given hereunder or under the other Loan Documents, the Guaranteed Hedge Agreements or the Guaranteed Cash Management Agreements or that may now or hereafter exist at law or in equity or by suit or otherwise. No delay or failure to take action on the part of any Beneficiary in exercising any right, power or privilege will operate as a waiver thereof, nor will any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege or will be construed to be a waiver of any Event of Default. No course of dealing between a Guarantor, any Beneficiary or their respective agents or employees will be effective to change, modify or discharge any provision of this Guaranty.

Appears in 1 contract

Sources: Guaranty Agreement (SolarWinds, Inc.)

Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of ------------------------------------------------ the Bank's rights and remedies of the Beneficiaries set forth in this Guaranty Agreement is not intended to be exhaustive and the exercise by the Beneficiaries Bank of any right or remedy will shall not preclude the exercise of any other rights or remedies, all of which will shall be cumulative, and will shall be in addition to any other right or remedy given hereunder or hereunder, under any other agreement between the other Loan Guarantor and the Bank, under any of the Credit Documents, the Guaranteed Hedge Agreements or the Guaranteed Cash Management Agreements or that may now or hereafter exist at in law or in equity or by suit or otherwise. No delay or failure to take action on the part of any Beneficiary the Bank in exercising any right, power or privilege will shall operate as a waiver thereof, nor will shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege or will shall be construed to be a waiver of any Event of Default. No course of dealing between a Guarantor, any Beneficiary the Guarantor and the Bank or their respective agents or employees will shall be effective to change, modify or discharge any provision of this GuarantyAgreement or to constitute a waiver of any Event of Default.

Appears in 1 contract

Sources: Guaranty Agreement (Coca Cola Bottling Co Consolidated /De/)

Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of the rights and remedies of the Beneficiaries Guarantied Party set forth in this Guaranty is not intended to be exhaustive and the exercise by the Beneficiaries Guarantied Party of any right or remedy will not preclude the exercise of any other rights or remedies, all of which will be cumulative, and will be in addition to any other right or remedy given hereunder or under the other Loan Documents, the Guaranteed Secured Hedge Agreements or the Guaranteed Secured Cash Management Agreements or that may now or hereafter exist at law or in equity or by suit or otherwise. No delay or failure to take action on the part of any Beneficiary the Guarantied Party in exercising any right, power or privilege will operate as a waiver thereof, nor will any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege or will be construed to be a waiver of any Event of Default. No course of dealing between a Subsidiary Guarantor, any Beneficiary the Guarantied Party or their respective agents or employees will be effective to change, modify or discharge any provision of this Guaranty.

Appears in 1 contract

Sources: Credit Agreement (Opentable Inc)

Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of the rights and remedies of the Beneficiaries Secured Party set forth in this Guaranty Agreement is not intended to be exhaustive and the exercise by the Beneficiaries Secured Party of any right or remedy will not preclude the exercise of any other rights or remedies, all of which will be cumulative, and will be in addition to any other right or remedy given hereunder or under the other Loan Documents, the Guaranteed Secured Hedge Agreements or the Guaranteed Secured Cash Management Agreements or that may now or hereafter exist at law or in equity or by suit or otherwise. No delay or failure to take action on the part of any Beneficiary the Secured Party in exercising any right, power or privilege will operate as a waiver thereof, nor will any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege or will be construed to be a waiver of any Event of Default. No course of dealing between a GuarantorGrantor, any Beneficiary the Secured Party or their respective agents or employees will be effective to change, modify or discharge any provision of this GuarantyAgreement.

Appears in 1 contract

Sources: Collateral Agreement (Opentable Inc)