Common use of Remedies Cumulative Clause in Contracts

Remedies Cumulative. Bank’s rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given. Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise.

Appears in 148 contracts

Samples: Loan and Security Agreement (Casper Sleep Inc.), Loan and Security Agreement (Augmedix, Inc.), Loan and Security Agreement (diaDexus, Inc.)

Remedies Cumulative. Bank’s rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 95 contracts

Samples: Loan and Security Agreement (Journey Medical Corp), Loan and Security Agreement (Kana Software Inc), Credit Agreement (Internet Capital Group Inc)

Remedies Cumulative. Bank ’s 's rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 89 contracts

Samples: Loan and Security Agreement (Silicon Image Inc), Loan and Security Agreement (Villageedocs Inc), Loan and Security Agreement (Bridgepoint Education Inc)

Remedies Cumulative. Bank ’s 's rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith expressly set forth herein as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 47 contracts

Samples: Loan and Security Agreement (Opus360 Corp), Loan and Security Agreement (Hie Inc), Loan and Security Agreement (Mobius Management Systems Inc)

Remedies Cumulative. Bank ’s 's rights and remedies under this ------------------- Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 23 contracts

Samples: Loan and Security Agreement (Evolving Systems Inc), Loan and Security Agreement (Egain Communications Corp), Loan and Security Agreement (Loudeye Technologies Inc)

Remedies Cumulative. Bank’s rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on a Borrower’s part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 22 contracts

Samples: Loan and Security Agreement (Safeguard Scientifics Inc), Loan and Security Agreement (GigOptix, Inc.), Loan and Security Agreement (Uni-Pixel)

Remedies Cumulative. Bank’s rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given. Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise.

Appears in 19 contracts

Samples: Loan and Security Agreement (Neurobiological Technologies Inc /Ca/), Loan and Security Agreement (Rocket Fuel Inc.), Loan and Security Agreement (IPC the Hospitalist Company, Inc.)

Remedies Cumulative. Bank ’s 's rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith expressly set forth herein as provided under the Code UCC, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 13 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement, Revolving Credit and Security Agreement (Avanex Corp)

Remedies Cumulative. Bank’s rights and remedies under this Agreement, the Loan Documents, Documents and all other agreements shall be cumulative cumulative and may be exercised successively, concurrently, alternatively and in any other order and at such time or times as Bank elects in its discretion. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or law and in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, election or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 9 contracts

Samples: Loan and Security Agreement (Adam Inc), Loan and Security Agreement (Cea Acquisition Corp), Loan and Security Agreement (Computer Software Innovations Inc)

Remedies Cumulative. Bank ’s 's rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given. Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise.

Appears in 8 contracts

Samples: Loan and Security Agreement (Spy Optic Inc), Loan and Security Agreement (Nuvasive Inc), Loan and Security Agreement (Bluephoenix Solutions LTD)

Remedies Cumulative. Bank’s rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower’s Borrowers’ part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 7 contracts

Samples: Loan and Security Agreement (IBEX LTD), Loan and Security Agreement (IBEX LTD), Loan and Security Agreement (True Drinks Holdings, Inc.)

Remedies Cumulative. Bank ’s 's rights and remedies under this Agreement, ------------------- the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith expressly set forth herein as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 7 contracts

Samples: Loan and Security Agreement (Silicon Gaming Inc), Loan and Security Agreement (Copper Mountain Networks Inc), Loan and Security Agreement (C-Bridge Internet Solutions Inc)

Remedies Cumulative. Bank’s rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 6 contracts

Samples: Loan and Security Agreement (Five9, Inc.), Loan and Security Agreement (Five9, Inc.), Loan and Security Agreement (Backblaze, Inc.)

Remedies Cumulative. Bank Lender’s rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank Lender shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank Lender of one right or remedy shall be deemed an election, and no waiver by Bank Lender of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by Bank Lender shall constitute a waiver, election, or acquiescence by it. No waiver by Bank Lender shall be effective unless made in a written document signed on behalf of Bank Lender and then shall be effective only in the specific instance and for the specific purpose for which it was given. Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank Lender by course of performance, conduct, estoppel or otherwise.

Appears in 5 contracts

Samples: Loan and Security Agreement (Roka BioScience, Inc.), Loan and Security Agreement (Rocky Mountain Chocolate Factory Inc), Term Loan and Security Agreement (Irvine Sensors Corp/De/)

Remedies Cumulative. Bank’s rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on a Borrower’s part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given. Each Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise.

Appears in 5 contracts

Samples: Loan and Security Agreement (Trupanion Inc.), Loan and Security Agreement (Everyday Health, Inc.), Loan and Security Agreement (Obalon Therapeutics Inc)

Remedies Cumulative. Bank ’s 's rights and remedies under this Exim Agreement, the Exim Loan Documents, the Domestic Loan Documents and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 5 contracts

Samples: Export Import Bank Loan and Security Agreement (Aspen Technology Inc /De/), Loan and Security Agreement (Applix Inc /Ma/), Export Import Bank Loan and Security Agreement (Ibasis Inc)

Remedies Cumulative. Bank’s rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on a Borrower’s part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given. Each Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise.

Appears in 5 contracts

Samples: Loan and Security Agreement (Lyris, Inc.), Loan and Security Agreement (Pac-West Telecomm Inc), Loan and Security Agreement (LDR Holding Corp)

Remedies Cumulative. Bank Lender’s rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank Lender shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank Lender of one right or remedy shall be deemed an election, and no waiver by Bank Lender of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by Bank Lender shall constitute a waiver, election, or acquiescence by it. No waiver by Bank Lender shall be effective unless made in a written document signed on behalf of Bank Lender and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 5 contracts

Samples: Loan and Security Agreement (Focus Enhancements Inc), Loan and Security Agreement (Qumu Corp), Loan and Security Agreement (Mercadolibre Inc)

Remedies Cumulative. Each Bank’s rights and remedies under this Agreement, the Loan Documents, Documents and all other agreements shall be cumulative cumulative and may be exercised successively, concurrently, alternatively and in any other order and at such time or times as any Bank elects in its discretion. Each Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or law and in equity. No exercise by any Bank of one right or remedy shall be deemed an election, and no waiver by Bank any Bank, or all of them, of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by Bank any Bank, or all of them, shall constitute a waiver, election, election or acquiescence by it. No waiver by any Bank shall be effective unless made in a written document signed on behalf of such Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given. Borrower expressly agrees that this Section 9.7 may For the avoidance of doubt, a waiver of one Bank shall not be waived or modified in any event constitute a waiver by any other Bank by course of performance, conduct, estoppel or otherwise absent its execution thereof.

Appears in 5 contracts

Samples: Loan and Security Agreement (Portfolio Recovery Associates Inc), Loan and Security Agreement (Portfolio Recovery Associates Inc), Loan and Security Agreement (Portfolio Recovery Associates Inc)

Remedies Cumulative. Bank DPW’s rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank DPW shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank DPW of one right or remedy shall be deemed an election, and no waiver by Bank DPW of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by Bank DPW shall constitute a waiver, election, or acquiescence by it. No waiver by Bank DPW shall be effective unless made in a written document signed on behalf of Bank DPW and then shall be effective only in the specific instance and for the specific purpose for which it was given. Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank DPW by course of performance, conduct, estoppel or otherwise.

Appears in 4 contracts

Samples: Loan and Security Agreement (Digital Power Corp), Loan and Security Agreement (Digital Power Corp), Loan and Security Agreement (DPW Holdings, Inc.)

Remedies Cumulative. Bank ’s 's rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given. Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise.

Appears in 4 contracts

Samples: Loan and Security Agreement (Genoptix Inc), Loan and Security Agreement (Source Energy Corp /Ut/), Loan and Security Agreement (Trubion Pharmaceuticals, Inc)

Remedies Cumulative. Bank ’s 's rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies remedies, not inconsistent herewith expressly set forth herein, and as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 4 contracts

Samples: Senior Subordinated Loan and Security Agreement (Objectspace Inc), Senior Subordinated Loan and Security Agreement (Objectspace Inc), Loan and Security Agreement (Objectspace Inc)

Remedies Cumulative. Bank’s rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on any Borrower’s part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given. Each Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise.

Appears in 4 contracts

Samples: Loan and Security Agreement (Interpace Biosciences, Inc.), Loan and Security Agreement (Upland Software, Inc.), Loan and Security Agreement (Upland Software, Inc.)

Remedies Cumulative. Bank Agent’s and the Lenders’ rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank Agent and the Lenders shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank Agent or any Lender of one right or remedy shall be deemed an election, and no waiver by Bank Agent or any Lender of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by Bank Agent or any Lender shall constitute a waiver, election, or acquiescence by it. No waiver by Bank Agent or any Lender shall be effective unless made in a written document signed on behalf of Bank Agent and the Required Lenders and then shall be effective only in the specific instance and for the specific purpose for which it was given. Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank Agent or any Lender by course of performance, conduct, estoppel or otherwise.

Appears in 4 contracts

Samples: Loan and Security Agreement (Kala Pharmaceuticals, Inc.), Loan and Security Agreement (Kala Pharmaceuticals, Inc.), Loan and Security Agreement (Kala Pharmaceuticals, Inc.)

Remedies Cumulative. Bank’s Lender's rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank Lender shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank Lender of one right or remedy shall be deemed an election, and no waiver by Bank Lender of any Event of Default on Borrower’s Borrowers' part shall be deemed a continuing waiver. No delay by Bank Lender shall constitute a waiver, election, or acquiescence by it. No waiver by Bank Lender shall be effective unless made in a written document signed on behalf of Bank Lender and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 4 contracts

Samples: Loan and Security Agreement (Netratings Inc), Loan and Security Agreement (Netratings Inc), Loan and Security Agreement (Netratings Inc)

Remedies Cumulative. Bank’s Lender's rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank Lender shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank Lender of one right or remedy shall be deemed an election, and no waiver by Bank Lender of any Event of Default on Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank Lender shall constitute a waiver, election, or acquiescence by it. No waiver by Bank Lender shall be effective unless made in a written document signed on behalf of Bank Lender and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 4 contracts

Samples: Assignment and Assumption Agreement (Lc Capital Master Fund LTD), Loan and Security Agreement (Superconductor Technologies Inc), Loan and Security Agreement (Physicians Insurance Co of Ohio)

Remedies Cumulative. Bank ’s 's rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code UCC, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 3 contracts

Samples: Loan and Security Agreement (Evolve Software Inc), Loan and Security Agreement (Align Technology Inc), Revolving Credit and Security Agreement (Avanex Corp)

Remedies Cumulative. Bank ’s 's rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower’s Borrowers' part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 3 contracts

Samples: Loan and Security Agreement (Maxwell Technologies Inc), Loan and Security Agreement (Viewlocity Inc), Loan and Security Agreement (Virata Corp)

Remedies Cumulative. Bank ’s 's rights and remedies under this ------------------- Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith expressly set forth herein as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 3 contracts

Samples: Loan and Security Agreement (Open Market Inc), Loan Modification Agreement (Orapharma Inc), Loan and Security Agreement (Manhattan Associates Inc)

Remedies Cumulative. Bank’s rights and remedies under this Agreement, the Loan Documents, the Bank Services Agreements and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower any Loan Party’s part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given. Borrower Each Loan Party expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise.

Appears in 3 contracts

Samples: Loan and Security Agreement (Apex Technology Acquisition Corp), Loan and Security Agreement (Apex Technology Acquisition Corp), Loan and Security Agreement (AvePoint, Inc.)

Remedies Cumulative. Bank ’s 's rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given. Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise. 9.7

Appears in 3 contracts

Samples: Loan and Security Agreement (Arthrocare Corp), Loan and Security, Agreement (Jetfax Inc), Loan and Security Agreement (Consilium Inc)

Remedies Cumulative. Bank’s rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on either Borrower’s part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given. Borrower Borrowers expressly agrees agree that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise.

Appears in 3 contracts

Samples: Loan and Security Agreement (Taiwan Liposome Company, Ltd.), Loan and Security Agreement (Taiwan Liposome Company, Ltd.), Loan and Security Agreement (Taiwan Liposome Company, Ltd.)

Remedies Cumulative. Bank’s rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code California Uniform Commercial Code (the “UCC”), by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower ’s or Grantor’s part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 3 contracts

Samples: Third Party (Irvine Sensors Corp/De/), Third Party Security Agreement (Auriga Laboratories, Inc.), Third Party Security Agreement (TorreyPines Therapeutics, Inc.)

Remedies Cumulative. Bank’s rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative . , Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 2 contracts

Samples: Loan and Security Agreement (Singulex Inc), Loan and Security Agreement (Singulex Inc)

Remedies Cumulative. Bank Lilly’s rights and remedies under this Loan Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank Lilly shall have all other rights and remedies not inconsistent herewith expressly set forth herein as provided under the Code, by applicable law, or in equity. No exercise by Bank Lilly of one right or remedy shall be deemed an election, and no waiver by Bank Lilly of any Event of Default on Borrower Amylin’s part shall be deemed a continuing waiver. No delay by Bank Lilly shall constitute a waiver, election, or acquiescence by it. No waiver by Bank Lilly shall be effective unless made in a written document signed on behalf of Bank Lilly and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 2 contracts

Samples: Loan Agreement (Amylin Pharmaceuticals Inc), Loan Agreement (Amylin Pharmaceuticals Inc)

Remedies Cumulative. Bank ’s 's rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith expressly set forth herein as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on any Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 2 contracts

Samples: Loan and Security Agreement (Tripath Imaging Inc), Loan and Security Agreement (Simione Central Holdings Inc)

Remedies Cumulative. Bank’s rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given. Borrower expressly agrees that this Section 9.7 12.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise.

Appears in 2 contracts

Samples: Loan, Guaranty and Security Agreement (Cinedigm Corp.), Guaranty and Security Agreement (Cinedigm Corp.)

Remedies Cumulative. Bank’s rights and remedies under this Agreement, Agreement and the Loan Documents, and all other agreements Documents shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 2 contracts

Samples: Loan and Security Agreement (Bladelogic Inc), Loan and Security Agreement (Northern Star Acquisition Corp.)

Remedies Cumulative. Bank’s rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given. Borrower expressly agrees that this Section 9.7 9.5 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise.

Appears in 2 contracts

Samples: Loan and Security Agreement (Intelepeer Inc), Loan and Security Agreement (Force10 Networks Inc)

Remedies Cumulative. Bank Lender’s rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank Lender shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank Lender of one right or remedy shall be deemed an election, and no waiver by Bank Lender of any Event of Default on the Borrower’s part shall be deemed a continuing waiver. No delay by Bank Lender shall constitute a waiver, election, or acquiescence by it. No waiver by Bank Lender shall be effective unless made in a written document signed on behalf of Bank Lender and then shall be effective only in the specific instance and for the specific purpose for which it was given. The Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank Lender by course of performance, conduct, estoppel or otherwise.

Appears in 2 contracts

Samples: Credit Agreement (Aly Energy Services, Inc.), Credit Agreement (Aly Energy Services, Inc.)

Remedies Cumulative. Bank’s rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on a Borrower’s part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given. Each Borrower expressly agrees that this Section 9.7 9.6 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise.

Appears in 2 contracts

Samples: Loan and Security Agreement (Identiv, Inc.), Loan and Security Agreement (Identiv, Inc.)

Remedies Cumulative. Bank’s rights and remedies under this Agreement, the Loan Documents, Documents and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, law or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, election or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given. Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise.

Appears in 2 contracts

Samples: Loan and Security Agreement (Liquidia Technologies Inc), Loan and Security Agreement (Liquidia Technologies Inc)

Remedies Cumulative. Bank’s rights and remedies under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given. Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise.

Appears in 2 contracts

Samples: Loan and Security Agreement (NTN Buzztime Inc), Loan and Security Agreement (NTN Buzztime Inc)

Remedies Cumulative. Bank Administrative Agent’s rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank Administrative Agent shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank Administrative Agent of one right or remedy shall be deemed an election, and no waiver by Bank Administrative Agent of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by Bank Administrative Agent shall constitute a waiver, election, or acquiescence by it. No waiver by Bank Administrative Agent shall be effective unless made in a written document signed on behalf of Bank Administrative Agent and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 2 contracts

Samples: Loan and Security Agreement (Ubiquiti Networks, Inc.), Loan and Security Agreement (Ubiquiti Networks, Inc.)

Remedies Cumulative. Bank’s rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code UCC, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 2 contracts

Samples: Disbursement Instructions (Vastera Inc), Loan and Security Agreement (Align Technology Inc)

Remedies Cumulative. Bank Lender’s rights and remedies under this Loan Agreement, the other Loan Documents, and all other agreements shall be cumulative . Bank shall have all , and are not exclusive of any other rights and remedies not inconsistent herewith as provided under the Code rights, by law powers, privileges or remedies, now or hereafter existing, at law or in equity equity or otherwise. No exercise by Bank Lender of one right or remedy shall be deemed an election, and no waiver by Bank Lender of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by Bank Lender shall constitute a waiver, election, or acquiescence by it him. No waiver by Bank Lender shall be effective unless made in a written document signed on behalf of Bank personally by Lender and then shall be effective only in the specific instance and for the specific purpose for which it was given. Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank Lender by course of performance, conduct, estoppel or otherwise.

Appears in 2 contracts

Samples: Term Loan  and Security Agreement (Environmental Energy Services Inc), Term Loan  and Security Agreement (Blaze Energy Corp.)

Remedies Cumulative. Bank ’s 's rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not expressly set forth herein inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 2 contracts

Samples: Loan and Security Agreement (Faxsav Inc), Loan and Security Agreement (Faxsav Inc)

Remedies Cumulative. Bank’s rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code , the PPSA, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given. Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise.

Appears in 2 contracts

Samples: Loan and Security Agreement (Upland Software, Inc.), Loan and Security Agreement (Upland Software, Inc.)

Remedies Cumulative. Bank Lender’s rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank Lender shall have all other rights and remedies not inconsistent herewith as provided under the Code Texas Uniform Commercial Code (the “UCC”), by law, or in equity. No exercise by Bank Lender of one right or remedy shall be deemed an election, and no waiver by Bank Lender of any Event of Default on Borrower ’s or Grantor’s part shall be deemed a continuing waiver. No delay by Bank Lender shall constitute a waiver, election, or acquiescence by it. No waiver by Bank Lender shall be effective unless made in a written document signed on behalf of Bank Lender and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 2 contracts

Samples: Subordinated Security Agreement (Irvine Sensors Corp/De/), Subordinated Security Agreement (Irvine Sensors Corp/De/)

Remedies Cumulative. Bank Agent’s and Lenders’ rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank Agent and the Lenders shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank Agent or a Lender of one right or remedy shall be deemed an election, and no waiver by Bank Agent or a Lender of any Event of Default on Borrower’s a Borrowers’ part shall be deemed a continuing waiver. No delay by Bank Agent or a Lender shall constitute a waiver, election, or acquiescence by it. No waiver by Bank Agent shall be effective unless made in a written document signed on behalf of Bank Agent and then shall be effective only in the specific instance and for the specific purpose for which it was given. Each Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank Agent by course of performance, conduct, estoppel or otherwise.

Appears in 2 contracts

Samples: Credit Agreement (Trupanion Inc.), Credit Agreement (Trupanion Inc.)

Remedies Cumulative. Bank ’s 's rights and remedies under this Exim ------------------- Agreement, the Exim Loan Documents, the Domestic Loan Documents and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 2 contracts

Samples: Loan and Security Agreement (Seachange International Inc), Loan and Security Agreement (Seachange International Inc)

Remedies Cumulative. Bank ’s 's rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on a Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 2 contracts

Samples: Loan and Security Agreement (Quovadx Inc), Loan Agreement (Safeguard Scientifics Inc Et Al)

Remedies Cumulative. Bank’s Lender's rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative cumulative and not alternative. Bank Lender shall have all other rights rights, powers and remedies not inconsistent herewith as provided under the Code, by law, or in equity equity against Borrower or any other person, including but not limited to Lender's rights of setoff or banker's lien. No exercise by Bank Lender of one right or remedy shall be deemed an election, and no waiver by Bank Lender of any Event of Default on Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank Lender shall constitute a waiver, election, or acquiescence by it. No waiver by Bank Lender shall be effective unless made in a written document signed on behalf of Bank Lender and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 2 contracts

Samples: Loan and Security Agreement (Formfactor Inc), Loan and Security Agreement (Probusiness Services Inc)

Remedies Cumulative. Bank Agent’s and Lenders’ rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank Agent and Lenders shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank Agent of one right or remedy shall be deemed an election, and no waiver by Bank Agent of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by Bank Agent shall constitute a waiver, election, or acquiescence by it. No waiver by Bank Agent shall be effective unless made in a written document signed on behalf of Bank Agent and then shall be effective only in the specific instance and for the specific purpose for which it was given. Borrower Each Loan Party expressly agrees that this Section 9.7 may not be waived or modified by Bank Agent by course of performance, conduct, estoppel or otherwise.

Appears in 2 contracts

Samples: Loan and Security Agreement (Cue Health Inc.), Loan and Security Agreement (Cue Health Inc.)

Remedies Cumulative. Bank’s Lender's rights and remedies under this Agreement, the Loan Documents, Documents and all other agreements shall be cumulative. Bank Lender shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, law or in equity. No exercise by Bank Lender of one right or remedy shall be deemed an election, and no waiver by Bank Lender of any Event of Default on Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank Lender shall constitute a waiver, election, election or acquiescence by it. No waiver by Bank Lender shall be effective unless made in a written document signed on behalf of Bank Lender and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 2 contracts

Samples: Loan and Security Agreement (Verso Technologies Inc), Asset Purchase Agreement (Verso Technologies Inc)

Remedies Cumulative. Bank’s Lenders' rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank Lenders shall have all other rights and remedies not inconsistent herewith as provided under the Code, by at law, or in equity. No exercise by Bank Lenders of one right or remedy shall be deemed an election, and no waiver by Bank Lenders of any Event of Default on Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank Lenders shall constitute a waiver, election, or acquiescence by it them. No waiver by Bank Lenders shall be effective unless made in a written document signed on behalf of Bank by Servicing Agent and Requisite Lenders and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 2 contracts

Samples: Loan and Security Agreement (Mti Technology Corp), Loan Agreement (Cymer Inc)

Remedies Cumulative. Bank ’s 's rights and remedies under this Agreement, the Loan Documents, Documents and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith expressly set forth herein as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 2 contracts

Samples: Loan and Security Agreement (Vista Medical Technologies Inc), Loan and Security Agreement (Vista Medical Technologies Inc)

Remedies Cumulative. Bank’s Lender's rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank Lender shall have all other rights and remedies not inconsistent herewith expressly set forth herein as provided under the Code, by law, or in equity. No exercise by Bank Lender of one right or remedy shall be deemed an election, and no waiver by Bank Lender of any Event of Default on Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank Lender shall constitute a waiver, election, or acquiescence by it. No waiver by Bank Lender shall be effective unless made in a written document signed on behalf of Bank Lender and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 2 contracts

Samples: Loan and Security Agreement (Intervisual Books Inc /Ca), Loan and Security Agreement (Zindart LTD)

Remedies Cumulative. Bank ’s 's rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower’s Borrowers' part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given. Borrower Borrowers expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise.

Appears in 2 contracts

Samples: Loan and Security Agreement (Convio, Inc.), Loan and Security Agreement (Convio, Inc.)

Remedies Cumulative. Bank’s rights and remedies under this Agreement, and the Loan Documents, and all other agreements Documents shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of writing by Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 2 contracts

Samples: Loan and Security Agreement (Oaktree Strategic Income II, Inc.), Loan and Security Agreement (Oaktree Strategic Income II, Inc.)

Remedies Cumulative. Bank’s Banks' rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. A Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by applicable law , or in equity . No exercise by a Bank of one right or remedy shall be deemed an election, and no waiver by a Bank of any Event of Default on Borrower ’s 's part shall be deemed a continuing waiver. No delay by a Bank shall constitute a waiver, election, or acquiescence by it. No waiver by a Bank shall be effective unless made in a written document signed on behalf of a Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 2 contracts

Samples: Loan Agreement (Intevac Inc), Loan Agreement (Centigram Communications Corp)

Remedies Cumulative. Bank’s rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given. Borrower expressly agrees that this This Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise.

Appears in 2 contracts

Samples: Loan and Security Agreement (Allena Pharmaceuticals, Inc.), Loan and Security Agreement (Allena Pharmaceuticals, Inc.)

Remedies Cumulative. Bank’s rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower’s part shall be deemed a continuing waiver . , No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given. Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise.

Appears in 2 contracts

Samples: Loan and Security Agreement (Auspex Pharmaceuticals, Inc.), Loan and Security Agreement (Auspex Pharmaceuticals, Inc.)

Remedies Cumulative. Bank’s Agents' and Lenders' rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank Agents and Lenders shall have all other rights and remedies not inconsistent herewith expressly set forth herein as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on a Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank Servicing Agent and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 1 contract

Samples: Loan and Security Agreement (Integrated Packaging Assembly Corp)

Remedies Cumulative. Bank ’s 's rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Servicing Agent and each Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Servicing Agent or a Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower ’s 's part shall be deemed a continuing waiver. No delay by Servicing Agent or a Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank Servicing Agent and each Bank, as appropriate and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 1 contract

Samples: Loan and Security Agreement (Heartport Inc)

Remedies Cumulative. Bank Lender’s rights and remedies under this Agreement, the Loan Documents, Agreement and all other agreements shall be cumulative. Bank Lender shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank Lender of one right or remedy shall be deemed an election, and no waiver by Bank Lender of any Event of Default on any Borrower’s part shall be deemed a continuing waiver. No delay by Bank Lender shall constitute a waiver, election, or acquiescence by it. No waiver by Bank Lender shall be effective unless made in a written document signed on behalf of Bank Lender and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 1 contract

Samples: Loan and Security Agreement (Entrade Inc)

Remedies Cumulative. Bank ’s 's rights and remedies under this Agreement, Agreement ------------------- and the other Loan Documents, and all other agreements Documents shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith expressly set forth herein as provided under the Code UCC, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 1 contract

Samples: Loan and Security Agreement (Liquid Audio Inc)

Remedies Cumulative. Bank ’s 's rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith expressly set forth herein as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on each Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 1 contract

Samples: Loan and Security Agreement (Isky Inc)

Remedies Cumulative. Bank’s rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code UCC, by law Law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given. Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise.

Appears in 1 contract

Samples: Loan and Security Agreement (Siebert Financial Corp)

Remedies Cumulative. Bank’s rights and remedies under this Agreement, and the Loan Documents, and all other agreements Documents shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower any Loan Party’s part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of writing by Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 1 contract

Samples: Guarantee and Security Agreement (Great Elm Capital Corp.)

Remedies Cumulative. Bank’s rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on any Borrower’s part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 1 contract

Samples: Security Agreement (Upland Software, Inc.)

Remedies Cumulative. Bank ’s 's rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower’s Borrowers' part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given. Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise.

Appears in 1 contract

Samples: Loan and Security Agreement (Pfsweb Inc)

Remedies Cumulative. Bank ’s 's rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not expressly set forth herein inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower’s Borrowers' part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 1 contract

Samples: Loan Agreement (Lionbridge Technologies Inc /De/)

Remedies Cumulative. Bank ’s 's rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, law or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, election or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 1 contract

Samples: Loan and Security Agreement (Cortech Inc)

Remedies Cumulative. Bank’s rights and remedies under this Agreement Guaranty, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower any Guarantor’s part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given. Borrower Each Guarantor expressly agrees that this Section 9.7 9 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise.

Appears in 1 contract

Samples: Guaranty (Apex Technology Acquisition Corp)

Remedies Cumulative. Bank ’s 's rights and remedies under ------------------- this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 1 contract

Samples: Loan and Security Agreement (Thermatrix Inc)

Remedies Cumulative. Bank ’s 's rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith expressly set forth herein as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given. Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise. document

Appears in 1 contract

Samples: Loan and Security Agreement (Sage Inc/Ca)

Remedies Cumulative. Bank’s rights and remedies under this Agreement, the Loan Documents, Documents and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, law or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, election or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given. Borrower expressly agrees that this Section 9.7 9.4 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise.

Appears in 1 contract

Samples: Loan Agreement (PogoTec, Inc.)

Remedies Cumulative. Bank ’s 's rights and remedies under this Agreement, the Loan Documents, Agreement and all other agreements Loan Documents shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given. Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise.

Appears in 1 contract

Samples: Loan and Security Agreement (Orasure Technologies Inc)

Remedies Cumulative. Bank ’s 's rights and remedies under this Agreement, ------------------- the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 1 contract

Samples: Loan and Security Agreement (Verisity LTD)

Remedies Cumulative. Bank ’s 's rights and remedies under this ------------------- Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith expressly set forth herein as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower’s Borrowers part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 1 contract

Samples: Loan and Security Agreement (Matrixone Inc)

Remedies Cumulative. Bank ’s 's rights and remedies under this Agreement, the other Loan Documents, Documents and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of any one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower’s the part of Borrower or any of its Subsidiaries shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, election or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed by or on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given. Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise.

Appears in 1 contract

Samples: Loan and Security Agreement (Orchid Biosciences Inc)

Remedies Cumulative. Bank ’s 's rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of or any Event of Default on Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 1 contract

Samples: Loan and Security Agreement (Bsquare Corp /Wa)

Remedies Cumulative. Bank’s Subject to SECTION 13, the Banks' rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank Subject to SECTION 13, the Banks' shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by any Bank of one right or remedy shall be deemed an election, and no waiver by any Bank of any Event of Default on Borrower ’s 's part shall be deemed a continuing waiver. No delay by any Bank shall constitute a waiver, election, or acquiescence by it. No waiver by any Bank shall be effective unless made in a written document signed on behalf of such Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 1 contract

Samples: Loan and Security Agreement (Tegal Corp /De/)

Remedies Cumulative. Bank’s rights and remedies under this Agreement, the Loan Documents FX Agreements, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code California Uniform Commercial Code (the “UCC”), by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower Pledgor’s or Pledgor’s part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 1 contract

Samples: Pledge and Security Agreement (Business Objects S.A.)

Remedies Cumulative. Bank ’s 's rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code California Uniform Commercial Code (the "UCC"), by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it is was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 1 contract

Samples: Third Party Security Agreement (Microhelix Inc)

Remedies Cumulative. Bank’s rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code Act, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given. Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise.

Appears in 1 contract

Samples: Loan and Security Agreement (Vistaprint LTD)

Remedies Cumulative. Bank ’s 's rights and remedies under this Agreement hereunder, the other Loan Documents, and all other agreements by law shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given. Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise writing.

Appears in 1 contract

Samples: Loan and Security Agreement (Vans Inc)

Remedies Cumulative. Bank’s rights and remedies under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code PPSA, the UCC, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on a Borrower’s part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given. Each Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise.

Appears in 1 contract

Samples: Loan Agreement (PointClickCare Corp.)

Remedies Cumulative. Bank’s rights and remedies under this Exim Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 1 contract

Samples: Loan and Security Agreement (Iridex Corp)

Remedies Cumulative. Bank’s rights and remedies under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith expressly set forth herein as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 1 contract

Samples: Loan and Security Agreement (Anda Networks Inc)

Remedies Cumulative. Bank ’s 's rights and remedies under this Agreement, the other Loan Documents, and all other agreements with the Bank shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given. Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise.

Appears in 1 contract

Samples: Loan and Security Agreement (Smartbargains, Inc.)

Remedies Cumulative. Bank’s rights and remedies under this Agreement, the Loan Documents, Documents and all other agreements shall be cumulative cumulative and may be exercised successively, concurrently, alternatively and in any other order and at such time or times as Bank elects in its discretion. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or law and/or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, election or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 1 contract

Samples: Loan and Security Agreement (Salix Pharmaceuticals LTD)

Remedies Cumulative. Bank ’s 's rights and remedies under this ------------------- Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith expressly set forth herein as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on any Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 1 contract

Samples: Loan and Security Agreement (SQL Financials International Inc /De)

Remedies Cumulative. Bank’s rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code California Uniform Commercial Code (the “UCC”), by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower ’s or Grantor’s part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given. Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise. WEST\270005860.2 355157-000162 3

Appears in 1 contract

Samples: Business Financing Agreement (ADESTO TECHNOLOGIES Corp)

Remedies Cumulative. Bank’s Lenders’ rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank Lenders shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank Lenders of one right or remedy shall be deemed an election, and no waiver by Bank Lenders of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by Bank Lenders shall constitute a waiver, election, or acquiescence by it. No waiver by Bank Lenders shall be effective unless made in a written document signed on behalf of Bank Lenders and then shall be effective only in the specific instance and for the specific purpose for which it was given. Borrower expressly agrees that this Section 9.7 may not only be waived or modified with the express Consent of the Required Lenders and will not be deemed waived or modified by Bank Lenders by course of performance, conduct, estoppel or otherwise.

Appears in 1 contract

Samples: Loan and Security Agreement (Imageware Systems Inc)

Remedies Cumulative. Bank’s Lender's rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank Lender shall have all other rights and remedies not inconsistent herewith as provided under the Code, by at law, or in equity. No exercise by Bank Lender of one right or remedy shall be deemed an election, and no waiver by Bank Lender of any Event of Default on Borrower ’s 's part shall be deemed a continuing waiver. No delay by Bank Lender shall constitute a waiver, election, or acquiescence by it. No waiver by Bank Lender shall be effective unless made in a written document signed on behalf of Bank by Lender and then shall be effective only in the specific instance and for the specific purpose for which it was given . Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise .

Appears in 1 contract

Samples: Loan and Security Agreement (Ardent Software Inc)

Remedies Cumulative. Bank’s Lenders’ rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank Lenders shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank Lenders of one right or remedy shall be deemed an election, and no waiver by Bank Lenders of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by Bank Lenders shall constitute a waiver, election, or acquiescence by it. No waiver by Bank Lenders shall be effective unless made in a written document signed on behalf of Bank Lenders and then shall be effective only in the specific instance and for the specific purpose for which it was given. Borrower expressly agrees that this Section 9.7 may not only be waived or modified with the express written consent of the Required Lenders and will not be deemed waived or modified by Bank Lenders by course of performance, conduct, estoppel or otherwise.

Appears in 1 contract

Samples: Loan and Security Agreement (Imageware Systems Inc)

Remedies Cumulative. Bank ’s 's rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower’s the part of any Borrower shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it Bank. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given. Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise writing.

Appears in 1 contract

Samples: Loan and Security Agreement (Uniphase Corp /Ca/)

Remedies Cumulative. Bank’s rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Bank of one right or remedy shall be deemed an election, and no waiver by Bank of any Event of Default on Borrower’s Borrowers’ part shall be deemed a continuing waiver. No delay by Bank shall constitute a waiver, election, or acquiescence by it. No waiver by Bank shall be effective unless made in a written document signed on behalf of Bank and then shall be effective only in the specific instance and for the specific purpose for which it was given. Each Borrower expressly agrees that this Section 9.7 may not be waived or modified by Bank by course of performance, conduct, estoppel or otherwise.

Appears in 1 contract

Samples: Loan and Security Agreement (Jamdat Mobile Inc)