Common use of REMEDIES, ETC., CUMULATIVE Clause in Contracts

REMEDIES, ETC., CUMULATIVE. Each and every right, power and remedy of the Collateral Agent provided for in this Note Pledge Agreement, any other Transaction Document, or now or hereafter existing at law or in equity or by statute shall be cumulative and concurrent and shall be in addition to every other such right, power or remedy. The exercise or beginning of the exercise by the Collateral Agent of any one or more of the rights, powers or remedies provided for in this Note Pledge Agreement or any other Transaction Document or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by the Collateral Agent of all such other rights, powers or remedies, and no failure or delay on the part of the Collateral Agent to exercise any such right, power or remedy shall operate as a waiver thereof. No notice to or demand on the Pledgor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Collateral Agent to any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Securities Purchase Agreement (Olympus Pacific Minerals Inc)

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REMEDIES, ETC., CUMULATIVE. Each and every right, power and remedy of the Collateral Agent Lender provided for in this Note Pledge Agreement, any other Transaction Documentthe Loan Agreement or the Security Documents, or now or hereafter existing at law or in equity or by statute shall be cumulative and concurrent and shall be in addition to every other such right, power or remedy. The exercise or beginning of the exercise by the Collateral Agent Lender of any one or more of the rights, powers or remedies provided for in this Note Pledge Agreement, the Loan Agreement or any other Transaction Document the Security Documents, or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by the Collateral Agent Lender of all such other rights, powers or remedies, and no failure or delay on the part of the Collateral Agent Lender to exercise any such right, power or remedy shall operate as a waiver thereof. No Unless otherwise required by this Agreement, the Loan Agreement or the Security Documents, no demand, presentment, protest advertisement or notice of any kind to or demand on the Pledgor Borrower in any case shall entitle it the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Collateral Agent Lender or to any other or further action in any circumstances without notice demand or demandnotice.

Appears in 1 contract

Samples: Loan Agreement (BioAmber Inc.)

REMEDIES, ETC., CUMULATIVE. Each and every right, power and remedy of the Collateral Agent Lender provided for in this Note Pledge Agreement, any other Transaction Documentthe Loan Agreement or the Security Documents, or now or hereafter existing at law or in equity or by statute shall be cumulative and concurrent con­current and shall be in addition to every other such right, power or remedy. The exercise or beginning of the exercise by the Collateral Agent Lender of any one or more of the rights, powers or remedies provided for in this Note Pledge Agreement the Loan Agreement or any other Transaction Document Security Documents, or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by the Collateral Agent Lender of all such other rights, powers or remedies, and no failure or delay on the part of the Collateral Agent Lender to exercise exer­cise any such right, power or remedy shall operate as a waiver thereof. No Unless otherwise required by this Agreement, the Loan Agreement or the Security Documents, no demand, presentment, protest advertisement or notice of any kind to or demand on the Pledgor Borrower in any case shall entitle it the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Collateral Agent Lender or to any other or further action in any circumstances without notice demand or demandnotice.

Appears in 1 contract

Samples: Loan Agreement (Hydrogenics Corp)

REMEDIES, ETC., CUMULATIVE. Each and every right, power and remedy of the Collateral Agent Pledgee provided for in this Note Pledge Agreement, Agreement or any other Transaction Document, or now or hereafter existing at law or in equity or by statute shall be cumulative and concurrent and shall be in addition to every other such right, power or remedy. The exercise or beginning of the exercise by the Collateral Agent Pledgee of any one or more of the rights, powers or remedies provided for in this Note Pledge Agreement or any other Transaction Document or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by the Collateral Agent Pledgee of all such other rights, powers or remedies, and no failure or delay on the part of the Collateral Agent Pledgee to exercise any such right, power or remedy shall operate as a waiver thereof. No Unless otherwise required by the Transaction Documents, no notice to or demand on the Pledgor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Collateral Agent Pledgee to any other or further action in any circumstances without notice demand or demandnotice.

Appears in 1 contract

Samples: Pledge and Security Agreement (Clean Wind Energy Tower, Inc.)

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REMEDIES, ETC., CUMULATIVE. Each and every right, power and remedy of the Collateral Agent Lender provided for in this Note Pledge Agreement, Agreement or any other Transaction Document, or now or hereafter existing at law or in equity or by statute shall be cumulative and concurrent and shall be in addition to every other such right, power or remedy. The exercise or beginning of the exercise by the Collateral Agent Lender or any other Lender of any one or more of the rights, powers or remedies provided for in this Note Pledge Agreement or any other Transaction Document or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by the Collateral Agent Lender or any other Lender of all such other rights, powers or remedies, and no failure or delay on the part of the Collateral Agent Lender to exercise any such right, power or remedy shall operate as a waiver thereof. No Unless otherwise required by the Transaction Documents, no notice to or demand on the Pledgor Company in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Collateral Agent Lender or any other Lender to any other or further action in any circumstances without notice demand or demandnotice. The Lender agrees that this Agreement may be enforced only by the action of the Lender.

Appears in 1 contract

Samples: Pledge Agreement (Sagent Technology Inc)

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