Common use of Election of Remedies Clause in Contracts

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after Grantor’s failure to perform, shall not affect Lender’s right to declare a default and exercise its remedies.

Appears in 40 contracts

Samples: Commercial Security Agreement (Wayside Technology Group, Inc.), Commercial Security Agreement (Dolphin Entertainment, Inc.), Securlty Agreement (Hickok Inc)

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Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s 's rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after Grantor’s 's failure to perform, shall not affect Lender’s 's right to declare a default and exercise its remedies.

Appears in 29 contracts

Samples: Commercial Security Agreement (ERBA Diagnostics, Inc.), Security Agreement (Eaco Corp), Security Agreement (Applied Optoelectronics, Inc.)

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s 's rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender Xxxxxx to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after Grantor’s Xxxxxxx's failure to perform, shall not affect Lender’s Xxxxxx's right to declare a default and exercise its remedies.

Appears in 16 contracts

Samples: Security Agreement (Arts Way Manufacturing Co Inc), Commercial Pledge Agreement (Utg Inc), Commercial Pledge Agreement (LSB Industries Inc)

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s 's rights and remedies, whether evidenced by this Agreement, the Related Documents, Agreement or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall remedx xxxxl not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after Grantor’s 's failure to performperfxxx, shall xxall not affect Lender’s 's right to declare a x default and exercise its remedies.

Appears in 3 contracts

Samples: American Consumers Inc, American Consumers Inc, American Consumers Inc

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s 's rights and remedies, whether evidenced by this Security Agreement, the Related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Security Agreement, after Grantor’s 's failure to perform, shall not affect Lender’s 's right to declare a default and exercise its remedies.

Appears in 2 contracts

Samples: Security Agreement (Heron Lake BioEnergy, LLC), Security Agreement (Heron Lake BioEnergy, LLC)

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s 's rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after Grantor’s 's failure to perform, shall not affect Lender’s 's right to declare a default an Event of Default and exercise its remedies.

Appears in 2 contracts

Samples: Continuing General Security Agreement (Cpi Aerostructures Inc), Continuing General Security Agreement (Cpi Aerostructures Inc)

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after Grantor’s failure to perform, shall not affect Lender’s right to declare a default an Event of Default and exercise its remedies.

Appears in 2 contracts

Samples: Security Agreement (Advanced Life Sciences Holdings, Inc.), Commercial Security Agreement (Advanced Life Sciences Holdings, Inc.)

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor Grantors under this Agreement, after Grantor’s Grantors’ failure to perform, shall not affect Lender’s right to declare a default and exercise its remedies.

Appears in 2 contracts

Samples: Commercial Pledge Agreement (Shepherd's Finance, LLC), Commercial Pledge Agreement (Shepherd's Finance, LLC)

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after Grantor’s failure to perform, shall not affect Lender’s right to declare a default and exercise its remedies.. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement:

Appears in 2 contracts

Samples: Commercial Security Agreement (Vertical Health Solutions Inc), Security Agreement (Super Micro Computer, Inc.)

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s 's rights and remedies, whether evidenced by this Agreement, the Related Documentsany related documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor Borrower under this the Agreement, after Grantor’s Borrowers failure to perform, shall not affect Lender’s Lenders right to declare a default and exercise its remedies.

Appears in 2 contracts

Samples: Business Loan and Security Agreement (Vapor Hub International Inc.), Security Agreement (Vapor Hub International Inc.)

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after Grantor’s failure to perform, shall not affect Lender’s right to declare a default and exercise its remedies.

Appears in 2 contracts

Samples: Commercial Security Agreement (Miscor Group, Ltd.), Commercial Security Agreement (Miscor Group, Ltd.)

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s rights and remedies, whether evidenced by this Agreement, the Related Documents, Agreement or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after Grantor’s failure to perform, shall not affect Lender’s right to declare a default and exercise its remedies.

Appears in 1 contract

Samples: Agreement (Gateway Trade Center Inc.)

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s rights and remedies, whether evidenced by this Agreement, the Related Documentsany related documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor Borrower under this the Agreement, after GrantorBorrower’s failure to perform, shall not affect Lender’s right to declare a default and exercise its remedies.

Appears in 1 contract

Samples: Business Loan and Security Agreement (Applied Minerals, Inc.)

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, writing shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after Grantor’s failure to perform, shall not affect Lender’s right to declare a default and exercise its remedies.

Appears in 1 contract

Samples: Security Agreement (Dynamic Health Products Inc)

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after Grantor’s failure to perform, shall not affect Lender’s right to declare a default and end exercise its remedies.

Appears in 1 contract

Samples: Business Loan Agreement (Broadway Financial Corp \De\)

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s rights and remedies, whether evidenced by this Agreement, the Related related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after Grantor’s failure to perform, shall not affect Lender’s right to declare a default and exercise its remedies.

Appears in 1 contract

Samples: Commercial Pledge Agreement (Houston Post Oak Partners LTD)

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s 's rights and remedies, whether evidenced by this Agreement, the Related Documents, Agreement or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall will not exclude pursuit of bar any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after Grantor’s 's failure to perform, shall not affect Lender’s 's right to declare a default and exercise its remedies.

Appears in 1 contract

Samples: Business Loan Agreement (Large Scale Biology Corp)

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor Granter under this Agreement, after Grantor’s failure to perform, shall not affect Lender’s right to declare a default and exercise its remedies.

Appears in 1 contract

Samples: Business Loan Agreement (Landmark Bancorp Inc)

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s 's rights . and remedies, whether evidenced by this AgreementAgreement , the Related Documentsany related documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedyremedy , and an election to make expenditures or to take action to perform an obligation of Grantor Borrower under this Agreementthe Agreement , after Grantor’s Borrower's failure to perform, shall not affect Lender’s 's right to declare a default and exercise its remedies.

Appears in 1 contract

Samples: Loan and Security Agreement (VirtualArmour International Inc.)

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s rights and remedies, whether evidenced by this Agreement, the Related Documentsany related documents, or by any other writing, shall will be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall will not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor Borrower under this the Agreement, after GrantorBorrower’s failure to perform, shall will not affect Lender’s right to declare a default and exercise its remedies.

Appears in 1 contract

Samples: Loan Agreement

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s 's rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after Grantor’s 's failure to perform, shall not affect Lender’s 's right to declare a default and exercise its remediesan Event of Default.

Appears in 1 contract

Samples: Loan Agreement (Female Health Co)

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after Grantor’s failure to perform, shall not affect Lender’s right to declare a default and exercise its remedies.

Appears in 1 contract

Samples: Sale Leaseback Agreement (Entertainment Games, Inc.)

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s 's rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor Borrowers under this Agreement, after Grantor’s Borrowers' failure to perform, shall not affect Lender’s 's right to declare a default and exercise its remedies.

Appears in 1 contract

Samples: Loan and Security Agreement (Telanetix,Inc)

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor Borrowers under this Agreement, after Grantor’s Borrowers' failure to perform, shall not affect Lender’s right to declare a default and exercise its remedies.

Appears in 1 contract

Samples: Security Agreement (Telanetix,Inc)

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s 's rights and remedies, whether evidenced by this Agreement, the Related Documentsany related documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor Borrower under this the Agreement, after Grantor’s Borrower's failure to perform, shall not affect Lender’s 's right to declare a default and exercise its remedies.

Appears in 1 contract

Samples: Loan and Security Agreement (Epazz Inc)

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Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s 's rights and remedies, whether evidenced by this Agreement, the Related Loan Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after Grantor’s 's failure to perform, shall not affect Lender’s 's right to declare a default and exercise its remedies.

Appears in 1 contract

Samples: Aircraft Assets Security Agreement (Air T Inc)

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s 's rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after Grantor’s 's failure to perform, shall not affect Lender’s 's right to declare a default and exercise its remedies.

Appears in 1 contract

Samples: Commercial Security Agreement (Paneltech International Holdings, Inc.)

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by COMMERCIAL SECURITY AGREEMENT Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after Grantor’s failure to perform, shall not affect Lender’s right to declare a default and exercise its remedies.

Appears in 1 contract

Samples: Security Agreement (Rocky Mountain Chocolate Factory Inc)

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform per form an obligation of Grantor under this Agreement, after GrantorGrantor ’s failure to perform, shall not affect LenderLender ’s right r ight to declare a default and exercise its remedies.

Appears in 1 contract

Samples: Security Agreement (Shells Seafood Restaurants Inc)

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s 's rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor Borrower under this Agreement, Agreement after Grantor’s Borrower's failure to perform, perform shall not affect Lender’s 's right to declare a default and exercise its remedies.

Appears in 1 contract

Samples: Security Agreement (Loyaltypoint Inc)

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after Grantor’s failure to perform, shall not affect effect Lender’s right to declare a default and exercise its remedies.

Appears in 1 contract

Samples: Commercial Security Agreement (Broadview Institute Inc)

Election of Remedies. Except as may be prohibited by applicable law-law, all of Lender’s 's rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after Grantor’s 's failure to perform, shall not affect Lender’s 's right to declare a default and exercise its remedies.

Appears in 1 contract

Samples: Commercial Security Agreement (Amexdrug Corp)

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s 's rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor Grantors under this Agreement, after Grantor’s Grantors’ failure to perform, shall not affect Lender’s 's right to declare a default and exercise its remedies.. COMMERCIAL SECURITY AGREEMENT

Appears in 1 contract

Samples: Commercial Security Agreement (Sports Field Holdings, Inc.)

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor Borrower under this Agreement, after GrantorBorrower’s failure to perform, shall not affect Lender’s right to declare a default and exercise its remedies.. (revised 12/1/08)

Appears in 1 contract

Samples: Security Agreement (CarePayment Technologies, Inc.)

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s 's rights and remedies, whether evidenced by this Agreement, the Related Documentsany related documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor Borrower under this the Agreement, after Grantor’s Borrower's failure to perform, shall not affect Lender’s Lenders right to declare a default and exercise its remedies.

Appears in 1 contract

Samples: Security Agreement (Vapor Hub International Inc.)

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor Borrower under this Agreement, after GrantorBorrower’s failure to perform, shall not affect Lender’s right to declare a default and exercise its remedies.

Appears in 1 contract

Samples: Commercial Security Agreement (Microhelix Inc)

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, ; after Grantor’s failure to perform, shall not affect Lender’s right to declare a default and exercise its remedies.

Appears in 1 contract

Samples: Commercial Security Agreement (Sterion Inc)

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s 's rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall will not exclude pursuit of bar any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after Grantor’s 's failure to perform, shall not affect Lender’s 's right to declare a default and exercise its remedies.

Appears in 1 contract

Samples: Acknowledgement and Agreement (Genitope Corp)

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s 's rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after Grantor’s 's failure to perform, shall not affect Lender’s Lenders right to declare a default and exercise its remedies.

Appears in 1 contract

Samples: Security Agreement (Rocky Mountain Chocolate Factory Inc)

Election of Remedies. Except as may be prohibited by applicable law, all of Lender’s 's rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after Grantor’s 's failure to perform, shall not affect Lender’s 's right to declare a default and exercise its as remedies.

Appears in 1 contract

Samples: Commercial Pledge and Security Agreement (Bj Chicago LLC)

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