EXERCISE OF RIGHTS OR REMEDIES Sample Clauses

EXERCISE OF RIGHTS OR REMEDIES. Failure of either party to exercise any rights or remedies under this AGREEMENT shall not be a waiver of any obligation by either party and shall not prevent either party from pursuing that right at any future time.
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EXERCISE OF RIGHTS OR REMEDIES. All rights, remedies, and recourse afforded the parties hereto in the Credit Agreement, Note, Mortgage, or otherwise available at law or in equity, including specifically those granted by the Uniform Commercial Code in effect in the State of Minnesota are incorporated herein by references and: (a) shall be deemed cumulative and concurrent; (b) may be pursued separately, successively, or concurrently against Borrower or anyone else obligated hereunder, or against the Real Property, or against any one or more of them, at the sole discretion of Agent; (c) may be exercised as often as the occasion therefore shall arise, it being understood by the Borrower that the exercise, failure to exercise, or election not to exercise any of the same shall in no event be construed as a waiver of same or of any other right, remedy, or recourse available to Agent; and (d) are intended to be, and shall, be nonexclusive.
Sample 1
EXERCISE OF RIGHTS OR REMEDIES. All rights, remedies, and recourse afforded the parties hereto in the Loan Agreement, First Supplement, Note, Mortgage, or otherwise available at law or in equity, including specifically those granted by the Uniform Commercial Code in effect in the State of Iowa are incorporated herein by references and: (a) shall be deemed cumulative and concurrent; (b) may be pursued separately, successively, or concurrently against Borrower or anyone else obligated hereunder, or against the Real Property, or against any one or more of them, at the sole discretion of Lender; (c) may be exercised as often as the occasion therefore shall arise, it being understood by the Borrower that the exercise, failure to exercise, or election not to exercise any of the same shall in no event be construed as a waiver of same or of any other right, remedy, or recourse available to Lender; and (d) are intended to be, and shall, be nonexclusive.
Sample 1
EXERCISE OF RIGHTS OR REMEDIES. All rights, remedies, and recourse afforded the Parties hereto in the AgStar Loan Agreement, the CDC Loan Agreement, the First Supplement, the Notes, the Mortgages, the Lease Agreement, or otherwise available at law or in equity, including specifically those granted by the Uniform Commercial Code in effect in the State of Minnesota are incorporated herein by references and: (a) shall be deemed cumulative and concurrent; (b) may be pursued separately, successively, or concurrently against Borrower or anyone else obligated hereunder or against the Real Property or against any one or more party, at the sole discretion of each Party subject to the ICA; (c) may be exercised as often as the occasion therefore shall arise, it being understood by the Borrower that the exercise, failure to exercise or election not to exercise any of the same shall in no event be construed as a waiver of same or of any other right, remedy, or recourse available to any Party; and (d) are intended to be and shall be nonexclusive.
Sample 1

Related to EXERCISE OF RIGHTS OR REMEDIES

  • Exercise of Rights No failure or delay on the part of any party to exercise any right, power or privilege under this Agreement and no course of dealing between the Seller and the Purchaser shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege under this Agreement preclude any other or further exercise thereof or the exercise of any other right, power or privilege. Except as set forth in Section 6(h) of this Agreement, the rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which any party would otherwise have pursuant to law or equity. No notice to or demand on any party in any case shall entitle such party to any other or further notice or demand in similar or other circumstances, or constitute a waiver of the right of either party to any other or further action in any circumstances without notice or demand.

  • Exercise of Remedies (a) So long as the Discharge of Senior Lender Claims has not occurred, whether or not any Insolvency or Liquidation Proceeding has been commenced by or against the Company or any other Grantor, (i) no Second-Priority Agent or any Second-Priority Secured Party will (x) exercise or seek to exercise any rights or remedies (including setoff) with respect to any Common Collateral in respect of any applicable Second-Priority Claims, institute any action or proceeding with respect to such rights or remedies (including any action of foreclosure), (y) contest, protest or object to any foreclosure proceeding or action brought with respect to the Common Collateral by the Intercreditor Agent or any Senior Lender in respect of the Senior Lender Claims, the exercise of any right by the Intercreditor Agent or any Senior Lender (or any agent or sub-agent on their behalf) in respect of the Senior Lender Claims under any lockbox agreement, control agreement, landlord waiver or bailee’s letter or similar agreement or arrangement to which any Second-Priority Agent or any Second-Priority Secured Party either is a party or may have rights as a third party beneficiary, or any other exercise by any such party, of any rights and remedies relating to the Common Collateral under the Senior Lender Documents or otherwise in respect of Senior Lender Claims, or (z) object to the forbearance by the Senior Lenders from bringing or pursuing any foreclosure proceeding or action or any other exercise of any rights or remedies relating to the Common Collateral in respect of Senior Lender Claims and (ii) except as otherwise provided herein, the Intercreditor Agent and the Senior Lenders shall have the exclusive right to enforce rights, exercise remedies (including setoff and the right to credit bid their debt) and make determinations regarding the release, disposition or restrictions with respect to the Common Collateral without any consultation with or the consent of any Second-Priority Agent or any Second-Priority Secured Party; provided, however, that (A) in any Insolvency or Liquidation Proceeding commenced by or against the Company or any other Grantor, each Second-Priority Agent may file a claim or statement of interest with respect to the applicable Second-Priority Claims and (B) each Second-Priority Agent may take any action (not adverse to the prior Liens on the Common Collateral securing the Senior Lender Claims, or the rights of the Intercreditor Agent or the Senior Lenders to exercise remedies in respect thereof) in order to create, prove, perfect, preserve or protect (but not enforce) its rights in, and perfection and priority of its Lien on, the Common Collateral. In exercising rights and remedies with respect to the Senior Lender Collateral, the Intercreditor Agent and the Senior Lenders may enforce the provisions of the Senior Lender Documents and exercise remedies thereunder, all in such order and in such manner as they may determine in the exercise of their sole discretion. Such exercise and enforcement shall include the rights of an agent appointed by them to sell or otherwise dispose of Common Collateral upon foreclosure, to incur expenses in connection with such sale or disposition, and to exercise all the rights and remedies of a secured lender under the Uniform Commercial Code of any applicable jurisdiction and of a secured creditor under Bankruptcy Laws of any applicable jurisdiction.

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