Common use of Nature of Remedies Clause in Contracts

Nature of Remedies. All Obligations of Borrower and rights of Agent and Lenders expressed herein or in any other Loan Document shall be in addition to and not in limitation of those provided by applicable law. No failure to exercise and no delay in exercising, on the part of Agent or any Lender, any right, remedy, power or privilege hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 41 contracts

Samples: Credit Agreement (Biolase, Inc), Credit Agreement (Acer Therapeutics Inc.), Credit Agreement (Acer Therapeutics Inc.)

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Nature of Remedies. All Obligations of Borrower and rights of Agent and Lenders Lender expressed herein or in any other Loan Document shall be in addition to and not in limitation of those provided by applicable law. No failure to exercise and no delay in exercising, on the part of Agent or any Lender, any right, remedy, power or privilege hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 12 contracts

Samples: Term Loan and Revolving Credit Agreement (Byline Bancorp, Inc.), Revolving Credit Agreement (Byline Bancorp, Inc.), Credit Agreement (ReShape Lifesciences Inc.)

Nature of Remedies. All Obligations of Borrower the Loan Parties and rights of Administrative Agent and the Lenders expressed herein or in any other Loan Document shall be in addition to and not in limitation of those provided by applicable law. No failure to exercise and no delay in exercising, on the part of Administrative Agent or any Lender, any right, remedy, power or privilege hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 12 contracts

Samples: Credit Agreement (Infrastructure & Energy Alternatives, Inc.), Credit Agreement (Xponential Fitness, Inc.), Credit Agreement (Primoris Services Corp)

Nature of Remedies. All Obligations of Borrower Borrowers and rights of Agent and Lenders expressed herein or in any other Loan Document shall be in addition to and not in limitation of those provided by applicable law. No failure to exercise and no delay in exercising, on the part of Agent or any Lender, any right, remedy, power or privilege hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 5 contracts

Samples: Second Lien Credit Agreement (Performance Health Holdings Corp.), Credit Agreement (Performance Health Holdings Corp.), Second Lien Credit Agreement (Performance Health Holdings Corp.)

Nature of Remedies. All Obligations of Borrower and rights of Agent and Lenders the Lender expressed herein or in any other Loan Document shall be in addition to and not in limitation of those provided by applicable law. No failure to exercise and no delay in exercising, on the part of Agent or any the Lender, any right, remedy, power or privilege hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 5 contracts

Samples: Credit Agreement (Merus Labs International Inc.), Credit Agreement (PDL Biopharma, Inc.), Credit Agreement (Merus Labs International Inc.)

Nature of Remedies. All Obligations of the Borrower and rights of the Agent and Lenders the Lender expressed herein or in any other Loan Document shall be in addition to and not in limitation of those provided by applicable lawApplicable Law. No failure to exercise and no delay in exercising, on the part of the Agent or any the Lender, any right, remedy, power or privilege hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 4 contracts

Samples: Credit Agreement (Avinger Inc), Credit Agreement (Avinger Inc), Credit Agreement (PDL Biopharma, Inc.)

Nature of Remedies. All Obligations of Borrower each Loan Party and rights of Agent and Lenders expressed herein or in any other Loan Document shall be in addition to and not in limitation of those provided by applicable law. No failure to exercise and no delay in exercising, on the part of Agent or any Lender, any right, remedy, power or privilege hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 4 contracts

Samples: Credit Agreement (SWK Holdings Corp), Credit Agreement (Parnell Pharmaceuticals Holdings Pty LTD), Credit Agreement (Parnell Pharmaceuticals Holdings Pty LTD)

Nature of Remedies. All Obligations of Borrower the Loan Parties and rights of the Administrative Agent and the Lenders expressed herein or in any other Loan Document shall be in addition to and not in limitation of those provided by applicable law. No failure to exercise and no delay in exercising, on the part of the Administrative Agent or any Lender, any right, remedy, power or privilege hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 4 contracts

Samples: Credit Agreement (Russ Berrie & Co Inc), Credit Agreement (Russ Berrie & Co Inc), Credit Agreement (Russ Berrie & Co Inc)

Nature of Remedies. All Obligations of Borrower the Loan Parties and rights of Agent and the Lenders expressed herein or in any other Loan Document shall be in addition to and not in limitation of those provided by applicable lawApplicable Law. No failure to exercise and no delay in exercising, on the part of Agent or any Lender, any right, remedy, power or privilege hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 3 contracts

Samples: Credit Agreement (A-Mark Precious Metals, Inc.), Credit Agreement (Greenlight Capital Re, Ltd.), Credit Agreement (A-Mark Precious Metals, Inc.)

Nature of Remedies. All Secured Obligations of Borrower each Grantor and rights of Agent and Lenders expressed herein or in any other Loan Document shall be in addition to and not in limitation of those provided by applicable law. No failure to exercise and no delay in exercising, on the part of Agent or any LenderLenders, any right, remedy, power or privilege hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 3 contracts

Samples: Guaranty and Security Agreement (Cytomedix Inc), Guaranty and Security Agreement (Alphatec Holdings, Inc.), Guaranty and Security Agreement (Infinity Pharmaceuticals, Inc.)

Nature of Remedies. All Obligations of Borrower the Company and rights of Agent and the Lenders expressed herein or in any other Loan Document shall be in addition to and not in limitation of those provided by applicable lawLaw. No failure to exercise and no delay in exercising, on the part of Agent the Required Lenders or any Lender, any right, remedy, power or privilege hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 3 contracts

Samples: Credit Agreement (NeueHealth, Inc.), Credit Agreement (Bright Health Group Inc.), Credit Agreement (Bright Health Group Inc.)

Nature of Remedies. All Obligations of Borrower and Co-Borrower and rights of Agent and Lenders Lender expressed herein or in any other Loan Document shall be in addition to and not in limitation of those provided by applicable law. No failure to exercise and no delay in exercising, on the part of Agent or any Lender, any right, remedy, power or privilege hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 2 contracts

Samples: Credit Agreement (5.11 Abr Corp.), Credit Agreement (Fox Factory Holding Corp)

Nature of Remedies. All Obligations of Borrower the Borrowers and rights of the Agent and the Lenders expressed herein or in any other Loan Document shall be in addition to and not in limitation of those provided by applicable law. No failure to exercise and no delay in exercising, on the part of the Agent or any Lender, any right, remedy, power or privilege hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 2 contracts

Samples: Term Loan Agreement (Sentio Healthcare Properties Inc), Term Loan Agreement (Tandem Health Care, Inc.)

Nature of Remedies. All Obligations of the Borrower and rights of Agent and Lenders the Lender expressed herein or in any other Loan Document shall be in addition to and not in limitation of those provided by applicable law. No failure to exercise and no delay in exercising, on the part of Agent or any the Lender, any right, remedy, power or privilege hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 2 contracts

Samples: Revolving Note and Credit Agreement Modification Agreement (International Baler Corp), Credit Agreement (Janel Corp)

Nature of Remedies. All Obligations of Borrower the Loan Parties and rights of Agent and Lenders each Lender expressed herein or in any other Loan Document shall be in addition to and not in limitation of those provided by applicable law. No failure to exercise and no delay in exercising, on the part of Agent or any Lender, any right, remedy, power or privilege hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 2 contracts

Samples: Credit Agreement (Winmark Corp), Revolving Credit Agreement (Winmark Corp)

Nature of Remedies. All Obligations of Borrower the Borrowers and rights of the Agent and Lenders the Lender expressed herein or in any other Loan Document shall be in addition to and not in limitation of those provided by applicable lawApplicable Law. No failure to exercise and no delay in exercising, on the part of the Agent or any the Lender, any right, remedy, power or privilege hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Credit Agreement (Durata Therapeutics, Inc.)

Nature of Remedies. All Obligations of Borrower Borrowers and rights of Administrative Agent and Lenders expressed herein or in any other Loan Document shall be in addition to and not in limitation of those provided by applicable law. No failure to exercise and no delay in exercising, on the part of Administrative Agent or any Lender, any right, remedy, power or privilege hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Credit Agreement (Focus Venture Partners, Inc)

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Nature of Remedies. All Obligations of Borrower the Company and rights of Agent and Lenders the Lender expressed herein or in any other Loan Document shall be in addition to and not in limitation of those provided by applicable law. No failure to exercise and no delay in exercising, on the part of Agent or any the Lender, any right, remedy, power or privilege hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Credit Agreement (Meadowbrook Insurance Group Inc)

Nature of Remedies. All Obligations of Borrower each Grantor and rights of the Agent and the Lenders expressed herein or in any other Loan Document shall be in addition to and not in limitation of those provided by applicable law. No failure to exercise and no delay in exercising, on the part of the Agent or any Lender, any right, remedy, power or privilege hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Security Agreement (McBc Holdings, Inc.)

Nature of Remedies. All Obligations of Borrower and rights of Second Lien Agent and Lenders expressed herein or in any other Loan Document shall be in addition to and not in limitation of those provided by applicable law. No failure to exercise and no delay in exercising, on the part of Second Lien Agent or any Lender, any right, remedy, power or privilege hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Second Lien Credit Agreement (AmWINS GROUP INC)

Nature of Remedies. All Obligations of Borrower the Related Parties and rights of the Agent and the Lenders expressed herein or in any other Loan Document shall be in addition to and not in limitation of those provided by applicable law. No failure to exercise and no delay in exercising, on the part of the Agent or any Lender, any right, remedy, power or privilege hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Credit Agreement (Ptek Holdings Inc)

Nature of Remedies. All Borrower Obligations of Borrower and rights of Agent and Lenders expressed herein or in any other Loan Transaction Document shall be in addition to and not in limitation of those provided by applicable law. No failure to exercise and no delay in exercising, on the part of Agent or any LenderLenders, any right, remedy, power or privilege hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Security Agreement (IMRIS Inc.)

Nature of Remedies. All Obligations of Borrower the Loan Parties and rights of the Agent and Lenders expressed herein or in any other Loan Document shall be in addition to and not in limitation of those provided by applicable lawApplicable Law. No failure to exercise and no delay in exercising, on the part of the Agent or any Lender, any right, remedy, power or privilege hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Loan and Security Agreement (Mammoth Energy Services, Inc.)

Nature of Remedies. All Obligations of Borrower the Loan Parties and rights of the Agent and Lenders the Lender expressed herein or in any other Loan Document shall be in addition to and not in limitation of those provided by applicable lawApplicable Law. No failure to exercise and no delay in exercising, on the part of the Agent or any the Lender, any right, remedy, power or privilege hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Credit Agreement (CareView Communications Inc)

Nature of Remedies. All Obligations of the Borrower and the other Loan Parties and rights of the Administrative Agent and the Lenders expressed herein or in any other Loan Document shall be in addition to and not in limitation of those provided by applicable law. No failure to exercise and no delay in exercising, on the part of the Administrative Agent or any Lender, any right, remedy, power or privilege hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Credit Agreement (Russ Berrie & Co Inc)

Nature of Remedies. All Obligations of Borrower and rights of Agent and Lenders Lender expressed herein or in any other Loan Document shall be in addition to and not in limitation of those provided by applicable lawApplicable Law. No failure to exercise and no delay in exercising, on the part of Agent or any Lender, any right, remedy, power or privilege hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Credit Agreement (Greenlight Capital Re, Ltd.)

Nature of Remedies. All Obligations of Borrower the Borrowers and rights of Agent and Lenders the Lender expressed herein or in any other Loan Document shall be in addition to and not in limitation of those provided by applicable law. No failure to exercise and no delay in exercising, on the part of Agent or any the Lender, any right, remedy, power or privilege hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Credit Agreement (Westell Technologies Inc)

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