Common use of Nonexclusive Nature of Remedies Clause in Contracts

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other documents relating to the Secured Obligations, or as provided by law, or any delay by the Administrative Agent or the Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that the Administrative Agent or the Secured Parties may have.

Appears in 15 contracts

Samples: Security Agreement (Venus Concept Inc.), Security Agreement (Providence Service Corp), Security Agreement (Amedisys Inc)

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Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the other Secured Parties to exercise any right, remedy or option under this Security Pledge Agreement, any other Loan Document, any other documents relating to the Secured Obligations, Credit Document or as provided by law, or any delay by the Administrative Collateral Agent or the other Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Collateral Agent or the other Secured Parties shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Collateral Agent, the other Secured Parties, nor any party acting as attorney for the Administrative Collateral Agent or the other Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder, as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Administrative Collateral Agent and the other Secured Parties under this Security Pledge Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Collateral Agent or the other Secured Parties may have.

Appears in 4 contracts

Samples: Security Agreement (Chiquita Brands International Inc), Security Agreement (Chiquita Brands International Inc), Security Agreement (Chiquita Brands International Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent Secured Party or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other documents document relating to the Secured Obligations, or as provided by lawLaw, or any delay by the Administrative Agent Secured Party or the Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent Secured Party or the Secured Parties shall only be granted as provided herein. To the extent permitted by lawLaw, neither the Administrative AgentSecured Party, the Secured Parties, nor any party acting as attorney for the Administrative Agent Secured Party or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunderhereunder as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Administrative Agent Secured Party and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Agent Secured Party or the Secured Parties may have.

Appears in 4 contracts

Samples: Amended and Restated Security Agreement (Air T Inc), Amended and Restated Security Agreement (Air T Inc), Security Agreement (Air T Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the other Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other documents relating to the Secured Obligations, Credit Document or as provided by law, or any delay by the Administrative Collateral Agent or the other Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Collateral Agent or the other Secured Parties shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Collateral Agent, the other Secured Parties, nor any party acting as attorney for the Administrative Collateral Agent or the other Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder, as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Administrative Collateral Agent and the other Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Collateral Agent or the other Secured Parties may have.

Appears in 4 contracts

Samples: Security Agreement (Chiquita Brands International Inc), Security Agreement (Chiquita Brands International Inc), Security Agreement (Chiquita Brands International Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other documents document relating to the Secured Obligations, or as provided by lawLaw, or any delay by the Administrative Agent or the Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by lawLaw, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence negligence, bad faith or willful misconduct hereunderhereunder as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Administrative Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Agent or the Secured Parties may have.

Appears in 3 contracts

Samples: Security and Pledge Agreement (TopBuild Corp), Security and Pledge Agreement (TopBuild Corp), Security and Pledge Agreement (TopBuild Corp)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other documents relating to Secured Hedge Agreement and/or the documentation governing any Cash Management Obligation between any Obligor and any Secured ObligationsParty, or as provided by law, or any delay by the Administrative Agent or the Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by law, neither none of the Administrative Agent, the Secured Parties, nor Parties and any party acting as attorney for the Administrative Agent or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent Agents and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Agent or the Secured Parties may have.

Appears in 3 contracts

Samples: Credit Agreement (IASIS Healthcare LLC), Credit Agreement (IASIS Healthcare LLC), Revolving Credit Agreement (IASIS Healthcare LLC)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Credit Document, any other documents relating to the Secured Obligations, Hedging Agreement or as provided by law, or any delay by the Administrative Agent or the Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Agent or the Secured Parties may have.

Appears in 3 contracts

Samples: Security Agreement (Pantry Inc), Security Agreement (Pantry Inc), Security Agreement (Pantry Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent Lender or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other documents document relating to the Secured Obligations, or as provided by lawLaw, or any delay by the Administrative Agent Lender or the Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent Lender or the Secured Parties shall only be granted as provided herein. To the extent permitted by lawLaw, neither the Administrative AgentLender, the Secured Parties, nor any party acting as attorney for the Administrative Agent Lender or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunderhereunder as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Administrative Agent Lender and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Agent Lender or the Secured Parties may have.

Appears in 2 contracts

Samples: Security and Pledge Agreement (AstroNova, Inc.), Security and Pledge Agreement (AstroNova, Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other documents document relating to the Secured Obligations, or as provided by lawLaw, or any delay by the Administrative Agent or the Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by lawLaw, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunderhereunder as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Administrative Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Agent or the Secured Parties may have.

Appears in 2 contracts

Samples: Security Agreement (3d Systems Corp), Security Agreement (Monster Worldwide, Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other documents relating to the Secured Obligations, or as provided by lawLaw, or any delay by the Administrative Agent or the Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by lawLaw, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law Law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that the Administrative Agent or the Secured Parties may have.

Appears in 2 contracts

Samples: Security Agreement (Louisiana-Pacific Corp), Security Agreement (Louisiana-Pacific Corp)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Secured Credit Document, any other documents relating to the Secured Obligations, or as provided by law, or any delay by the Administrative Collateral Agent or the Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Collateral Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Collateral Agent, the Secured PartiesParties (other than the Initial Borrower), nor any party acting as attorney for the Administrative Collateral Agent or the such Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder, as finally determined by a court of competent jurisdiction. The rights and remedies of the Administrative Collateral Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Collateral Agent or the Secured Parties may have.

Appears in 2 contracts

Samples: Amended Security Agreement (Capitalsource Inc), Security Agreement (Capitalsource Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other documents document relating to the Secured Obligations, or as provided by law, or any delay by the Administrative Agent or the Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their bad faith, gross negligence or willful misconduct hereunder, as determined by a court of competent jurisdiction by final and non-appealable judgment. The rights and remedies of the Administrative Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that the Administrative Agent or the Secured Parties may have.

Appears in 2 contracts

Samples: Security Agreement (Recro Pharma, Inc.), Security Agreement (Kala Pharmaceuticals, Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the any Secured Parties Party to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other documents document relating to the Secured Obligations, or as provided by lawapplicable Law, or any delay by the Administrative Agent or the any Secured Parties Party in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by lawapplicable Law, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Agent or the Secured Parties may have.

Appears in 2 contracts

Samples: Credit Agreement (Mohawk Industries Inc), Credit Agreement (Mohawk Industries Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Transaction Document, any other documents relating to the Secured Obligations, or as provided by law, or any delay by the Administrative Collateral Agent or the Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Collateral Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Collateral Agent, the Secured Parties, nor any party acting as attorney for the Administrative Collateral Agent or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Collateral Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that the Administrative Collateral Agent or the Secured Parties may have.

Appears in 2 contracts

Samples: Guaranty and Security Agreement (Venus Concept Inc.), Guaranty and Security Agreement (Venus Concept Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties Lenders to exercise any right, remedy or option under this Security Agreement, any other Loan Credit Document, any other documents relating to Swap Contract between any Credit Party and any Lender in connection with the Secured Obligations, Loans or as provided by law, or any delay by the Administrative Agent or the Secured Parties Lenders in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the Secured Parties Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the Secured PartiesLenders, nor any party acting as attorney for the Administrative Agent or the Secured PartiesLenders, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the Secured Parties Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Agent or the Secured Parties Lenders may have.

Appears in 2 contracts

Samples: Credit Agreement (Omega Healthcare Investors Inc), Security Agreement (Omega Healthcare Investors Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or any other holder of the Secured Parties Obligations to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other documents document relating to the Secured Obligations, or as provided by law, or any delay by the Administrative Collateral Agent or any other holder of the Secured Parties Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Collateral Agent or any other holder of the Secured Parties Obligations shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Collateral Agent, any other holder of the Secured Parties, Obligations nor any party acting as attorney for the Administrative Agent or the Secured Partiesany such Person, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Collateral Agent and the other Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that the Administrative Agent or the Secured Parties which any such Person may have.

Appears in 2 contracts

Samples: Assignment and Assumption (Trinet Group Inc), Credit Agreement (Trinet Group Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the any Secured Parties Party to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other documents document relating to the Secured Obligations, or as provided by lawLaw, or any delay by the Administrative Agent or the any Secured Parties Party in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by lawapplicable Law, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Agent or the Secured Parties may have.

Appears in 2 contracts

Samples: Credit Agreement (Mohawk Industries Inc), Credit Agreement (Mohawk Industries Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other documents document relating to the Secured Obligations, or as provided by lawLaw, or any delay by the Administrative Agent or the Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by lawLaw, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Agent or the Secured Parties may have.

Appears in 2 contracts

Samples: Security and Pledge Agreement (Lydall Inc /De/), Credit Agreement (Fleetcor Technologies Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties Lenders to exercise any right, remedy or option under this Security Agreement, any other Loan Credit Document, any other documents relating to Hedging Agreement between any Credit Party and any Lender in connection with the Secured Obligations, Loans or as provided by law, or any delay by the Administrative Agent or the Secured Parties Lenders in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the Secured Parties Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the Secured PartiesLenders, nor any party acting as attorney for the Administrative Agent or the Secured PartiesLenders, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the Secured Parties Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Agent or the Secured Parties Lenders may have.

Appears in 1 contract

Samples: Security Agreement (PRG Schultz International Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the any Secured Parties Party to exercise any right, remedy or option under this Security Agreement, any other Loan Credit Document, any other documents relating to the Secured Obligations, Hedging Agreement or as provided by law, or any delay by the Administrative Collateral Agent or the any Secured Parties Party in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Collateral Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Collateral Agent, the nor any Secured PartiesParty, nor any party acting as attorney for the Administrative Collateral Agent or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Collateral Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Collateral Agent or the Secured Parties may have.

Appears in 1 contract

Samples: Security Agreement (Rock-Tenn CO)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other documents document relating to the Secured Obligations, or as provided by lawLaw, or any delay by the Administrative Agent or the Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by lawLaw, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunderhereunder as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Administrative Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Agent or the Secured Parties may have.

Appears in 1 contract

Samples: Security and Pledge Agreement (Wausau Paper Corp.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the any Secured Parties Party to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other documents document relating to the Secured Obligations, or as provided by lawapplicable Law, or any delay by the Administrative Agent or the any Secured Parties Party in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by lawapplicable Law, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Agent or the Secured Parties may have.. (e)

Appears in 1 contract

Samples: Credit Agreement (COMMERCIAL METALS Co)

Nonexclusive Nature of Remedies. Failure by the Joint Administrative Agent or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other documents document relating to the Secured Obligations, or as provided by lawLaw, or any delay by the Joint Administrative Agent or the Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Joint Administrative Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by lawLaw, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Joint Administrative Agent or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunderhereunder as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Joint Administrative Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Joint Administrative Agent or the Secured Parties may have.

Appears in 1 contract

Samples: Security and Pledge Agreement (Green Plains Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other documents document relating to the Secured Obligations, or as provided by law, or any delay by the Administrative Agent or the Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder, as determined by a court of competent jurisdiction by final and non-appealable judgment. The rights and remedies of the Administrative Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that the Administrative Agent or the Secured Parties may have.

Appears in 1 contract

Samples: Security and Pledge Agreement (AeroVironment Inc)

Nonexclusive Nature of Remedies. Failure The failure by the Administrative Agent or the Secured Parties Lenders to exercise any right, remedy or option under this Security Agreement, any other Loan Credit Document, any other documents relating to the Secured Obligations, Swap Agreement or as provided by lawapplicable Laws, or any delay by the Administrative Agent or the Secured Parties Lenders in exercising the same, shall not operate as a waiver of any such right, remedy or option. Without limitation to the forgoing, each of the Obligors acknowledges that it is not a beneficiary of, has no right to require the Administrative Agent or any other Secured Party to enforce, any Repurchase Agreement. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the other Secured Parties shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the other Secured Parties, nor any party acting as attorney for the Administrative Agent or the other Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the other Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Agent or the other Secured Parties may have.

Appears in 1 contract

Samples: Security Agreement (Lazydays Holdings, Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Financing Document, any other documents document relating to the Secured Obligations, or as provided by lawLaw, or any delay by the Administrative Collateral Agent or the Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Collateral Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by lawLaw, neither the Administrative Collateral Agent, the Secured Parties, nor any party acting as attorney for the Administrative Collateral Agent or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Collateral Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Collateral Agent or the Secured Parties may have.

Appears in 1 contract

Samples: Credit Agreement (Kapstone Paper & Packaging Corp)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent Seller or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Note Document, any other documents relating to the Secured Obligations, or as provided by law, or any delay by the Administrative Agent Seller or the Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent Seller or the Secured Parties shall only be granted as provided herein. To the extent permitted by law, neither the Administrative AgentSeller, the Secured Parties, nor any party acting as attorney for the Administrative Agent Seller or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent Seller and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that the Administrative Agent Seller or the Secured Parties may have.

Appears in 1 contract

Samples: Security Agreement (Medcath Corp)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the any Secured Parties Party to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other documents document relating to the Secured Obligations, or as provided by lawLaw, or any delay by the Administrative Agent or the any Secured Parties Party in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the Secured Parties shall only be granted as provided herein. To the extent CHL:45826.4 permitted by lawLaw, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Agent or the Secured Parties may have.

Appears in 1 contract

Samples: Collateral Agreement (Dynamics Research Corp)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Note Document, any other documents relating to the Secured Obligations, Additional Pari Passu Agreement or as provided by law, or any delay by the Administrative Collateral Agent or the Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Collateral Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Collateral Agent, the Secured Parties, nor any party acting as attorney for the Administrative Collateral Agent or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Collateral Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Collateral Agent or the Secured Parties may have.

Appears in 1 contract

Samples: Security Agreement (Gencorp Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties Lenders to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other documents relating to the Secured ObligationsSwap Contract and/or Treasury Management Agreement between any Obligor and any Lender, or as provided by law, or any delay by the Administrative Agent or the Secured Parties Lenders in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the Secured Parties Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the Secured PartiesLenders, nor any party acting as attorney for the Administrative Agent or the Secured PartiesLenders, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent Agents and the Secured Parties Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Agent or the Secured Parties Lenders may have.

Appears in 1 contract

Samples: Security and Pledge Agreement (Team Health Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the other Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other documents document relating to the Secured Obligations, or as provided by lawLaw, or any delay by the Administrative Collateral Agent or the other Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Collateral Agent or the other Secured Parties shall only be granted as provided herein. To the extent permitted by lawLaw, neither the Administrative Collateral Agent, the other Secured Parties, nor any party acting as attorney for the Administrative Collateral Agent or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunderhereunder as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Administrative Collateral Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Collateral Agent or the Secured Parties may have.. (h)

Appears in 1 contract

Samples: Credit Agreement (Advanced Emissions Solutions, Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties Creditors to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other documents relating to the Secured Obligations, or as provided by law, or any delay by the Administrative Agent or the Secured Parties Creditors in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the Secured Parties Creditors shall only be granted as provided herein. To the extent permitted by applicable law, neither the Administrative Agent, the Secured PartiesCreditors, nor any party acting as attorney for the Administrative Agent or the Secured PartiesCreditors, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the Secured Parties Creditors under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that the Administrative Agent or the Secured Parties Creditors may have.

Appears in 1 contract

Samples: Security Agreement (Ruby Tuesday Inc)

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Nonexclusive Nature of Remedies. Failure by the Domestic Administrative Agent or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other documents relating to the Secured Obligations, or as provided by law, or any delay by the Domestic Administrative Agent or the Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Domestic Administrative Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by law, neither the Domestic Administrative Agent, the Secured Parties, nor any party acting as attorney for the Domestic Administrative Agent or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Domestic Administrative Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that the Domestic Administrative Agent or the Secured Parties may have.

Appears in 1 contract

Samples: Domestic Security Agreement (Ems Technologies Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other documents document relating to the Secured Obligations, or as provided by lawLaw, or any delay by the Administrative Agent or the Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by lawLaw, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunderhereunder as determined by a court of competent jurisdiction by final and nonappealable judgment. The rights and remedies of the Administrative Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Agent or the Secured Parties may have.

Appears in 1 contract

Samples: Security and Pledge Agreement (Newport Corp)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Credit Document, any other documents relating to the Secured Obligations, or as provided by law, or any delay by the Administrative Agent or the Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the Secured Parties, Agent nor any party acting as attorney for the Administrative Agent or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that the Administrative Agent or the Secured Parties may have.

Appears in 1 contract

Samples: Security Agreement (Bioreliance Corp)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other documents document relating to the Secured Obligations, or as provided by lawLaw, or any delay by the Administrative Agent or the Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by lawLaw, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Agent or the Secured Parties may have.

Appears in 1 contract

Samples: Security and Pledge Agreement (Nutri System Inc /De/)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Credit Document, any other documents relating to the Secured Obligations, or as provided by law, or any delay by the Administrative Agent or the Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent Agents and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that the Administrative Agent or the Secured Parties may have.

Appears in 1 contract

Samples: Credit Agreement (Cbeyond Communications Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other documents document relating to the Secured Obligations, or as provided by lawLaw, or any delay by the Administrative Agent or the Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by lawLaw, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law Law other than their gross negligence or willful misconduct hereunderhereunder as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Administrative Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Agent or the Secured Parties may have.

Appears in 1 contract

Samples: Security and Pledge Agreement (LIVE VENTURES Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other documents document relating to the Secured Obligations, or as provided by lawapplicable Law, or any delay by the Administrative Agent or the Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by lawapplicable Law, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence negligence, bad faith or willful misconduct hereunderhereunder as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Administrative Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Agent or the Secured Parties may have.

Appears in 1 contract

Samples: Security and Pledge Agreement (Irobot Corp)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Secured Parties Obligations to exercise any right, remedy or option under this Security Agreement, any other Loan Credit Document, any other documents relating to Swap Contract or any Treasury Management Agreement between any Credit Party and any Lender or any Affiliate of a Lender in connection with the Secured Obligations, Loans or as provided by law, or any delay by the Administrative Agent or the holders of the Secured Parties Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the holders of the Secured Parties Obligations shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the holders of the Secured PartiesObligations, nor any party acting as attorney for the Administrative Agent or the holders of the Secured PartiesObligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the holders of the Secured Parties Obligations under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Agent or the holders of the Secured Parties Obligations may have.

Appears in 1 contract

Samples: Pledge Agreement (Griffin-American Healthcare REIT IV, Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other documents document relating to the Secured Obligations, or as provided by lawLaw, or any delay by the Administrative Agent or the Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by lawXxx, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunderhereunder as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Administrative Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Agent or the Secured Parties may have.. (h)

Appears in 1 contract

Samples: Execution Copy Security and Pledge Agreement (Babcock & Wilcox Enterprises, Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent Lender or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other documents document relating to the Secured Obligations, or as provided by lawLaw, or any delay by the Administrative Agent Lender or the Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent Lender or the Secured Parties shall only be granted as provided herein. To the extent permitted by lawXxx, neither the Administrative AgentLender, the Secured Parties, nor any party acting as attorney for the Administrative Agent Lender or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunderhereunder as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Administrative Agent Lender and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Agent Lender or the Secured Parties may have.

Appears in 1 contract

Samples: Security and Pledge Agreement (Bowman Consulting Group Ltd.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other documents document relating to the Secured Obligations, or as provided by lawLaw, or any delay by the Administrative Agent or the Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by lawLaw, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or negligence, willful misconduct hereunderor bad faith hereunder as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Administrative Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Agent or the Secured Parties may have.

Appears in 1 contract

Samples: Security and Pledge Agreement (Hain Celestial Group Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Credit Document, any other documents relating to the Secured Obligations, Hedging Agreement or as provided by law, or any delay by the Administrative Agent or the Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Agent or the Secured Parties may have.

Appears in 1 contract

Samples: Security Agreement (Pantry Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Secured Parties Obligations to exercise any right, remedy or option under this Security Agreement, any other Loan Credit Document, any other documents relating to Swap Contract or any Treasury Management Agreement between any Credit Party and any Lender or any Affiliate of a Lender in connection with the Secured Obligations, Loans or as provided by law, or any delay by the Administrative Agent or the holders of the Secured Parties Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the holders of the Secured Parties Obligations shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the holders of the Secured PartiesObligations, nor any party acting as attorney for the Administrative Agent or the holders of the Secured PartiesObligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the holders of the Secured Parties Obligations under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Agent or the holders of the Secured Parties Obligations may have.. (d)

Appears in 1 contract

Samples: Credit Agreement (Griffin-American Healthcare REIT III, Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent Lender or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other documents document relating to the Secured Obligations, or as provided by lawLaw, or any delay by the Administrative Agent Lender or the Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent Lender or the Secured Parties shall only be granted as provided herein. To the extent permitted by lawLaw, neither the Administrative AgentLender, the Secured Parties, nor any party acting as attorney for the Administrative Agent Lender or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than (i) their gross negligence or willful misconduct hereunderhereunder as determined by a final non-appealable judgment of a court of competent jurisdiction or (ii) in connection with a dispute among the parties hereto and the Grantors are the prevailing party in such dispute. The rights and remedies of the Administrative Agent Lender and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Agent Lender or the Secured Parties may have.

Appears in 1 contract

Samples: Security and Pledge Agreement (Inseego Corp.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties Lenders to exercise any right, remedy or option under this Security Agreement, any other Loan Credit Document, any other documents relating to the Secured ObligationsHedging Agreement between any Obligor and any Lender, or any Affiliate of a Lender, or as provided by law, or any delay by the Administrative Agent or the Secured Parties Lenders in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the Secured Parties Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the Secured PartiesLenders, nor any party acting as attorney for the Administrative Agent or the Secured PartiesLenders, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent Agents and the Secured Parties Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Agent or the Secured Parties Lenders may have.

Appears in 1 contract

Samples: Credit Agreement (Modtech Holdings Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other documents document relating to the Secured Obligations, or as provided by lawLaw, or any delay by the Administrative Agent or the Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by lawLxx, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunderhereunder as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Administrative Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Agent or the Secured Parties may have.

Appears in 1 contract

Samples: Security and Pledge Agreement (Good Times Restaurants Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the any other Secured Parties Party to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other documents document relating to the Secured Obligations, or as provided by lawLaw, or any delay by the Administrative Agent or the any other Secured Parties Party in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the other Secured Parties shall only be granted as provided herein. To the extent permitted by lawLaw, neither the Administrative Agent, the other Secured Parties, nor any party acting as attorney for the Administrative Agent or the other Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunderhereunder as determined by a court of competent jurisdiction by a final and nonappealable judgment. The rights and remedies of the Administrative Agent and the other Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Agent or the other Secured Parties may have.

Appears in 1 contract

Samples: Security and Guaranty Agreement (FXCM Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the other Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other documents document relating to the Secured Obligations, or as provided by lawLaw, or any delay by the Administrative Collateral Agent or the other Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Collateral Agent or the other Secured Parties shall only be granted as provided herein. To the extent permitted by lawLaw, neither the Administrative Collateral Agent, the other Secured Parties, nor any party acting as attorney for the Administrative Collateral Agent or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunderhereunder as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Administrative Collateral Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Collateral Agent or the Secured Parties may have.

Appears in 1 contract

Samples: Credit Agreement (Advanced Emissions Solutions, Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other documents relating to the Secured Obligations, or as provided by law, or any delay by the Administrative Agent or the Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that the Administrative Agent or the Secured Parties may have.

Appears in 1 contract

Samples: Security Agreement (RedHill Biopharma Ltd.)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Documentthe Indenture, any other documents relating to the Secured Obligations, Collateral Document or as provided by law, or any delay by the Administrative Collateral Agent or the Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Collateral Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Collateral Agent, the Secured Parties, nor any party acting as attorney for the Administrative Collateral Agent or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Collateral Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that which the Administrative Collateral Agent or the Secured Parties may have.

Appears in 1 contract

Samples: Security Agreement (Unifi Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other documents document relating to the Secured Obligations, or as provided by law, or any delay by the Administrative Agent or the Secured Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the Secured Parties shall only be granted as provided herein. To Subject to Section 9(d) hereof, to the extent permitted by law, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their bad faith, gross negligence or willful misconduct hereunder, as determined by a court of competent jurisdiction by final and non-appealable judgment. The rights and remedies of the Administrative Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy that the Administrative Agent or the Secured Parties may have.

Appears in 1 contract

Samples: Security Agreement (Dermira, Inc.)

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