Common use of Nonexclusive Nature of Remedies Clause in Contracts

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Lenders to exercise any right, remedy or option under this Security Agreement, any other Credit Document, any Secured Hedging Agreement or as provided by law, or any delay by the Administrative Agent or the 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 Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the Lenders, nor any party acting as attorney for the Administrative Agent or the Lenders, 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 Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Lenders may have.

Appears in 9 contracts

Samples: Credit Agreement (Nci Building Systems Inc), Security Agreement (Lionbridge Technologies Inc /De/), Security Agreement (Benihana Inc)

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Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Lenders to exercise any right, remedy or option under this Security Agreement, any other Credit Document, any Secured Hedging Agreement or Secured Cash Management Agreement or as provided by law, or any delay by the Administrative Agent or the 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 Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the Lenders, nor any party acting as attorney for the Administrative Agent or the Lenders, 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 Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Lenders may have.

Appears in 5 contracts

Samples: Security Agreement (Red Robin Gourmet Burgers Inc), Security Agreement (Red Robin Gourmet Burgers Inc), Security Agreement (Red Robin Gourmet Burgers Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Lenders to exercise any right, remedy or option under this Security Agreement, any other Credit Document, any Secured Lender Hedging Agreement or as provided by law, or any delay by the Administrative Agent or the 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 Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the Lenders, nor any party acting as attorney for the Administrative Agent or the Lenders, 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 Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Lenders may have.

Appears in 4 contracts

Samples: Pledge Agreement (Transmontaigne Inc), Security Agreement (Nationsrent Companies Inc), Pledge Agreement (TransMontaigne Partners L.P.)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the Lenders to exercise any right, remedy or option under this Security Agreement, any other Credit Loan Document, any other document relating to the Secured Hedging Agreement Obligations, or as provided by lawLaw, or any delay by the Administrative Collateral Agent or the 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 Collateral Agent or the Lenders shall only be granted as provided herein. To the extent permitted by lawLaw, neither the Administrative Collateral Agent, the Lendersholders of the Secured Obligations, nor any party acting as attorney for the Administrative Agent or the LendersCollateral Agent, 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 Lenders holders of the Secured Obligations under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Collateral Agent or the Lenders may have.

Appears in 4 contracts

Samples: Security Agreement (Huron Consulting Group Inc.), Security Agreement (Huron Consulting Group Inc.), Pledge Agreement (Huron Consulting Group Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Lenders Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Credit Document, any Secured Hedging Agreement Document or as provided by law, or any delay by the Administrative Agent or the Lenders 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 Lenders Secured Parties shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the LendersSecured Parties, nor any party acting as attorney for the Administrative Agent or the LendersSecured 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 Lenders Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Lenders Secured Parties may have.

Appears in 4 contracts

Samples: Security Agreement (Pantry Inc), Security Agreement (VOXX International Corp), Security Agreement (Impax Laboratories Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the Lenders to exercise any right, remedy or option under this Security Agreement, any other Credit Document, any Secured Hedging Agreement between any Credit Party and any Lender or as provided by law, or any delay by the Administrative Collateral Agent or the 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 Collateral Agent or the Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Collateral Agent, the Lenders, nor any party acting as attorney for the Administrative Collateral Agent or the Lenders, 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 Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Collateral Agent or the Lenders may have.

Appears in 2 contracts

Samples: Security Agreement (Usc May Verpackungen Holding Inc), Security Agreement (Usc May Verpackungen Holding Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Lenders to exercise any right, remedy or option under this Security Agreement, any other Credit Document, any Secured Hedging Agreement or as provided by law, or any delay by the Administrative Agent or the 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 Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the Lenders, nor any party acting as attorney for the Administrative Agent or the Lenders, 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 Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Lenders may have.

Appears in 2 contracts

Samples: Security Agreement (Red Robin Gourmet Burgers Inc), Security Agreement (Red Robin Gourmet Burgers Inc)

Nonexclusive Nature of Remedies. Failure The failure by the Administrative Agent or the Lenders to exercise any right, remedy or option under this Security Agreement, any other Credit Loan Document, any Secured Hedging Interest Rate Protection Agreement or as provided by lawapplicable Laws, or any delay by the Administrative Agent or the 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 Lenders other Secured Parties shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the Lendersother Secured Parties, nor any party acting as attorney for the Administrative Agent or the Lendersother 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 Lenders other Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Lenders other Secured Parties may have.

Appears in 2 contracts

Samples: Security Agreement (Dover Motorsports Inc), Security Agreement

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Lenders to exercise any right, remedy or option under this Security Agreement, any other Credit Loan Document, any Secured Hedging Agreement Swap Contract between any Obligor and any Lender, or as provided by law, or any delay by the Administrative Agent or the 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 Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the Lenders, nor any party acting as attorney for the Administrative Agent or the Lenders, 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 Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Lenders may have.

Appears in 2 contracts

Samples: Security and Pledge Agreement (Inamed Corp), Credit Agreement (Sierra Health Services Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the Lenders Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Credit Documentthe Documents, any Secured Hedging Agreement or as provided by law, or any delay by the Administrative Collateral Agent or the Lenders 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 Lenders Secured Parties shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Collateral Agent, the LendersSecured Parties, nor any party acting as attorney for the Administrative Collateral Agent or the LendersSecured 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 Collateral Agents and the Lenders Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Collateral Agent or the Lenders Secured Parties may have.

Appears in 2 contracts

Samples: Security Agreement (Caraustar Industries Inc), Security Agreement (Caraustar Industries Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the Lenders to exercise any right, remedy or option under this Security Agreement, any other Credit Document, Document or any Secured Hedging Agreement or as provided by law, or any delay by the Administrative Collateral Agent or the 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 Collateral Agent or the Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Collateral Agent, the Lenders, nor any party acting as attorney for the Administrative Collateral Agent or the Lenders, 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 hereundermisconduct. The rights and remedies of the Administrative Collateral Agent and the Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Collateral Agent or the Lenders may have.

Appears in 1 contract

Samples: Security Agreement (Ivex Packaging Corp /De/)

Nonexclusive Nature of Remedies. Failure by the ---------------------------------- Administrative Agent or the Lenders to exercise any right, remedy or option under this Security Agreement, any other Agreement or the Credit Document, any Secured Hedging Agreement Documents or as provided by law, or any delay by the Administrative Agent or the 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 Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the Lenders, nor any party acting as attorney for the Administrative Agent or the Lenders, 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 Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Lenders may have.

Appears in 1 contract

Samples: Security Agreement (Policy Management Systems Corp)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Lenders to exercise any right, remedy or option under this Security Agreement, any other Credit Document, any Secured Hedging 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 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 Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the Lenders, nor any party acting as attorney for the Administrative Agent or the Lenders, 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 Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Lenders may have.

Appears in 1 contract

Samples: Credit Agreement (Vestar Sheridan Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the Lenders any Lender to exercise any right, remedy or option under this Security Agreement, any other Credit Document, any other document relating to the Secured Hedging Agreement Obligations or as provided by law, or any delay by the Administrative Collateral Agent or the Lenders any Lender 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 Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Collateral Agent, the Lenders, any Lender nor any party acting as attorney for the Administrative Collateral Agent or the Lendersany Lender, 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 Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Lenders may have.misconduct

Appears in 1 contract

Samples: Security Agreement (PRG Schultz International Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Lenders to exercise any right, remedy or option under this Security Agreement, any other Credit Document, any Secured Hedging Agreement or as provided by law, or any delay by the Administrative Agent or the 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 Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the Lenders, nor any party acting as attorney for the Administrative Agent or the Lenders, 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 Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Lenders may have.

Appears in 1 contract

Samples: Security Agreement (Sleepmaster LLC)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Lenders to exercise any right, remedy or option under this Security Agreement, any other Credit Document, any Secured Hedging Agreement or as provided by law, or any delay by the Administrative Agent or the 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 statedstated therein, which in the case of the Administrative Agent or the Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the Lenders, nor any party acting as attorney for the Administrative Agent or the Lenders, 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 Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Lenders may have.

Appears in 1 contract

Samples: Security Agreement (Dean Holding Co)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the Lenders Holders to exercise any right, remedy or option under this Security Agreement, any other Credit Document, any Secured Hedging Agreement Note Document or as provided by law, or any delay by the Administrative Collateral Agent or the Lenders Holders 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 Lenders Holders shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Collateral Agent, the LendersHolders, nor any party acting as attorney for the Administrative Collateral Agent or the LendersHolders, 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 Lenders Holders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Collateral Agent or the Lenders Holders may have.

Appears in 1 contract

Samples: Security Agreement (Usc May Verpackungen Holding Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the Lenders to exercise any right, remedy or option under this Security AgreementAgreement or, any other Credit Document, any Secured Hedging Agreement or as provided by law, or any delay by the Administrative Collateral Agent or the 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 statedstated therein, which in the case of the Administrative Collateral Agent or the Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Collateral Agent, the Lenders, nor any party acting as attorney for the Administrative Collateral Agent or the Lenders, 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 Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Collateral Agent or the Lenders may have.

Appears in 1 contract

Samples: Security Agreement (Medical Staffing Network Holdings Inc)

Nonexclusive Nature of Remedies. Failure by the ---------------------------------- Administrative Agent or the Lenders to exercise any right, remedy or option under this Security Agreement, any other Credit Document, any Secured Hedging Agreement or as provided by law, or any delay by the Administrative Agent or the 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 Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the Lenders, nor any party acting as attorney for the Administrative Agent or the Lenders, 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 Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Lenders may have.

Appears in 1 contract

Samples: Security Agreement (Racing Champions Corp)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Lenders to exercise any right, remedy or option under this Security Agreement, any other Credit Loan Document, any Secured Hedging Agreement or as provided by law, or any delay by the Administrative Agent or the 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 Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the Lenders, nor any party acting as attorney for the Administrative Agent or the Lenders, 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 Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Lenders may have.

Appears in 1 contract

Samples: Security Agreement (Zap)

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Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Lenders Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Credit Document, any Secured ELLF Document, any Hedging Agreement or as provided by law, or any delay by the Administrative Agent or the Lenders 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 and the Lenders Secured Parties shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the LendersSecured Parties, nor any party acting as attorney for the Administrative Agent or the LendersSecured 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 Lenders Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Lenders Secured Parties may have.

Appears in 1 contract

Samples: Security Agreement (Sterile Recoveries Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Lenders Trustee to exercise any right, remedy or option under this Security Agreement, the Guaranty, any other Credit Documentdocument relating to the Secured Obligations, any Secured Hedging Agreement or as provided by lawLaw, or any delay by the Administrative Agent or the Lenders Trustee 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 Lenders Trustee shall only be granted as provided herein. To the extent permitted by lawLaw, neither the Administrative Agent, the LendersTrustee, nor any party acting as attorney for the Administrative Agent or the LendersTrustee, 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 Lenders Trustee under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which that the Administrative Agent or the Lenders Trustee may have.

Appears in 1 contract

Samples: Guaranty Agreement (Medley Capital Corp)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Lenders to exercise any right, remedy or option under this Security Agreement, any other Credit Loan Document, any other document relating to the Secured Hedging Agreement Obligations, or as provided by lawLaw, or any delay by the Administrative Agent or the 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 Lenders shall only be granted as provided herein. To the extent permitted by lawLaw, neither the Administrative Agent, the Lenders, nor any party acting as attorney for the Administrative Agent or the Lenders, 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 Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Lenders may have.

Appears in 1 contract

Samples: Credit Agreement (Kapstone Paper & Packaging Corp)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Lenders to exercise any right, remedy or option under this Security Agreement, Agreement or any other Credit Document, any Secured Hedging Agreement Document or Working Capital Credit Document or as provided by law, or any delay by the Administrative Agent or the 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 xxxxxx is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the Lenders, Lenders nor any party acting as attorney for the Administrative Agent or the Lenders, Lenders 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 Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Lenders may have under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Agent or the Lenders may have.

Appears in 1 contract

Samples: Credit Agreement (Chattem Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the Lenders Purchasers to exercise any right, remedy or option under this Security Agreement, any other Credit Document, any Secured Hedging Agreement Transaction Document or as provided by law, or any delay by the Administrative Collateral Agent or the Lenders Purchasers 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 Lenders Purchasers shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Collateral Agent, the LendersPurchasers, nor any party acting as attorney for the Administrative Collateral Agent or the LendersPurchasers, 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 Collateral Agents and the Lenders Purchasers under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Collateral Agent or the Lenders Purchasers may have.

Appears in 1 contract

Samples: Security Agreement (VeruTEK Technologies, Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Lenders to exercise any right, remedy or option under this Security Agreement, any other Credit Document, any Secured Lender Hedging Agreement or as provided by law, or any delay by the Administrative Agent or the 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 Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the Lenders, nor any party acting as attorney for the Administrative Agent or the Lenders, 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 Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Lenders may have.. (e)

Appears in 1 contract

Samples: Credit Agreement (Nationsrent Companies Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Lenders to exercise any right, remedy or option under this Security Agreement, any other Credit Document, any Secured Hedging Agreement Loan Document or as provided by law, or any delay by the Administrative Agent or the 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 Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the Lenders, nor any party acting as attorney for the Administrative Agent or the Lenders, 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 Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Lenders may have.

Appears in 1 contract

Samples: Security Agreement (Zap)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Lenders to exercise any right, remedy or option under this Security Agreement, any other Credit Document, any Secured Hedging Agreement or as provided by law, or any delay by the Administrative Agent or the 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 Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the Lenders, nor any party acting as attorney for the Administrative Agent or the Lenders, 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 Agent and the Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Lenders may have.

Appears in 1 contract

Samples: Security Agreement (Capitalsource Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the Lenders Debenture Holders to exercise any right, remedy or option under this Security Agreement, any other Credit Documentthe Debentures, any Secured Hedging Agreement or as provided by law, or any delay by the Administrative Collateral Agent or the Lenders Debenture Holders 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 Lenders Debenture Holders shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Collateral Agent, the LendersDebenture Holders, nor any party acting as attorney for the Administrative Collateral Agent or the LendersDebenture Holders, 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 Lenders Debenture Holders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Collateral Agent or the Lenders Debenture Holders may have.

Appears in 1 contract

Samples: Security Agreement (American Healthchoice Inc /Ny/)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Lenders to exercise any right, remedy or option under this Security Agreement, any other Credit Loan Document, any Secured Hedging Agreement or as provided by law, or any delay by the Administrative Agent or the 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 Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the Lenders, nor any party acting as attorney for the Administrative Agent or the Lenders, 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 Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Lenders may have.

Appears in 1 contract

Samples: Revolving Credit Agreement (Delek US Holdings, Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Lenders to exercise any right, remedy or option under this Security Agreement, any other Credit Document, any Secured Lender Hedging Agreement or any agreement pertaining to Bank Products or as provided by law, or any delay by the Administrative Agent or the 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 Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the Lenders, nor any party acting as attorney for the Administrative Agent or the Lenders, 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 and other than the breach of this Security Agreement or any other Credit Documents in any material respect. The rights and remedies of the Administrative Agent and the Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Lenders may have.

Appears in 1 contract

Samples: Security Agreement (World Air Holdings, Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Lenders to exercise any right, remedy or option under this Security Agreement, any other Credit Document, any Secured Hedging Agreement between any Obligor and any Lender or as provided by law, or any delay by the Administrative Agent or the 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 Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Administrative Agent, the Lenders, nor any party acting as attorney for the Administrative Agent or the Lenders, 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 Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Lenders may have.

Appears in 1 contract

Samples: Pledge Agreement (Wolverine Tube Inc)

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