Common use of Remedies Cumulative, etc Clause in Contracts

Remedies Cumulative, etc. (i) No right or remedy conferred upon or reserved to the Bank under any of the Loan Documents, or of performance of any of the Borrower’s obligations under any of the Loan Documents, or any collateral securing the payment of the Loan under any of the Loan Documents (collectively, the “Collateral”), now or hereafter existing at law or in equity or by statute or other legislative enactment, is intended to be or shall be deemed exclusive of any other such right or remedy, and each and every such right or remedy shall be cumulative and concurrent, and shall be in addition to every other such right or remedy, and may be pursued singly, concurrently, successively or otherwise, at the sole discretion of the Bank, and shall not be exhausted by any one exercise thereof but may be exercised as often as occasion therefore shall occur. No act of the Bank shall be deemed or construed as an election to proceed under any one such right or remedy to the exclusion of any other such right or remedy; furthermore, each such right or remedy of the Bank shall be separate, distinct and cumulative and none shall be given effect to the exclusion of any other. The failure to exercise or delay in exercising any such right or remedy, or the failure to insist upon strict performance of any term of any of the Loan Documents, shall not be construed as a waiver or release of the same, or of any Event of Default thereunder, or of any obligation or liability of the Borrower thereunder. Nothing herein, however, shall be construed to prevent the Bank from waiving any condition, obligation or default it should so elect. In the event of such election by the Bank, any waiver, in order to be effective, must be in writing and signed by the Bank, and any such waiver shall be strictly limited in its effect to the condition, obligation or default specified therein and shall not extend to any subsequent condition, obligation or default or impair any right of the Bank with respect thereto.

Remedies Cumulative, etc. (i) No right or remedy conferred upon or reserved to the Bank Agent or Agent under any of the Loan Documents, or with respect to any guaranty of payment of the Loan or of performance of any of the Borrower’s 's obligations under any of the Loan Documents, Documents or any collateral securing the payment of the Loan under any of the Loan Documents (such guaranty and such collateral, collectively, the “"Collateral”"), now or hereafter existing at law or in equity or by statute or other legislative enactment, is intended to be or shall be deemed exclusive of any other such right or remedy, and each and every such right or remedy shall be cumulative and concurrent, and shall be in addition to every other such right or remedy, and may be pursued singly, concurrently, successively or otherwise, at the sole sole, non-reviewable discretion of the BankAgent, and shall not be exhausted by any one exercise thereof but may be exercised as often as occasion therefore shall occur. No act of the Bank Agent shall be deemed or construed as an election to proceed under any one such right or remedy to the exclusion of any other such right or remedy; furthermore, each such right or remedy of the Bank Agent shall be separate, distinct and cumulative and none shall be given effect to the exclusion of any other. The failure to exercise or delay in exercising any such right or remedy, or the failure to insist upon strict performance of any term of any of the Loan Documents, shall not be construed as a waiver or release of the same, or of any Event of Default thereunder, or of any obligation or liability of the Borrower thereunder. Nothing herein, however, shall be construed to prevent the Bank Agent from waiving any condition, obligation or default it should so elect. In the event of such election by the BankAgent, any waiver, in order to be effective, must be in writing and signed by the BankAgent, and any such waiver shall be strictly limited in its effect to the condition, obligation or default specified therein and shall not extend to any subsequent condition, obligation or default or impair any right of the Bank Agent with respect thereto.

Remedies Cumulative, etc. (i) No right Each and every right, power and remedy hereby specifically given to Lender shall be in addition to every other right, power and remedy specifically given under this Agreement or remedy conferred upon or reserved to the Bank under any of the Loan Documents, or of performance of any of the Borrower’s obligations under any of the Loan Documents, or any collateral securing the payment of the Loan under any of the other Loan Documents (collectively, the “Collateral”), or now or hereafter existing at law or in equity equity, or by statute or other legislative enactment, is intended to be or shall be deemed exclusive of any other such right or remedy, and each and every right, power and remedy whether specifically herein given or otherwise existing may be exercised from time to time or simultaneously and as often and in such right or remedy order as may be deemed expedient by Lender. All such rights, powers and remedies shall be cumulative and concurrent, and shall be in addition to every other such right the exercise or remedy, and may be pursued singly, concurrently, successively or otherwise, at the sole discretion beginning of the Bank, and exercise of one shall not be exhausted by any one exercise thereof but may be exercised as often as occasion therefore shall occur. No act deemed a waiver of the Bank shall be deemed or construed as an election right to proceed under any one such right or remedy to the exclusion exercise of any other such right or remedy; furthermore, each such right others. No delay or remedy omission of Lender in the Bank shall be separate, distinct and cumulative and none shall be given effect to the exclusion exercise of any other. The failure to exercise or delay in exercising any such right right, power or remedy, or the failure to insist upon strict performance of any term partial or single exercise thereof, and no renewal or extension of any of the Loan DocumentsObligations, shall not be construed as impair or constitute a waiver or release of the same, or of any Event of Default thereundersuch right, power or of any obligation remedy or liability of the Borrower thereunder. Nothing herein, however, shall be construed to prevent be a waiver of any Default or Event of Default or an acquiescence therein. No notice to or demand on any Grantor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the Bank from waiving rights of Lender to any condition, obligation other or default it should so electfurther action in any circumstances without notice or demand. In the event that Lender shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such election by the Banksuit Lender may recover reasonable expenses, any waiver, in order to be effective, must be in writing and signed by the Bankincluding attorneys’ fees, and any such waiver the amounts thereof shall be strictly limited included in its effect to the condition, obligation or default specified therein and shall not extend to any subsequent condition, obligation or default or impair any right of the Bank with respect theretosuch judgment.

Remedies Cumulative, etc. (i) No i)No right or remedy conferred upon or reserved to the Bank Lender or Lender under any of the Loan Documents, or with respect to any guaranty of payment of the Loan or of performance of any of the Borrower’s 's obligations under any of the Loan Documents, Documents or any collateral securing the payment of the Loan under any of the Loan Documents (such guaranty and such collateral, collectively, the “"Collateral”"), now or hereafter existing at law or in equity or by statute or other legislative enactment, is intended to be or shall be deemed exclusive of any other such right or remedy, and each and every such right or remedy shall be cumulative and concurrent, and shall be in addition to every other such right or remedy, and may be pursued singly, concurrently, successively or otherwise, at the sole sole, non-reviewable discretion of the BankLender, and shall not be exhausted by any one exercise thereof but may be exercised as often as occasion therefore shall occur. No act of the Bank Lender shall be deemed or construed as an election to proceed under any one such right or remedy to the exclusion of any other such right or remedy; furthermore, each such right or remedy of the Bank Lender shall be separate, distinct and cumulative and none shall be given effect to the exclusion of any other. The failure to exercise or delay in exercising any such right or remedy, or the failure to insist upon strict performance of any term of any of the Loan Documents, shall not be construed as a waiver or release of the same, or of any Event of Default thereunder, or of any obligation or liability of the Borrower thereunder. Nothing herein, however, shall be construed to prevent the Bank Lender from waiving any condition, obligation or default it should so elect. In the event of such election by the BankXxxxxx, any waiver, in order to be effective, must be in writing and signed by the BankLender, and any such waiver shall be strictly limited in its effect to the condition, obligation or default specified therein and shall not extend to any subsequent condition, obligation or default or impair any right of the Bank Lender with respect thereto.

Remedies Cumulative, etc. (i) No right or Every right, power and remedy conferred upon or reserved hereby specifically given to the Bank Lender shall be in addition to every other right, power and remedy specifically given under any of this Agreement or the Loan Documents, other Secured Creditor Documents or of performance of any of the Borrower’s obligations under any of the Loan Documents, or any collateral securing the payment of the Loan under any of the Loan Documents (collectively, the “Collateral”), now or hereafter existing at law or in equity equity, or by statute and every right, power and remedy whether specifically herein given or other legislative enactment, is intended otherwise existing may be exercised from time to be time or shall simultaneously and as often and in such order as may be deemed exclusive of any other expedient by the Lender. All such right or remedyrights, powers and each and every such right or remedy remedies shall be cumulative and concurrent, and shall be in addition to every other such right the exercise or remedy, and may be pursued singly, concurrently, successively or otherwise, at the sole discretion beginning of the Bank, and exercise of one shall not be exhausted by any one exercise thereof but may be exercised as often as occasion therefore shall occur. No act deemed a waiver of the Bank shall be deemed or construed as an election right to proceed under any one such right or remedy to the exclusion exercise of any other such right or remedy; furthermore, each such right others. No delay or remedy omission of the Bank shall be separate, distinct and cumulative and none shall be given effect to Lender in the exclusion exercise of any other. The failure to exercise or delay in exercising any such right right, power or remedy, or the failure to insist upon strict performance of any term partial or single exercise thereof, and no renewal or extension of any of the Loan DocumentsSecured Obligations, shall not be construed as impair or constitute a waiver or release of the same, or of any Event of Default thereundersuch right, power or of any obligation remedy or liability of the Borrower thereunder. Nothing herein, however, shall be construed to prevent be a waiver of any Default or Event of Default or an acquiescence therein. No notice to or demand on Grantor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the Bank from waiving rights of the Lender to any condition, obligation other or default it should so electfurther action in any circumstances without notice or demand. In the event that the Lender shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such election by suit the BankLender may recover reasonable expenses, any waiver, in order to be effective, must be in writing and signed by the Bankincluding attorneys' fees, and any such waiver the amounts thereof shall be strictly limited included in its effect to the condition, obligation or default specified therein and shall not extend to any subsequent condition, obligation or default or impair any right of the Bank with respect theretosuch judgment.

Remedies Cumulative, etc. (i) No right or Each and every right, power and remedy conferred upon or reserved hereby specifically given to the Bank Secured Party shall be in addition to every other right, power and remedy specifically given under this Security Agreement or any of the Loan Documents, or of performance of any of the Borrower’s obligations under any of the Loan DocumentsObligations, or any collateral securing the payment of the Loan under any of the Loan Documents (collectively, the “Collateral”), document related thereto or now or hereafter existing at law or in equity equity, or by statute or other legislative enactment, is intended to be or shall be deemed exclusive of any other such right or remedy, and each and every right, power and remedy whether specifically herein given or otherwise existing may be exercised from time to time or simultaneously and as often and in such right or remedy order as may be deemed expedient by the Secured Party. All such rights, powers and remedies shall be cumulative and concurrent, and shall be in addition to every other such right the exercise or remedy, and may be pursued singly, concurrently, successively or otherwise, at the sole discretion beginning of the Bank, and exercise of one shall not be exhausted by any one exercise thereof but may be exercised as often as occasion therefore shall occur. No act deemed a waiver of the Bank shall be deemed or construed as an election right to proceed under any one such right or remedy to the exclusion exercise of any other or others. No delay or omission of the Secured Party in the exercise of any such right or remedy; furthermoreright, each such right power or remedy of the Bank shall be separate, distinct and cumulative and none shall be given effect to the exclusion of any other. The failure to exercise no renewal or delay in exercising any such right or remedy, or the failure to insist upon strict performance of any term extension of any of the Loan DocumentsObligations shall impair any such right, power or remedy or shall not be construed as to be a waiver or release of the same, or of any Event of Default thereunder, or of an acquiescence therein. No notice to or demand on the Debtor in any obligation case shall entitle the Debtor to any other or liability further notice or demand in similar or other circumstances or constitute a waiver of the Borrower thereunder. Nothing herein, however, shall be construed rights of the Secured Party to prevent the Bank from waiving any condition, obligation other further action in any circumstances without notice or default it should so electdemand. In the event that the Secured Party shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such election by suit the BankSecured Party may recover reasonable expenses, any waiver, in order to be effective, must be in writing and signed by the Bankincluding attorneys' fees, and any such waiver the amounts thereof shall be strictly limited included in its effect such judgment. With respect to both the Obligations and the Collateral, the Debtor assents to any extension or postponements of the time of payment or any other indulgence, to any substitution, exchange or release of collateral, to the conditionaddition or release of any party or person primarily or secondarily liable, obligation to the acceptance of partial payment thereon and the settlement, compromising or default specified therein adjusting of any thereof, all in such manner and at such time or times as the Secured Party may deem advisable. The Secured Party shall not extend have no duty as to any subsequent condition, obligation or default or impair any right the collection of protection of the Bank with respect theretoCollateral or any income thereon, nor as to the preservation thereto beyond the safe custody thereof.

Remedies Cumulative, etc. (i) No right or remedy conferred upon or reserved to the Bank under any of the Loan Documents, or with respect to any guaranty of payment of the Loan or of performance of any of the Borrower’s 's obligations under any of the Loan Documents, Documents (including the Suretyship Agreement) or any collateral securing the payment of the Loan under any of the Loan Documents (such Suretyship Agreement and such other collateral, collectively, the “"Collateral”"), now or hereafter existing at law or in equity or by statute or other legislative enactment, is intended to be or shall be deemed exclusive of any other such right or remedy, and each and every such right or remedy shall be cumulative and concurrent, and shall be in addition to every other such right or remedy, and may be pursued singly, concurrently, successively or otherwise, at the sole discretion of the Bank, and shall not be exhausted by any one exercise thereof but may be exercised as often as occasion therefore shall occur. No act of the Bank shall be deemed or construed as an election to proceed under any one such right or remedy to the exclusion of any other such right or remedy; furthermore, each such right or remedy of the Bank shall be separate, distinct and cumulative and none shall be given effect to the exclusion of any other. The failure to exercise or delay in exercising any such right or remedy, or the failure to insist upon strict performance of any term of any of the Loan Documents, shall not be construed as a waiver or release of the same, or of any Event event of Default default thereunder, or of any obligation or liability of the Borrower thereunder. Nothing herein, however, shall be construed to prevent the Bank from waiving any condition, obligation or default it should so do elect. In the event of such election by the Bank, any waiver, in order to be effective, must be in writing and signed by the Bank, and any such waiver shall be strictly limited in its effect to the condition, obligation or default specified therein and shall not extend to any subsequent condition, obligation or default or impair any right of the Bank with respect thereto.

Remedies Cumulative, etc. (i) No right or Each and every right, power and remedy conferred upon or reserved hereby specifically given to the Administrative Agent shall be in addition to every other right, power and remedy specifically given under this Agreement, any Bank under Product Document, any of the Loan DocumentsDesignated Hedge Agreement, or of performance of any of the Borrower’s obligations under any of the Loan Documents, other Credit Documents or any collateral securing the payment of the Loan under any of the Loan Documents (collectively, the “Collateral”), now or hereafter existing at law or in equity equity, or by statute or other legislative enactment, is intended to be or shall be deemed exclusive of any other such right or remedy, and each and every right, power and remedy whether specifically herein given or otherwise existing may be exercised from time to time or simultaneously and as often and in such right or remedy order as may be deemed expedient by the Administrative Agent. All such rights, powers and remedies shall be cumulative and concurrent, and shall be in addition to every other such right the exercise or remedy, and may be pursued singly, concurrently, successively or otherwise, at the sole discretion beginning of the Bank, and exercise of one shall not be exhausted by deemed a waiver of the right to exercise any one exercise thereof but may be exercised as often as occasion therefore shall occurother or others. No act delay or omission of the Bank shall be deemed or construed as an election to proceed under any one such right or remedy to Administrative Agent in the exclusion exercise of any other such right or remedy; furthermoreright, each such right or remedy of the Bank shall be separate, distinct and cumulative and none shall be given effect to the exclusion of any other. The failure to exercise or delay in exercising any such right power or remedy, or the failure to insist upon strict performance of any term partial or single exercise thereof, and no renewal or extension of any of the Loan DocumentsSecured Obligations, shall not be construed as impair or constitute a waiver or release of the same, or of any Event of Default thereundersuch right, power or of any obligation remedy or liability of the Borrower thereunder. Nothing herein, however, shall be construed to prevent be a waiver of any Default or Event of Default or an acquiescence therein. No notice to or demand on any Grantor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the Bank from waiving rights of the Administrative Agent to any condition, obligation other or default it should so electfurther action in any circumstances without notice or demand. In the event that the Administrative Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such election by suit the BankAdministrative Agent may recover reasonable, any waiveractual expenses, in order to be effective, must be in writing and signed by the Bankincluding attorneys’ fees, and any such waiver the amounts thereof shall be strictly limited included in its effect to the condition, obligation or default specified therein and shall not extend to any subsequent condition, obligation or default or impair any right of the Bank with respect theretosuch judgment.

Remedies Cumulative, etc. (i) No right or remedy conferred upon or reserved to the Bank under any of the Loan Documents, or with respect to any guaranty of payment of the Loans or of performance of any of the Borrower’s 's obligations under any of the Loan Documents, Documents or any collateral Collateral securing the payment of the Loan Loans under any of the Loan Documents (collectively, the “Collateral”)Documents, now or hereafter existing at law or in equity or by statute or other legislative enactment, is intended to be or shall be deemed exclusive of any other such right or remedy, and each and every such right or remedy shall be cumulative and concurrent, and shall be in addition to every other such right or remedy, and may be pursued singly, concurrently, successively or otherwise, at the sole discretion of the Bank, and shall not be exhausted by any one exercise thereof but may be exercised as often as occasion therefore shall occur. No act of the Bank shall be deemed or construed as an election to proceed under any one such right or remedy to the exclusion of any other such right or remedy; furthermore, each such right or remedy of the Bank shall be separate, separate distinct and cumulative and any none shall be given giving effect to the exclusion of any other. The failure to exercise or delay in exercising any such right or remedy, or the failure to insist upon strict performance of any term of any of the Loan Documents, shall not be construed as a waiver or release of the same, or of any Event of Default thereunder, or of any obligation or liability of the Borrower thereunder. Nothing herein, however, shall be construed to prevent the Bank from waiving any condition, obligation or default it should so elect. In the event of such election by the Bank, any waiver, in order to be effective, must be in writing and signed by the Bank, and any such waiver shall be strictly limited in its effect to the condition, obligation or default specified therein and shall not extend to any subsequent condition, obligation or default or impair any right of the Bank with respect thereto.

Remedies Cumulative, etc. (i) No right or Each and every right, power and remedy conferred upon or reserved hereby specifically given to the Bank Collateral Agent shall be in addition to every other right, power and remedy specifically given under this Agreement, any of Designated Hedge Agreement or the Loan Documents, other Secured Creditor Documents or of performance of any of the Borrower’s obligations under any of the Loan Documents, or any collateral securing the payment of the Loan under any of the Loan Documents (collectively, the “Collateral”), now or hereafter existing at law or in equity equity, or by statute or other legislative enactment, is intended to be or shall be deemed exclusive of any other such right or remedy, and each and every right, power and remedy whether specifically herein given or otherwise existing may be exercised from time to time or simultaneously and as often and in such right or remedy order as may be deemed expedient by the Collateral Agent. All such rights, powers and remedies shall be cumulative and concurrent, and shall be in addition to every other such right the exercise or remedy, and may be pursued singly, concurrently, successively or otherwise, at the sole discretion beginning of the Bank, and exercise of one shall not be exhausted by any one exercise thereof but may be exercised as often as occasion therefore shall occur. No act deemed a waiver of the Bank shall be deemed or construed as an election right to proceed under any one such right or remedy to the exclusion exercise of any other such right or remedy; furthermore, each such right others. No delay or remedy omission of the Bank shall be separate, distinct and cumulative and none shall be given effect to Collateral Agent in the exclusion exercise of any other. The failure to exercise or delay in exercising any such right right, power or remedy, or the failure to insist upon strict performance of any term partial or single exercise thereof, and no renewal or extension of any of the Loan DocumentsObligations, shall not be construed as impair or constitute a waiver or release of the same, or of any Event of Default thereundersuch right, power or of any obligation remedy or liability of the Borrower thereunder. Nothing herein, however, shall be construed to prevent be a waiver of any Default or Default Event or an acquiescence therein. No notice to or demand on any Grantor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the Bank from waiving rights of the Collateral Agent to any condition, obligation other or default it should so electfurther action in any circumstances without notice or demand. In the event that the Collateral Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such election by suit the BankCollateral Agent may recover reasonable expenses, any waiver, in order to be effective, must be in writing and signed by the Bankincluding attorneys’ fees, and any such waiver the amounts thereof shall be strictly limited included in its effect to the condition, obligation or default specified therein and shall not extend to any subsequent condition, obligation or default or impair any right of the Bank with respect theretosuch judgment.