Common use of Remedies Cumulative; Waiver Clause in Contracts

Remedies Cumulative; Waiver. Each of the Collateral Agent’s, the Purchase Money Notes Guarantor’s and the Initial Member’s rights pursuant to this Agreement shall be in addition to, and not in limitation or exclusion of, any other rights and remedies that it may have (whether by operation of law, in equity, under contract or otherwise) and without prejudice and in addition to any right of setoff, recoupment, combination of accounts, Lien or other right to which it is at any time entitled. Each of the Collateral Agent, the Purchase Money Notes Guarantor and the Initial Member may enforce any of its remedies pursuant to this Agreement successively or concurrently in its sole discretion. No delay or failure on the part of the Collateral Agent, the Purchase Money Notes Guarantor or the Initial Member to exercise any right or remedy to which it may become entitled hereunder upon an Event of Default shall constitute abandonment or waiver of any such right and the Collateral Agent, the Purchase Money Notes Guarantor or the Initial Member shall be entitled to exercise such right or remedy at any time during the continuance of a Event of Default.

Remedies Cumulative; Waiver. Each of the Collateral Agent’s, the Purchase Money Notes Note Guarantor’s and the Initial Member’s rights pursuant to this Agreement shall be in addition to, and not in limitation or exclusion of, any other rights and remedies that it may have (whether by operation of law, in equity, under contract or otherwise) and without prejudice and in addition to any right of setoff, recoupment, combination of accounts, Lien or other right to which it is at any time entitled. Each of the Collateral Agent, the Purchase Money Notes Note Guarantor and the Initial Member may enforce any of its remedies pursuant to this Agreement successively or concurrently in its sole discretion. No delay or failure on the part of the Collateral Agent, the Purchase Money Notes Note Guarantor or the Initial Member to exercise any right or remedy to which it may become entitled hereunder upon an Event of Default shall constitute abandonment or waiver of any such right and the Collateral Agent, the Purchase Money Notes Note Guarantor or the Initial Member shall be entitled to exercise such right or remedy at any time during the continuance of a Event of Default.