Common use of Remedies Cumulative; Waivers Clause in Contracts

Remedies Cumulative; Waivers. The rights, powers and remedies of Lender under this Agreement shall be cumulative and not exclusive of any other right, power or remedy which Lender may have against Borrower pursuant to this Agreement or against Borrower or IDOT Guarantor under the other Loan Documents, or existing at law or in equity or otherwise. Lender’s rights, powers and remedies may be pursued singularly, concurrently or otherwise, at such time and in such order as Lender may determine in Lender’s sole discretion. No delay or omission to exercise any remedy, right or power accruing upon an Event of Default shall impair any such remedy, right or power or shall be construed as a waiver thereof, but any such remedy, right or power may be exercised from time to time and as often as may be deemed expedient. A waiver of one Default or Event of Default with respect to Borrower or IDOT Guarantor shall not be construed to be a waiver of any subsequent Default or Event of Default by Borrower or IDOT Guarantor or to impair any remedy, right or power consequent thereon.

Appears in 1 contract

Samples: Loan Agreement (Highland Hospitality Corp)

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Remedies Cumulative; Waivers. The rights, powers and remedies of Lender under this Agreement shall be cumulative and not exclusive of any other right, power or remedy which Lender may have against Borrower Borrower, Equity Owner or Guarantor pursuant to this Agreement or against Borrower or IDOT Guarantor under the other Loan Documents, or existing at law or in equity or otherwise. Lender’s rights, powers and remedies may be pursued singularly, concurrently or otherwise, at such time and in such order as Lender may determine in Lender’s sole discretion. No delay or omission to exercise any remedy, right or power accruing upon an Event of Default shall impair any such remedy, right or power or shall be construed as a waiver thereof, but any such remedy, right or power may be exercised from time to time and as often as may be deemed expedient. A waiver of one Default or Event of Default with respect to Borrower Borrower, Equity Owner or IDOT Guarantor shall not be construed to be a waiver of any subsequent Default or Event of Default by Borrower Borrower, Equity Owner or IDOT Guarantor or to impair any remedy, right or power consequent thereon.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (New York REIT, Inc.)

Remedies Cumulative; Waivers. The rights, powers and remedies of Lender under this Agreement and the Security Instruments shall be cumulative and not exclusive of any other right, power or remedy which Lender may have against Borrower pursuant to this Agreement or against Borrower or IDOT Guarantor under the other Loan Documents, or existing at law or in equity or otherwise. Lender’s rights, powers and remedies may be pursued singularlysingly, concurrently or otherwise, at such time and in such order as Lender may determine in Lender’s sole discretion. No delay or omission to exercise any remedy, right or power accruing upon a Default or an Event of Default shall impair any such remedy, right or power or shall be construed as a waiver thereof, but any such remedy, right or power may be exercised from time to time and as often as may be deemed expedient. A waiver of one Default or Event of Default with respect to Borrower or IDOT any Guarantor shall not be construed to be a waiver of any subsequent Default or Event of Default by Borrower or IDOT any Guarantor or to impair any remedy, right or power consequent thereon.. 152

Appears in 1 contract

Samples: Loan and Security Agreement (Station Casinos Inc)

Remedies Cumulative; Waivers. The rights, powers and remedies of Lender under this Agreement and the Security Instrument shall be cumulative and not exclusive of any other right, power or remedy which Lender may have against Borrower and/or Maryland Owner pursuant to this Agreement or against Borrower or IDOT Guarantor under the other Loan Documents, or existing at law or in equity or otherwise. Lender’s rights, powers and remedies may be pursued singularlysingly, concurrently or otherwise, at such time and in such order as Lender may determine in Lender’s sole discretion. No delay or omission to exercise any remedy, right or power accruing upon an Event of Default shall impair any such remedy, right or power or shall be construed as a waiver thereof, but any such remedy, right or power may be exercised from time to time and as often as may be deemed expedient. A waiver of one Default or Event of Default with respect to Borrower or IDOT Guarantor shall not be construed to be a waiver of any subsequent Default or Event of Default by Borrower Borrower, Maryland Owner or IDOT Guarantor or to impair any remedy, right or power consequent thereon.

Appears in 1 contract

Samples: Loan and Security Agreement (Urban Edge Properties)

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Remedies Cumulative; Waivers. The rights, powers and remedies of Lender under this Agreement and the Security Instrument shall be cumulative and not exclusive of any other right, power or remedy which Lender may have against Borrower or Maryland Loan Guarantor pursuant to this Agreement or against Borrower or IDOT Guarantor under the other Loan Documents, or existing at law or in equity or otherwise. Lender’s rights, powers and remedies may be pursued singularlysingly, concurrently or otherwise, at such time and in such order as Lender may determine in Lender’s sole discretion. No delay or omission to exercise any remedy, right or power accruing upon an Event of Default shall impair any such remedy, right or power or shall be construed as a waiver thereof, but any such remedy, right or power may be exercised from time to time and as often as may be deemed expedient. A waiver of one Default or Event of Default with respect to Borrower Borrower, Maryland Loan Guarantor or IDOT Guarantor shall not be construed to be a waiver of any subsequent Default or Event of Default by Borrower Borrower, Maryland Loan Guarantor or IDOT Guarantor or to impair any remedy, right or power consequent thereon.. 112

Appears in 1 contract

Samples: Loan and Security Agreement (BlueLinx Holdings Inc.)

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