Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 450 contracts
Sources: Stockholders Agreement, Voting and Support Agreement, Voting Agreement (Aytu Bioscience, Inc)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise or beginning of the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 134 contracts
Sources: Shareholder Agreement, Corporate Opportunity Agreement, Preferred Stock Redemption Agreement
Remedies Cumulative. All rights, powers powers, and remedies provided under this Agreement or otherwise available in respect hereof at law Law or in equity shall be cumulative and not alternative, and the exercise of any right, power, or remedy thereof by any party Party shall not preclude the simultaneous or later exercise of any other such right, power power, or remedy by such partyParty.
Appears in 89 contracts
Sources: Transaction Support Agreement (Ardagh Group S.A.), Transaction Support Agreement (MultiPlan Corp), Restructuring Support Agreement (Spirit Airlines, Inc.)
Remedies Cumulative. All rights, powers powers, and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any right, power, or remedy thereof by any party Party shall not preclude the simultaneous or later exercise of any other such right, power power, or remedy by such partyParty.
Appears in 87 contracts
Sources: Forbearance Agreement (Vertical Aerospace Ltd.), Forbearance Agreement (Fitzpatrick Stephen James), Reorganization Agreement (CorEnergy Infrastructure Trust, Inc.)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise or the beginning of the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 26 contracts
Sources: Stockholder Agreement (Odyssey Healthcare Inc), Employment Agreement (Nextel Partners Inc), Employment Agreement (Nextel Partners Inc)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any thereof of such rights, powers or remedies by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 26 contracts
Sources: Stockholder Agreement (Fargo Electronics Inc), Stockholder Agreement (Fargo Electronics Inc), Stockholder Agreement (Zebra Technologies Corp/De)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any thereof such right, power or remedy by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 25 contracts
Sources: Merger Agreement (Farmers & Merchants Bancshares, Inc.), Support Agreement (Old Line Bancshares Inc), Support Agreement (Old Line Bancshares Inc)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any thereof by any party hereto shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 22 contracts
Sources: Right of First Offer Agreement, Right of First Offer Agreement (Roust Trading Ltd.), Transition Agreement (Central European Distribution Corp)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 21 contracts
Sources: Merger Agreement (Smith & Wollensky Restaurant Group Inc), Principal Shareholder Agreement (Merry Land Properties Inc), Principal Shareholder Agreement (Merry Land Properties Inc)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any right, power or remedy thereof by any party Party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such partyParty.
Appears in 19 contracts
Sources: Consent Support Agreement (Finance of America Companies Inc.), Transaction Support Agreement (Carvana Co.), Transaction Support Agreement (New Fortress Energy Inc.)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof thereof at law or in equity shall be cumulative and not alternative, alternative and the exercise or beginning of the exercise of any thereof by any party either Party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such partyParty.
Appears in 19 contracts
Sources: Funding Agreement, Funding Agreement, Funding Agreement
Remedies Cumulative. All rights, powers and remedies provided ------------------- under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise or beginning of the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 17 contracts
Sources: Asset Purchase Agreement (Telecorp PCS Inc), Asset Purchase Agreement (Triton Management Co Inc), License Acquisition Agreement (Tritel Finance Inc)
Remedies Cumulative. All rights, powers powers, and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any right, power, or remedy thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power power, or remedy by such party.
Appears in 16 contracts
Sources: Subscription Agreement (5E Advanced Materials, Inc.), Subscription Agreement (5E Advanced Materials, Inc.), Restructuring Support Agreement (5E Advanced Materials, Inc.)
Remedies Cumulative. All Except as otherwise provided herein, all rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise or beginning of the exercise of any thereof by any party a Party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such partyParty.
Appears in 16 contracts
Sources: Stock Purchase Agreement (Telemar Norte Leste S.A.), Stock Purchase Agreement (Vivo Participacoes S.A.), Stock Purchase Agreement (Telemar Norte Leste S.A.)
Remedies Cumulative. All rights, powers and remedies provided under ------------------- this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 15 contracts
Sources: Shareholder Agreement (Nova Corp \Ga\), Stockholder Agreement (Marriott International Inc /Md/), Stockholder Agreement (Execustay Corp)
Remedies Cumulative. All rights, powers powers, and remedies provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity shall be cumulative and not alternative, and the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power power, or remedy by such party.
Appears in 15 contracts
Sources: Conversion, Tender and Voting Agreement (Analex Corp), Stock Tender and Voting Agreement (Antioco John F), Stock Tender and Voting Agreement (Main Street Acquisition CORP)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party. All representations, warranties, covenants and agreements contained herein shall survive the execution and delivery of this Agreement, the closing and any investigation made by any party hereto.
Appears in 15 contracts
Sources: Securities Purchase Agreement (Specialty Underwriters Alliance, Inc.), Securities Purchase Agreement (Specialty Underwriters Alliance, Inc.), Securities Purchase Agreement (Specialty Underwriters Alliance, Inc.)
Remedies Cumulative. All rights, powers and remedies provided ------------------- under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 14 contracts
Sources: Stockholder Option Agreement (Berglass Robert H), Stockholders Agreement (Hain Food Group Inc), Merger Agreement (United Rentals Inc)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any right, power or remedy thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 12 contracts
Sources: Transaction Support Agreement (Fossil Group, Inc.), Amendment Agreement (AMERI Holdings, Inc.), Exchange Agreement (ATRM Holdings, Inc.)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternativealternative or exclusive, and the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such partyparty (subject to Section 4(f) hereof).
Appears in 11 contracts
Sources: Tender Agreement (Logica PLC / Eng), Tender Agreement (Logica PLC / Eng), Tender Agreement (Dorel Industries Inc)
Remedies Cumulative. All rights, powers and remedies provided ------------------- under this Agreement agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any thereof right, power or remedy by any party shall not preclude the simultaneous or later exercise by that party of any other such right, power or remedy by such partyremedy.
Appears in 11 contracts
Sources: Stockholder Agreement (Barnett Howard G Jr), Stockholder Agreement (Barnett Howard G Jr), Stockholder Agreement (Barnett Howard G Jr)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise or beginning of the exercise of any thereof by any either party shall not preclude the simultaneous or later exercise of any other such rightrights, power or remedy by such party.
Appears in 10 contracts
Sources: Merger Agreement (Westbrook Real Estate Partners LLC), Merger Agreement (NDC Automation Inc), Merger Agreement (Alter Robert A)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternativealternative or exclusive, and the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 10 contracts
Sources: Merger Agreement (Instron Corp), Primary Voting Agreement (Miltope Group Inc), Voting Agreement (Intelligent Controls Inc)
Remedies Cumulative. All rights32.1 Except as otherwise expressly provided by this Agreement, powers all rights and remedies provided available to either Party under this Agreement or otherwise available in respect hereof at law or in equity shall be are cumulative and not alternativemay be exercised concurrently or separately, and the exercise of any thereof by any party one right or remedy shall not preclude be deemed an election of such right or remedy to the simultaneous or later exercise of exclusion of, and shall be without prejudice to the availability of, any other such right, power right or remedy by such partyremedy.
Appears in 9 contracts
Sources: Community Chest Funding Agreement, Funding Agreement, Funding Agreement
Remedies Cumulative. All Except as otherwise provided herein, all rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise or beginning of the exercise of any thereof right, power or remedy by any a party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 9 contracts
Sources: Purchase and Sale Agreement (United States Cellular Corp), Exchange Agreement (United States Cellular Corp), Asset Purchase and Sale Agreement (United States Cellular Corp)
Remedies Cumulative. All rights, powers and remedies provided under ------------------- this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise or beginning of the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 8 contracts
Sources: Purchase Agreement (Us Foodservice/Md/), License Exchange and Acquisition Agreement (Triton PCS Holdings Inc), Preferred Stock Purchase Agreement (Telecorp PCS Inc)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement Agreement, or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise or beginning of the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 8 contracts
Sources: Limited Liability Company Agreement (Global Eagle Entertainment Inc.), Limited Liability Company Agreement (Global Eagle Entertainment Inc.), Brand License Agreement (Aol Time Warner Inc)
Remedies Cumulative. All rightsExcept as otherwise provided in this Agreement, powers all rights and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity of each of the Parties shall be cumulative and not alternative, and the exercise of any thereof by any party one or more rights or remedies shall not preclude the simultaneous or later exercise of any other such right, power right or remedy by such partyavailable hereunder or under applicable Law.
Appears in 7 contracts
Sources: Merger Agreement (DarioHealth Corp.), Merger Agreement (Invitae Corp), Unit Purchase Agreement (Invitae Corp)
Remedies Cumulative. All rights, powers and remedies ------------------- provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise or beginning of the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 7 contracts
Sources: Inter Group Agreement (Liberty Media Corp /De/), Inter Group Agreement (Liberty Media Corp /De/), Inter Group Agreement (Liberty Media Corp /De/)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise or beginning of the exercise of any thereof by any party either Party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such partyParty.
Appears in 7 contracts
Sources: License Agreement (Loyalty Ventures Inc.), License Agreement (Loyalty Ventures Inc.), License Agreement
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law Law or in equity shall be cumulative and not alternative, and the exercise of any thereof right, power or remedy by any party hereto shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 6 contracts
Sources: Merger Agreement (3 D Systems Corp), Tender and Voting Agreement (DTM Corp /Tx/), Tender and Voting Agreement (DTM Corp /Tx/)
Remedies Cumulative. All Any right, power or remedy expressly conferred upon any Party under this Agreement shall be in addition to, not exclusive of, and without prejudice to all rights, powers and remedies provided under this Agreement or otherwise which would, in the absence of express provision, be available in respect hereof at law or in equity shall to it; and may be cumulative and not alternative, and the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other exercised as often as such right, power or remedy by such partyParty considers appropriate.
Appears in 6 contracts
Sources: Placing Agreement, Sale and Purchase Agreement, Underwriting Agreement
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or the Proxy or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 6 contracts
Sources: Stockholders Agreement (Carson Inc), Securities Agreement (Bell Sports Corp), Stock Purchase Agreement (Playcore Inc)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall shall, be cumulative and not alternative, and the exercise or beginning of the exercise of any right, power or remedy thereof by any party a Party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such partyParty.
Appears in 6 contracts
Sources: Transition Services Agreement (Four Corners Property Trust, Inc.), Transition Services Agreement (Four Corners Property Trust, Inc.), Transition Services Agreement (Windstream Services, LLC)
Remedies Cumulative. All Any right, power or remedy expressly conferred upon any party under this Agreement shall be in addition to, not exclusive of, and without prejudice to all rights, powers and remedies provided under this Agreement or otherwise which would, in the absence of express provision, be available in respect hereof at law or in equity shall to it; and may be cumulative and not alternative, and the exercise of any thereof by any exercised as often as such party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such partyconsiders appropriate.
Appears in 5 contracts
Sources: Loan Capitalisation Agreement, Subscription Agreement (OUI Global), Subscription Agreement (OUI Global)
Remedies Cumulative. All rights, powers and remedies ------------------- provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 5 contracts
Sources: Shareholders Agreement (Cuc International Inc /De/), Stockholder Agreement (Amcon Distributing Co), Shareholder Agreement (Cuc International Inc /De/)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any right, power, or remedy thereof by any party Party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such partyParty.
Appears in 5 contracts
Sources: Noteholder Restructuring Plan Support Agreement, Plan Support Agreement (Nutrition 21 Inc), Restructuring Plan Support Agreement (Gsi Group Inc)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any thereof right, power or remedy by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 5 contracts
Sources: Voting Agreement (Larscom Inc), Voting Agreement (Vina Technologies Inc), Voting Agreement (Verilink Corp)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall will be cumulative and not alternative, and the exercise of any thereof by any party shall will not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 5 contracts
Sources: Stockholder Tender and Support Agreement (Fidelio Acquisition Co LLC), Stockholder Tender and Support Agreement (Intertrust Technologies Corp), Stockholder Voting and Support Agreement (Clear Channel Communications Inc)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law Law or in equity shall be cumulative and not alternative, and the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 5 contracts
Sources: Merger Agreement (BWC Financial Corp), Tender and Voting Agreement (Statoil Asa), Tender and Voting Agreement (Brigham Exploration Co)
Remedies Cumulative. All Except as otherwise specifically provided herein, all rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise or beginning of the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 5 contracts
Sources: Combination Agreement (El Sitio Inc), Agreement (Hicks Thomas O), Agreement (Ibero American Media Partners Ii LTD)
Remedies Cumulative. All rights, powers Any and all rights and remedies provided which either party may have under this Agreement or otherwise available in respect hereof Agreement, at law or in equity equity, shall be cumulative and shall not alternativebe deemed inconsistent with each other, and any two or more of all such rights and remedies may be exercised at the exercise of any thereof same time insofar as permitted by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such partylaw.
Appears in 4 contracts
Sources: Franchise Agreement (Thermolase Corp), Master Joint Venture Agreement (Thermolase Corp), Master Agreement for Consulting Services (DealerTrack Holdings, Inc.)
Remedies Cumulative. All Except as otherwise provided herein, all rights, powers and remedies provided under this Lease Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise or beginning of the exercise of any right, power, or remedy thereof by any party a Party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such partyParty.
Appears in 4 contracts
Sources: Spectrum Manager Lease Agreement, Short Term Spectrum Manager Lease Agreement, Short Term Spectrum Manager Lease Agreement
Remedies Cumulative. All rights, powers privileges and remedies provided under afforded the parties by this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternativeexclusive, and the exercise of any thereof by any party one of such remedies shall not preclude the simultaneous or later exercise be deemed to be a waiver of any other such right, power remedy or remedy by such partyprivilege provided for herein or available at law or equity.
Appears in 4 contracts
Sources: Development Agreement, Development Agreement (Global Growth Trust, Inc.), Development Agreement (Global Growth Trust, Inc.)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.. [This space intentionally left blank]
Appears in 4 contracts
Sources: Voting Agreement (Total Research Corp), Voting Agreement (Harris Interactive Inc), Voting Agreement (Total Research Corp)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any thereof such rights, powers or remedies by any party Party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such partyParty.
Appears in 4 contracts
Sources: Lock Up Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp), Lock Up Agreement (Fredrickson Wade), Lock Up Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp)
Remedies Cumulative. All rights, powers powers, and remedies provided under this Agreement Agreement, or otherwise available in respect hereof at law or in equity equity, shall be cumulative and not alternative, and the exercise of any thereof such right, power, or remedy by any party Party shall not preclude the simultaneous or later exercise of any other such right, power power, or remedy by such partyParty.
Appears in 4 contracts
Sources: Plan Sponsor Agreement, Restructuring Support Agreement (Warren Resources Inc), Restructuring Support Agreement (Warren Resources Inc)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall shall, unless otherwise specifically provided herein, be cumulative and not alternative, and the exercise or beginning of the exercise of any right, power or remedy thereof by any a party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 3 contracts
Sources: GSM Operating Agreement (American Cellular Corp /De/), GSM Operating Agreement (Dobson Communications Corp), GSM Operating Agreement (Dobson Communications Corp)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any thereof such rights, powers or remedies by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 3 contracts
Sources: Merger Agreement (NeoStem, Inc.), Lock Up Agreement (Seaspan CORP), Lock Up Agreement (Seaspan CORP)
Remedies Cumulative. All rights, powers and remedies provided -------------------- under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 3 contracts
Sources: Stockholder's Agreement (Agfa Corp), Stockholders' Agreement (Agfa Corp), Stockholders Agreement (Cytyc Corp)
Remedies Cumulative. All rights, powers and remedies provided under in this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 3 contracts
Sources: Voting Agreement (Fortune Brands Inc), Founders' Voting and Support Agreement (Alternative Asset Management Acquisition Corp.), Voting Agreement (Heinz H J Co)
Remedies Cumulative. All rights, powers powers, and remedies provided under this Agreement or otherwise available in respect hereof of this Agreement at law Law or in equity shall be cumulative and not alternative, and the . The exercise of any thereof right, power, or remedy by any party Party shall not preclude the simultaneous or later exercise of any other such right, power power, or remedy by such partyParty.
Appears in 3 contracts
Sources: Transaction Support Agreement (JOANN Inc.), Transaction Support Agreement (Neiman Marcus Group LTD LLC), Transaction Support Agreement
Remedies Cumulative. All rights, powers powers, and remedies provided under this Agreement or otherwise available in respect hereof at law Law or in equity shall be cumulative and not alternative, and the exercise of any right, power, or remedy thereof by any party Party shall not preclude the simultaneous or later exercise of any other such right, power power, or remedy by such partyParty. No failure of any Party to exercise, and no delay in exercising, any such right, power, or remedy shall operate as a waiver of any such right, power, or remedy.
Appears in 3 contracts
Sources: Restructuring Support Agreement (Ayr Wellness Inc.), Restructuring Support Agreement (Medicine Man Technologies, Inc.), Restructuring Support Agreement (Ayr Wellness Inc.)
Remedies Cumulative. All Except as otherwise provided herein, all rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise or beginning of the exercise of any thereof by any a party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 3 contracts
Sources: Purchase Agreement, License Purchase Agreement, Purchase Agreement (Elandia, Inc.)
Remedies Cumulative. All rights, powers and remedies provided under in accordance with the terms and provisions of this Agreement or otherwise available in respect hereof at of law or in equity shall be cumulative and not alternative, and the exercise of any right, power or remedy thereof by any party Party shall not preclude the simultaneous contemporaneous or later exercise of any other such right, power or remedy by any such partyParty.
Appears in 3 contracts
Sources: Plan Support Agreement, Plan Support Agreement, Plan Support Agreement
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any thereof by any party Party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such partyParty.
Appears in 3 contracts
Sources: Voting Agreement (Flores James C), Voting Agreement (Santos International Holdings Pty Ltd.), Voting Agreement (Kayne Anderson Capital Advisors Lp)
Remedies Cumulative. All Except as otherwise provided in ------------------- Article X, all rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise or beginning of the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 3 contracts
Sources: Acquisition Agreement (Emed Technologies Corp), Acquisition Agreement (Emed Technologies Corp), Acquisition Agreement (Emed Technologies Corp)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise or beginning of the exercise of any thereof by any party hereto shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 3 contracts
Sources: Stockholder Voting Agreement (Digital Generation Systems Inc), Stockholder Voting Agreement (Digital Generation Systems Inc), Securities Purchase Agreement (Jagnotes Com)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise or beginning of the exercise of any thereof by any party Party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such partyParty.
Appears in 3 contracts
Sources: Clearing Link Services Agreement, Link Clearing Agreement, Merger Agreement (Telecorp Tritel Holding Co)
Remedies Cumulative. All rights, powers and remedies provided ------------------- under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any thereof right, power or remedy by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 3 contracts
Sources: Voting Agreement (Saflink Corp), Voting Agreement (Saflink Corp), Voting Agreement (Saflink Corp)
Remedies Cumulative. All None of the rights, powers and or remedies provided under conferred upon the Parties in connection with this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternativemutually exclusive, and the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other each such right, power or remedy shall be cumulative and in addition to every other right, power or remedy, whether conferred hereby or hereafter available at law, in equity, by such partystatute or otherwise.
Appears in 3 contracts
Sources: Membership Interest Purchase Agreement (MJ Holdings, Inc.), Master Purchase Agreement (Vireo Health International, Inc.), Membership Interest Purchase Agreement (MJ Holdings, Inc.)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise or beginning of the exercise of any thereof by any party a Party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such partyParty.
Appears in 3 contracts
Sources: Services Agreement (Freeport Holdings Series LLC), Services Agreement (Freeport Holdings Series LLC), Services Agreement (Freeport Holdings Series LLC)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof or thereof at law or in equity shall be cumulative and not alternative, and the exercise or beginning of the exercise of any thereof by any party a Party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.Party
Appears in 3 contracts
Sources: Collaboration Agreement (Circle Internet Group, Inc.), Collaboration Agreement (Circle Internet Group, Inc.), Collaboration Agreement (Coinbase Global, Inc.)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any thereof such right, power or remedy by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 3 contracts
Sources: Consulting and Termination Agreement (Vista Energy Resources Inc), Consulting and Termination Agreement (Vista Energy Resources Inc), Consulting and Termination Agreement (Vista Energy Resources Inc)
Remedies Cumulative. All rights31.1 Except as otherwise expressly provided by this Agreement, powers all rights and remedies provided available to either Party under this Agreement or otherwise available in respect hereof at law or in equity shall be are cumulative and not alternativemay be exercised concurrently or separately, and the exercise of any thereof by any party one right or remedy shall not preclude be deemed an election of such right or remedy to the simultaneous or later exercise of exclusion of, and shall be without prejudice to the availability of, any other such right, power right or remedy by such partyremedy.
Appears in 3 contracts
Sources: Grant Agreement, Funding Agreement, Grant Agreement
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise or beginning of the exer- cise of any thereof by any party shall not preclude the simultaneous si- multaneous or later exercise of any other such right, power or remedy by such party.
Appears in 2 contracts
Sources: Support Agreement (Jp Foodservice Inc), Support Agreement (Jp Foodservice Inc)
Remedies Cumulative. All Except as otherwise provided in this Agreement, all rights, powers and remedies provided under this Agreement afforded to a Party hereunder, by law, in equity or otherwise available in respect hereof at law or in equity shall be cumulative (and not alternative, ) and the exercise of any thereof by any party shall not preclude the simultaneous assertion or later exercise seeking by a Party of any other such right, power rights or remedy by such partyremedies.
Appears in 2 contracts
Sources: Shareholder Agreement (JLM Industries Inc), Management, Operating and Stockholders Agreement (JLM Industries Inc)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law Law or in equity shall be cumulative and not alternative, and the exercise of any thereof by any party Party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such partyParty.
Appears in 2 contracts
Sources: Voting and Support Agreement (Eye Care Centers of America Inc), Voting and Support Agreement (Eye Care Centers of America Inc)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity equity, unless otherwise specifically provided herein, shall not be mutually exclusive and shall be cumulative and not alternative, and the exercise or beginning of the exercise of any one or more right, power or remedy thereof by any party a Party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such partyParty hereunder or under Applicable Law or the principles of equity.
Appears in 2 contracts
Sources: Management Services Agreement (DISH Network CORP), Management Services Agreement (DISH Network CORP)
Remedies Cumulative. All rights, powers powers, and remedies provided under this Agreement or otherwise available in respect hereof of this Agreement at law Law or in equity shall be cumulative and not alternative, and the exercise of any right, power, or remedy thereof by any party Party shall not preclude the simultaneous or later exercise of any other such right, power power, or remedy by such partyParty.
Appears in 2 contracts
Sources: Restructuring Support Agreement (Airspan Networks Holdings Inc.), Restructuring Support Agreement (Party City Holdco Inc.)
Remedies Cumulative. All rights, powers rights and remedies provided under by this Agreement or otherwise available in respect hereof existing at law or in equity shall be cumulative of all other rights and not alternativeremedies, and the exercise pursuit of any thereof by one right or remedy shall in no way operate as an exclusive election or otherwise preclude or limit any party shall not preclude the simultaneous or later exercise of from pursuing any other such right, power or remedy by such partyadditional right or remedy.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Miscor Group, Ltd.), Asset Purchase Agreement (CTB International Corp)
Remedies Cumulative. All Except as otherwise provided herein, all rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall will be cumulative and not alternative, and the exercise or beginning of the exercise of any thereof right, power or remedy by any a party shall will not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Autoliv Inc), Stock Purchase Agreement (M/a-Com Technology Solutions Holdings, Inc.)
Remedies Cumulative. All rights, powers and remedies provided under ------------------- this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise or beginning of the exercise of any thereof by any either party shall not preclude the simultaneous or later exercise of any other such rightrights, power or remedy by such party.
Appears in 2 contracts
Sources: Voting Agreement (Excel Realty Trust Inc), Voting Agreement (Excel Realty Trust Inc)
Remedies Cumulative. All rights, powers powers, and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any right, power, or remedy thereof by any party Party shall not preclude the simultaneous or later exercise of any other such right, power power, or remedy by such partyParty, except as otherwise provided herein. 34.
Appears in 2 contracts
Sources: Restructuring Support Agreement (Emergent Capital, Inc.), Restructuring Support Agreement (Emergent Capital, Inc.)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not no alternative, and the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 2 contracts
Sources: Stockholders Agreement (Uniforce Services Inc), Stockholders Agreement (Comforce Corp)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 2 contracts
Sources: Stock Option Agreement (Katz Digital Technologies Inc), Stock Option Agreement (KDT Acquisition Corp)
Remedies Cumulative. All rights, powers powers, and remedies provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity shall be cumulative and not alternative, and the . The exercise of any thereof right, power, or remedy by any party Party shall not preclude the simultaneous or later exercise of any other such right, power power, or remedy by such partyParty.
Appears in 2 contracts
Sources: Restructuring Support Agreement (Gastar Exploration Inc.), Hedge Party Restructuring Support Agreement (Gastar Exploration Inc.)
Remedies Cumulative. All rights, powers and remedies provided under this ------------------- Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise or beginning of the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 2 contracts
Sources: Asset Exchange Agreement (Telecorp PCS Inc), Asset Purchase Agreement (Telecorp Tritel Holding Co)
Remedies Cumulative. All rightsExcept as otherwise expressly provided by this Agreement, powers all rights and remedies provided available to either Party under this Agreement or otherwise available in respect hereof at law or in equity shall be are cumulative and not alternativemay be exercised concurrently or separately, and the exercise of any thereof by any party one right or remedy shall not preclude be deemed an election of such right or remedy to the simultaneous or later exercise of exclusion of, and shall be without prejudice to the availability of, any other such right, power right or remedy by such partyremedy.
Appears in 2 contracts
Sources: Grant Agreement, Grant Agreement
Remedies Cumulative. All rights, powers rights and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity conferred herein shall be cumulative and in addition to all of the rights and remedies available to each party at law, in equity or otherwise. Any enumeration of a party’s rights and remedies in this Agreement is not alternativeintended to be exclusive. The rights of any party under this Agreement may be exercised from time to time, singularly or in combination, and the exercise of any thereof by any party one or more such rights shall not preclude the simultaneous or later exercise be deemed to be a waiver of any other such right, power one or remedy by such partymore of the others.
Appears in 2 contracts
Sources: Distribution Agreement, Distribution Agreement (Therapeutic Solutions International, Inc.)
Remedies Cumulative. All rights, powers and ------------------- remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 2 contracts
Sources: Shareholders Agreement (Toys R Us Inc), Merger Agreement (Toys R Us Inc)
Remedies Cumulative. All Except as otherwise provided in Article X, all rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise or beginning of the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 2 contracts
Sources: Stock and Asset Purchase Agreement (Interactive Data Corp/Ma/), Asset Purchase and Sale Agreement (L 3 Communications Corp)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law Applicable Law or in equity shall be cumulative and not alternative, and the exercise of any right, power or remedy thereof by any party Party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such partyParty.
Appears in 2 contracts
Sources: Refinancing Support Agreement (Alion Science & Technology Corp), Refinancing Support Agreement (Alion Science & Technology Corp)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any thereof by any either party hereto shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 2 contracts
Sources: Voting and Disposition Agreement (Oec Compression Corp), Voting and Disposition Agreement (Hanover Compressor Co /)
Remedies Cumulative. All Except as otherwise provided herein (including Section 6.02 hereof), all rights, powers powers, and remedies provided under this Agreement or otherwise available in respect hereof at law Law or in equity shall be cumulative and not alternative, and the exercise of any right, power, or remedy thereof by any party Party shall not preclude the simultaneous or later exercise of any other such right, power power, or remedy by such partyParty.
Appears in 2 contracts
Sources: Chapter 11 Restructuring Support Agreement (Revlon Consumer Products Corp), Chapter 11 Restructuring Support Agreement (Revlon Consumer Products Corp)
Remedies Cumulative. All rights, powers and remedies provided under ------------------- this Agreement Agreement, or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise or beginning of the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 2 contracts
Sources: Network Membership License Agreement (Triton PCS Inc), Network Membership License Agreement (Telecorp PCS Inc)
Remedies Cumulative. All rights, powers and remedies provided ------------------- under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 2 contracts
Sources: Stockholders Agreement (Gateway 2000 Inc), Stockholders Agreement (Advanced Logic Research Inc)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise or beginning of the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 2 contracts
Sources: Stock Resale Agreement (Video Services Corp), Stock Resale Agreement (Video Services Corp)
Remedies Cumulative. All rights, powers powers, and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power power, or remedy by such party.
Appears in 2 contracts
Sources: Employment Agreement (Odyssey Healthcare Inc), Employment Agreement (Odyssey Healthcare Inc)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof thereof at law or in equity shall be cumulative and not alternative, alternative and the exercise or beginning of the exercise of any thereof by any party either Party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such partyParty. No failure, or delay, on the part of NCC, in exercising any right, power or remedy under this Agreement or as may be otherwise available, shall operate as a waiver thereof.
Appears in 1 contract
Sources: Funding Agreement
Remedies Cumulative. All rights, powers and remedies provided ------------------- for under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise or beginning of the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 1 contract
Sources: Non Competition, Referral and Non Disclosure Agreement (Compucom Systems Inc)
Remedies Cumulative. All Except as otherwise provided in this Agreement, all rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any right, power or remedy thereof by any party Party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such partyParty.
Appears in 1 contract
Remedies Cumulative. All Subject to Section 9.7(b), all rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 1 contract
Remedies Cumulative. All Any right, power or remedy expressly conferred upon any party hereto under this Agreement shall be in addition to, not exclusive of, and without prejudice to all rights, powers and remedies provided under this Agreement or otherwise which would, in the absence of express provision, be available in respect hereof at law or in equity shall to it; and may be cumulative and not alternative, and the exercise of any thereof by any exercised as often as such party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such partyconsiders appropriate.
Appears in 1 contract
Remedies Cumulative. All rights, powers powers, and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any right, power, or remedy thereof by any party Party shall not preclude the simultaneous or later exercise of any other such right, power power, or remedy by such partyParty. [Remainder of page intentionally left blank.]
Appears in 1 contract
Remedies Cumulative. All rights, powers and remedies provided ------------------- under this Agreement Agreement, or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise or beginning of the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 1 contract
Sources: Network Membership License Agreement (Telecorp Tritel Holding Co)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.. 5
Appears in 1 contract
Sources: Stockholders Agreement (Cuc International Inc /De/)
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any thereof by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.. 4 50 (j)
Appears in 1 contract
Sources: Stock Purchase Agreement (Churchill Environmental & Industrial Equity Partners Lp)
Remedies Cumulative. All rights20.1 Except as otherwise expressly provided by this Agreement, powers all rights and remedies provided available to any Party under this Agreement or otherwise available in respect hereof at law or in equity shall be are cumulative and not alternativemay be exercised concurrently or separately, and the exercise of any thereof by any party one right or remedy shall not preclude be deemed an election of such right or remedy to the simultaneous or later exercise of exclusion of, and shall be without prejudice to the availability of, any other such right, power right or remedy by such partyremedy.
Appears in 1 contract
Sources: Sponsored Pcso Funding Agreement
Remedies Cumulative. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any thereof right, power or remedy by any party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 1 contract