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 435 contracts
Samples: Stockholders Agreement, Voting Agreement (Aytu Bioscience, Inc), Support Agreement (New York REIT, 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 133 contracts
Samples: Opportunity Agreement, Shareholder 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 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 81 contracts
Samples: Restructuring Support Agreement (CorEnergy Infrastructure Trust, Inc.), Transfer Agreement (National CineMedia, Inc.), Restructuring Support Agreement (Pennsylvania Real Estate Investment Trust)
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 75 contracts
Samples: Restructuring Support Agreement (View, Inc.), Intercreditor Agreement (CURO Group Holdings Corp.), Subscription Agreement (5E Advanced Materials, 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
Samples: 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
Samples: Shareholder Agreement (Laserscope), 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
Samples: Agreement and Plan of Merger (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
Samples: Right of First, 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
Samples: Agreement and Plan of Merger (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 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
Samples: Agreement and Plan of Merger (Teleport Communications Group Inc), Stock Purchase Agreement (Telecorp PCS Inc), Agreement and Plan of Merger (Abc Rail Products 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 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
Samples: Stock Purchase Agreement (Telemar Norte Leste S.A.), Stock Purchase Agreement (Telemig Celular Participacoes Sa), Stock Purchase Agreement (Vivo Participacoes 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. 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
Samples: 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 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 15 contracts
Samples: Intercreditor Agreement (Carvana Co.), Registration Rights Agreement (Lannett Co Inc), Registration Rights Agreement (Lannett Co Inc)
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
Samples: Conversion, Tender and Voting Agreement (NYLCAP Manager LLC), Stock Tender and Voting Agreement (Antioco John F), Conversion, Tender and Voting Agreement (Analex 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 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 15 contracts
Samples: Subscription Agreement (5E Advanced Materials, Inc.), Subscription Agreement (5E Advanced Materials, Inc.), Subscription Agreement (5E Advanced Materials, 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 15 contracts
Samples: Shareholder Agreement Agreement (PMT Services Inc /Tn/), Shareholder Agreement (PMT Services Inc /Tn/), Employment Agreement (Mi Subsidiary I 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
Samples: Stockholders Agreement (Hain Food Group Inc), Voting Agreement (United Rentals Inc), Company Shareholders' Agreement (Eimo Oyj)
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 13 contracts
Samples: Funding Agreement, Funding Agreement, Oqo 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 shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.. (i)
Appears in 12 contracts
Samples: Tender Agreement, Stockholders Agreement Stockholders Agreement (Cable Car Beverage Corp), Stockholder Agreement Agreement (Voith Sulzer Acquisition 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 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
Samples: 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 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 11 contracts
Samples: Amendment Agreement (AMERI Holdings, Inc.), Exchange Agreement (ATRM Holdings, Inc.), Series B Preferred Stock Dividend Agreement (Lone Star Value Management LLC)
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.party (subject to Section 4(f) hereof). (i)
Appears in 10 contracts
Samples: Tender Agreement Agreement (Carnegie Group Inc), Tender Agreement Agreement (Logica PLC / Eng), Tender Agreement Agreement (Carnegie 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 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
Samples: Voting Agreement (Intelligent Controls Inc), Secondary Voting Agreement (Miltope Group Inc), Confidentiality and Noncompetition Agreement (Instron 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 either party shall not preclude the simultaneous or later exercise of any other such rightrights, power or remedy by such party.
Appears in 9 contracts
Samples: Voting Agreement (Westbrook Real Estate Partners LLC), Agreement and Plan of Merger (NDC Automation Inc), Voting Agreement (Sunstone Hotel Investors 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 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
Samples: Purchase and Sale Agreement (United States Cellular Corp), Asset Purchase and Sale Agreement (United States Cellular Corp), Exchange 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
Samples: License Exchange and Acquisition Agreement (Triton PCS Holdings Inc), International Purchase Agreement (Us Foodservice/Md/), Asset Purchase Agreement (Triton PCS Holdings 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
Samples: Master Services Agreement (Global Eagle Entertainment Inc.), Master Services Agreement (Global Eagle Entertainment Inc.), Brand License Agreement (Aol Time Warner 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 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
Samples: Agreement (Loyalty Ventures Inc.), Agreement (Loyalty Ventures Inc.), Agreement
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
Samples: Agreement and Plan of Merger (DarioHealth Corp.), Agreement and Plan of Merger (Invitae Corp), Unit Purchase Agreement (Invitae Corp)
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 7 contracts
Samples: 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 7 contracts
Samples: Inter Group Agreement (Liberty Media Corp /De/), Inter Group Agreement (Liberty Media Corp /De/), 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 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
Samples: Agreement and Plan of Merger (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
Samples: Sale and Purchase Agreement, Underwriting Agreement, Placing 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
Samples: Stockholders Agreement (Carson Inc), Stock Purchase Agreement (Playcore Inc), Securities Agreement (Bell Sports Corp)
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
Samples: 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 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
Samples: 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 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
Samples: Agreement (Ibero American Media Partners Ii LTD), Combination Agreement (El Sitio Inc), 1945 Carlton Investments LLC
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
Samples: Voting Agreement (Vina Technologies Inc), Vina Voting Agreement (Larscom 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 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
Samples: Shareholders Agreement (Cuc International Inc /De/), Stock Option and Right of First Refusal Agreement (Brant Benjamin J), Stockholder Agreement (Amcon Distributing 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 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
Samples: 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 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
Samples: Agreement and Plan of Merger (BWC Financial Corp), Tender and Voting Agreement (Statoil Asa), Tender and Voting Agreement (Brigham Exploration Co)
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
Samples: Development Agreement, Development Agreement (Global Growth Trust, Inc.), Development Agreement (Global Growth Trust, Inc.)
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
Samples: Master Joint Venture Agreement (Thermolase Corp), Master Agreement (DealerTrack Holdings, Inc.), Thermolase 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
Samples: 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
Samples: Plan Sponsor Agreement, Assignment and Assumption (Warren Resources Inc), Assignment and Assumption (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 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
Samples: Voting Agreement (Harris Interactive Inc), Voting Agreement (Total Research Corp), Voting Agreement (Harris Interactive Inc)
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
Samples: Voting Agreement (Fortune Brands Inc), Voting and Support Agreement (Alternative Asset Management Acquisition Corp.), Voting Agreement (Heinz H J 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 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
Samples: Clearing Link Services Agreement, Link Clearing Agreement, Agreement and Plan of Merger (Telecorp Tritel Holding Co)
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
Samples: 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 hereto shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 3 contracts
Samples: Voting Agreement (Digital Generation Systems Inc), Voting Agreement (Digital Generation Systems Inc), Services 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 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
Samples: Agreement and Plan of Merger (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 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
Samples: GSM Operating Agreement (Dobson Communications Corp), GSM Operating Agreement (Dobson Communications Corp), GSM Operating Agreement (American Cellular 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 3 contracts
Samples: 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 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
Samples: Transaction Support Agreement (JOANN Inc.), Transaction Support Agreement (Neiman Marcus Group LTD LLC), neiman.gcs-web.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 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
Samples: Voting Agreement (Flores James C), Voting Agreement (Santos International Holdings Pty Ltd.), Voting Agreement (Kayne Anderson Capital Advisors Lp)
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
Samples: Stockholders Agreement (Cytyc Corp), Stockholder's Agreement (Agfa Corp), Stockholders' Agreement (Agfa Corp)
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
Samples: 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 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
Samples: Voting Agreement (Saflink Corp), Voting Agreement (Saflink Corp), Voting Agreement (Saflink Corp)
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 3 contracts
Samples: Lease Agreement, Short Term Spectrum Manager Lease Agreement, Lease Agreement (Terrestar 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 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
Samples: Purchase Agreement, Purchase Agreement, Purchase Agreement (Elandia, 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 3 contracts
Samples: 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 shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 3 contracts
Samples: Tender Agreement (Newpower Holdings Inc), Tender Agreement (Newpower Holdings Inc), Tender Agreement (Newpower 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
Samples: Services Agreement (Freeport Holdings Series LLC), Services Agreement (Freeport Holdings Series LLC), Services Agreement (Freeport Holdings Series LLC)
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
Samples: Stock and Asset Purchase Agreement (Interactive Data Corp/Ma/), Asset Purchase and Sale Agreement (L 3 Communications 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
Samples: Agreement (Odyssey Healthcare Inc), Agreement (Odyssey Healthcare Inc)
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
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
Samples: Stock Option Agreement (Katz Digital Technologies Inc), Stock Option Agreement (KDT 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 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
Samples: Voting Agreement (Excel Realty Trust Inc), Voting Agreement (Excel Realty 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.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Toys R Us Inc), Shareholders Agreement (Toys R Us Inc)
Remedies Cumulative. All rights, powers The rights and remedies provided of a party available under this Agreement or otherwise available in respect hereof at law or in equity shall be are cumulative and not alternativemay be exercised singularly or concurrently, and the exercise of any thereof by any party one or more remedy shall not preclude the simultaneous or later exercise constitute a waiver of any other such rightavailable remedy. No act, power delay, omission, or remedy by such course of dealing between the parties hereto shall be constitute a waiver of a party's rights or remedies available under this Agreement.
Appears in 2 contracts
Samples: Security Agreement (Phototron Holdings, Inc.), Asset Purchase Agreement (Phototron Holdings, 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
Samples: Management Services Agreement (DISH Network CORP), Management Services Agreement (DISH Network 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 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
Samples: Support Agreement (Jp Foodservice Inc), Support Agreement (Jp Foodservice Inc)
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. 16.18.
Appears in 2 contracts
Samples: Support Agreement (Windstream Services, LLC), Windstream Services, LLC
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. 16.19.
Appears in 2 contracts
Samples: Appgate, Inc., Cyxtera Technologies, 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 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
Samples: Voting and Disposition Agreement (Oec Compression Corp), Voting and Disposition Agreement (Hanover Compressor Co /)
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
Samples: 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 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
Samples: Asset Purchase Agreement (Telecorp Tritel Holding Co), Asset Exchange 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 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
Samples: 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 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
Samples: Restructuring Support Agreement (Airspan Networks Holdings Inc.), Credit 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
Samples: Asset Purchase Agreement (Miscor Group, Ltd.), Asset Purchase Agreement (CTB International 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
Samples: Network Membership License Agreement (Telecorp PCS Inc), Network Membership License Agreement (Triton PCS 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
Samples: 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
Samples: Stockholders Agreement (Comforce Corp), Stockholders Agreement (Uniforce Services 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
Samples: Stockholders Agreement (Gateway 2000 Inc), Stockholders Agreement (Advanced Logic Research Inc)
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
Samples: Transfer Agreement (Gastar Exploration Inc.), Intercreditor Agreement (Gastar Exploration 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
Samples: Voting and Support Agreement (Eye Care Centers of America Inc), Voting and Support Agreement (Eye Care Centers of America Inc)
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
Samples: Restructuring Term Sheet (Revlon Consumer Products Corp), Revlon Consumer Products 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
Samples: Stock Purchase Agreement (M/a-Com Technology Solutions Holdings, Inc.), Stock Purchase Agreement (Autoliv 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 1 contract
Samples: Stock Resale Agreement (Signal Apparel Company Inc)
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 or remedy by such party.52
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 party.Party. β
Appears in 1 contract
Samples: Agreement (Pacific Drilling S.A.)
Remedies Cumulative. All rights, powers and remedies provided under this Lock Up 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 1 contract
Samples: Escrow Agreement (NeoStem, 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.. 5
Appears in 1 contract
Samples: Stockholders Agreement Agreement (Cuc International Inc /De/)
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
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.not
Appears in 1 contract
Samples: Stockholders Agreement 2 Stockholders Agreement (Mutual Risk Management LTD)
Remedies Cumulative. All Except as otherwise provided in Article X and Article XII, 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 1 contract
Samples: Asset Purchase and Sale Agreement (Laclede Steel Co /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 shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 1 contract
Samples: Exchange Agreement (Wickes 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 either party shall not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.
Appears in 1 contract
Samples: Voting Agreement (U S Wireless 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 1 contract
Samples: Ii 4 Agreement and Plan of Merger (Petes Brewing Co)
Remedies Cumulative. All Subject to Section 8.2(d) hereof, 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
Samples: Agreement and Plan of Merger (Smith & Wollensky Restaurant Group Inc)
