Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of the Collateral Agent’s and the Trustee’s rights and remedies is not intended to be exclusive, and such rights and remedies are in addition to and not by way of limitation of any other rights or remedies that the Collateral Agent and the Trustee may have under the UCC, other applicable law or the Indenture Documents. The Collateral Agent and the Trustee shall have the right, in their sole discretion, to determine which rights and remedies are to be exercised and in which order. The exercise of one right or remedy shall not preclude the exercise of any others, all of which shall be cumulative. The Collateral Agent and the Trustee may, without limitation, proceed directly against any Person liable therefor to collect the Obligations without any prior recourse to the Collateral. No failure to exercise and no delay in exercising, on the part of the Collateral Agent or the Trustee, any right, remedy, power, or privilege hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of the Lender's rights and remedies is not intended to be exclusive, and such rights and remedies are in addition to and not by way of limitation of any other rights or remedies that the Lender may have under the UCC or other applicable law. The Lender shall have the right, in its sole discretion, to determine which rights and remedies are to be exercised and in which order. The exercise of one right or remedy shall not preclude the exercise of any others, all of which shall be cumulative. The Lender may, without limitation, proceed directly against the Borrower to collect the Obligations without any prior recourse to the Collateral.
Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of the Agent's and the Lenders' rights and remedies is not intended to be exclusive, and such rights and remedies are in addition to and not by way of limitation of any other rights or remedies that the Agent or any of the Lenders may have under the UCC or other applicable law. The Agent and the Lenders shall have the right, in their sole discretion, and in the manner set forth in this Agreement, to determine which rights and remedies are to be exercised and in which order. The exercise of one right or remedy shall not preclude the exercise of any others, all of which shall be cumulative. The Agent and the Lenders may, without limitation, proceed directly against the Borrower to collect the Obligations without any prior recourse to the Collateral.
Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of the Agent's and each Lender's rights and remedies is not intended to be exclusive, and such rights and remedies are in addition to and not by way of limitation of any other rights or remedies that the Agent and the Lenders may have under the UCC or other applicable law. The Agent and the Lenders shall have the right, in their sole discretion, to determine which rights and remedies are to be exercised and in which order. The exercise of one right or remedy shall not preclude the exercise of any others, all of which shall be cumulative. The Agent and the Lenders may, without limitation, proceed directly against any Person liable therefor to collect the Obligations without any prior recourse to the Collateral. No failure to exercise and no delay in exercising, on the part of the Agent or any Lender, any right, remedy, power or privilege hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. LOAN AND SECURITY AGREEMENT - Page 112 120
Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of Foothill's rights and remedies is not intended to be exclusive, and such rights and remedies are in addition to and not by way of limitation of any other rights or remedies that the Foothill may have under the Loan Agreement, the Loan Documents, the Code, or other applicable law. Foothill shall have the right, in its sole discretion, to determine which rights and remedies are to be exercised and in which order. The exercise of one right or remedy shall not preclude the exercise of any others, all of which shall be cumulative.
Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of the Agent's rights and remedies is not intended to be exclusive, and such rights and remedies are in addition to and not by way of limitation of any other rights or remedies that the Agent may have under the UCC or other applicable law. The Agent shall have the right, in its sole discretion, to determine which rights and remedies are to be exercised and in which order. The exercise of one right or remedy shall not preclude the exercise of any others, all of which shall be cumulative. The Agent may, without limitation, proceed directly against the Borrowers or either of them to collect the Obligations without any prior recourse to the Collateral.
Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of Pledgee's rights and remedies is not intended to be exclusive, and such rights and remedies are in addition to and not by way of limitation of any other rights or remedies that the Pledgee may have under the Loan Agreement, the Loan Documents, the Code, or other applicable law. Pledgee shall have the right, in its sole discretion, to determine which rights and remedies are to be exercised and in which order. The exercise of one right or remedy shall not preclude the exercise of any others, all of which shall be cumulative.
Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of the Secured Party's rights and remedies is not intended to be exclusive, and such rights and remedies are in addition to and not by way of limitation of any other rights or remedies that the Secured Party may have under any other Credit Document or under the UCC or other applicable law. The Secured Party shall have the right, in its sole discretion, to determine which rights and remedies are to be exercised and in which order. The exercise of one right or remedy shall not preclude the exercise of any others, all of which shall be cumulative. The Secured Party may, without limitation, proceed directly against the Debtor to collect the Obligations without any prior recourse to the Collateral, or any other obligor on the Obligations. No failure to exercise and no delay in exercising, on the part of the Secured Party, any right, remedy, power or privilege hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of Lender’s rights and remedies is not intended to be exclusive, and such rights and remedies are in addition to and not by way of limitation of any other rights or remedies that Lender may have under the Promissory Note, the Guaranty Documents, the Code, or other applicable law. Lender shall have the right, in its sole discretion, to determine which rights and remedies are to be exercised and in which order. The exercise of one right or remedy shall not preclude the exercise of any others, all of which shall be cumulative.
Cumulative Remedies; No Prior Recourse to Collateral. 100- 14.2 Severability................................................-100- 14.3 Governing Law; Choice of Forum; Service of Process; Jury Trial Waiver..........................................-100- 14.4 Survival of Representations and Warranties..................-102- 14.5 Other Security and Guaranties...............................-102- 14.6 Fees and Expenses...........................................-102- 14.7 Notices.....................................................-103- 14.8 Indemnity of the Collateral Agent and the Lenders by the Borrowers...........................................-103- 14.9 Limitation of Liability.....................................-104- 14.10 Waiver of Notices..........................................-104- 14.11 Final Agreement; No Strict Construction....................-104- 14.12 Counterparts...............................................-104- 14.13 Captions...................................................-105- 14.14 Right of Set-Off...........................................-105- 14.15 Taxes......................................................-105- 14.16 Joint and Several Liability................................-108- 14.17 Contribution and Indemnification between the Borrowers.....-109- 14.18 Agency of Imation for Enterprises..........................-109- EXHIBITS AND SCHEDULES EXHIBIT A - Form of Borrowing Base Certificate EXHIBIT B-1 - Financial Statements EXHIBIT B-2 - Latest Projections EXHIBIT B-3 - Pro Forma Statements of Borrowers EXHIBIT C - List of Closing Documents EXHIBIT D - Form of Notice of Borrowing EXHIBIT E - Form of Notice of Conversion/Continuation EXHIBIT F - Form of Assignment and Acceptance SCHEDULE 2.2 - Accounts for Loans; Authorized officers SCHEDULE 5.1(b) - Mortgaged Real Estate SCHEDULE 5.3 - Locations of Collateral SCHEDULE 5.15 - Foreign Subsidiaries - Stock to be Pledged SCHEDULE 7.2 - Permitted Liens SCHEDULE 7.3 - Good Standing Jurisdictions SCHEDULE 7.4 - Trade Names SCHEDULE 7.5 - Subsidiaries and Affiliates SCHEDULE 7.10 - Real Estate and Leases; SCHEDULE 7.13 - Litigation SCHEDULE 7.15 - Labor Contracts and Disputes SCHEDULE 7.16 - Environmental Matters SCHEDULE 7.19 - Employee Benefit Plans SCHEDULE 7.27 - Bank Accounts SCHEDULE 8.13 - Debt SCHEDULE 8.14 - Foreign Subsidiary Investments SCHEDULE 13.11 - Lenders' Payment Instructions SCHEDULE 14.7 - Notice Addresses This LOAN AND SECURITY AGREEMENT (the "Agreement") is dated as of December 31, 1998 among IMATION CORP., a Delaware corp...
