Common use of Cumulative Remedies; No Prior Recourse to Collateral Clause in Contracts

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 Collateral Agent’s 's and the Trustee’s 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 Collateral Agent and the Trustee Lenders may have under the UCC, UCC or other applicable law or the Indenture Documentslaw. The Collateral Agent and the Trustee 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 Collateral Agent and the Trustee Lenders may, without limitation, proceed directly against any Person liable therefor the Borrower 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 Trusteeany Lender, any right, remedy, power, power or privilege hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of the Collateral Agent’s 's and the Trustee’s 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 Collateral Agent and the Trustee Lenders may have under the UCC, UCC or other applicable law or the Indenture Documentslaw. The Collateral Agent and the Trustee 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 Collateral Agent and the Trustee 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 Collateral Agent or the Trusteeany 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.

Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of the Collateral Agent’s and the Trusteeeach 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 Collateral Agent and the Trustee Lenders may have under the UCC, UCC or other applicable law or the Indenture Documentslaw. The Collateral Agent and the Trustee 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 Collateral Agent and the Trustee Lenders may, without limitation, proceed directly against any Person liable therefor the Borrower 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 Trusteeany Lender, any right, remedy, power, power or privilege hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

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, power or privilege hereunder, hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of the Collateral Agent’s 's and the Trustee’s 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 Collateral Agent and the Trustee Lenders may have under the UCC, UCC or other applicable law or the Indenture Documentslaw. The Collateral Agent and the Trustee 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 Collateral Agent and the Trustee Lenders may, without limitation, proceed directly against any Person liable therefor or all of the Loan Parties 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 Trusteeany Lender, any right, remedy, power, power or privilege hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of the Collateral Agent’s 's and the Trustee’s 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 Collateral Agent and the Trustee Lenders may have under the UCC, UCC or other applicable law or the Indenture Documentslaw. The Collateral Agent and the Trustee 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 exer- cise of any others, all of which shall be cumulative. The Collateral Agent and the Trustee Lenders may, without limitation, proceed directly against any Person liable therefor the Borrower 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 Trusteeany Lender, any right, remedy, power, power or privilege hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of the Collateral each Agent’s and the Trusteeeach other 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 Collateral Agent Agents and the Trustee other Secured Parties may have under the UCC, UCC or other applicable law or the Indenture Documentslaw. The Collateral Agent Agents and the Trustee other Secured Parties 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 Agents and the Trustee other Secured Parties 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 an Agent or the Trusteeany other 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 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 other 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 Collateral Agent’s 's and the Trustee’s 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 Collateral Agent and the Trustee Lenders may have under the UCC, UCC or other applicable law or the Indenture Documentslaw. The Collateral Agent and the Trustee 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 Collateral Agent and the Trustee Lenders may, without limitation, when an Event of Default exists, proceed directly against the Borrower or any Person liable therefor other Loan Party 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 Trusteeany Lender, any right, remedy, power, power or privilege hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of the Collateral Agent’s and the Trustee’s 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 Collateral Agent and the Trustee Secured Party may have under any other Loan Document or under the UCC, UCC or other applicable law or the Indenture Documentslaw. The Collateral Agent and the Trustee Secured Party shall have the right, in their its sole discretion, to determine which rights and remedies are to be exercised by the Secured Party 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 Following (i) the occurrence and during the Trustee continuance of an Event of Default and (ii) the acceleration of the debt evidenced by the Note, the Secured Party may, without limitation, proceed directly against any Person liable therefor 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 Collateral Agent or the TrusteeSecured Party, any right, remedy, power, power or privilege hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of the Collateral Agent’s 's and the Trustee’s 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 Collateral Agent and the Trustee Lenders may have under the UCC, UCC or other applicable law or the Indenture Documentslaw. The Collateral Agent and the Trustee 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 Collateral Agent and the Trustee Lenders may, without limitation, proceed directly against any Person liable therefor the Borrower to collect the Obligations without any prior recourse to the Collateral, the Pledged Collateral or the Guarantor Collateral. No failure to exercise and no delay in exercising, on the part of the Collateral Agent or the Trusteeany Lender, any right, remedy, power, power or privilege hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of the Collateral Agent’s 's and the Trustee’s 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 Collateral Agent and the Trustee Lenders may have under the UCC, UCC or other applicable law or the Indenture Documentslaw. The Collateral Agent and the Trustee 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 Collateral Agent and the Trustee Lenders may, without limitation, proceed directly against any Person liable therefor the Borrowers 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 Trusteeany Lender, any right, remedy, power, power or privilege hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of the Collateral Agent’s 's and the Trustee’s 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 Collateral Agent and the Trustee Lenders may have under the UCC, UCC or other applicable law or the Indenture Documentslaw. The Collateral Agent and the Trustee 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 Collateral Agent and the Trustee Lenders may, without limitation, proceed directly against any Person liable therefor or all of the Borrowers or other Acme Parties 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 Trusteeany Lender, any right, remedy, power, power or privilege hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of the Collateral Agent’s 's and the Trustee’s 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 Collateral Agent and the Trustee Lenders may have under the UCC, UCC or other applicable law or the Indenture Documentslaw. The Collateral Agent and the Trustee 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 Collateral Agent and the Trustee 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 Collateral Agent or the Trusteeany 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.

Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of the Collateral each Agent’s and the Trusteeeach 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 Collateral Agent Agents and the Trustee Lenders may have under the UCC, UCC or other applicable law or the Indenture Documentslaw. The Collateral Agent Agents and the Trustee Lenders shall have the right, in their sole reasonable 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 Agents and the Trustee 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 Collateral any Agent or the Trusteeany 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.

Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of the Collateral Agent’s 's and the Trustee’s 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 Collateral Agent and the Trustee Lenders may have under the UCC, UCC or other applicable law or the Indenture Documentslaw. The Collateral Agent and the Trustee 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 Collateral Agent and the Trustee Lenders may, without limitation, proceed directly against the Borrower or any other 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 Trusteeany Lender, any right, remedy, power, power or privilege hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of the Collateral Agent’s 's and the Trustee’s 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 Collateral Agent and the Trustee Lenders may have under the UCC, UCC or other applicable law or the Indenture Documentslaw. The Collateral Agent and the Trustee 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 Collateral Agent and the Trustee Lenders may, without limitation, proceed directly against any Person liable therefor the Borrower or other Loan Parties 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 Trusteeany Lender, any right, remedy, power, power or privilege hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of the Collateral Agent’s and the Trustee’s 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 Collateral Agent and the Trustee Secured Party may have under any other Loan Document or under the UCC, UCC or other applicable law or the Indenture Documentslaw. The Collateral Agent and the Trustee Secured Party shall have the right, in their its sole discretion, to determine which rights and remedies are to be exercised by the Secured Party 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 Following (i) the occurrence and during the Trustee continuance of an Event of Default and (ii) the acceleration of the debt evidenced by the Note, the Secured Party may, without limitation, proceed directly against any Person liable therefor the Grantors 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 Collateral Agent or the TrusteeSecured Party, any right, remedy, power, power or privilege hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Cumulative Remedies; No Prior Recourse to Collateral. The enumeration ---------------------------------------------------- herein of the Collateral Agent’s 's and the Trustee’s 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 Collateral Agent and the Trustee Lenders may have under the UCC, UCC or other applicable law or the Indenture Documentslaw. The Collateral Agent and the Trustee 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 Collateral Agent and the Trustee Lenders may, without limitation, proceed directly against any Person liable therefor the Borrower 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 Trusteeany Lender, any right, remedy, power, power or privilege hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of the Collateral each Agent’s and the Trusteeeach 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 Collateral Agent Agents and the Trustee Lenders may have under the UCC, UCC or other applicable law or the Indenture Documentslaw. The Collateral Agent Agents and the Trustee 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 Collateral Agent Agents and the Trustee 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 Collateral an Agent or the Trusteeany 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.

Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of the Collateral Agent’s 's and the Trustee’s 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 Collateral Agent and the Trustee Lenders may have under the UCC, UCC or other applicable law or the Indenture Documentslaw. The Collateral Agent and the Trustee 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 Collateral Agent and the Trustee Lenders 77 may, without limitation, proceed directly against any Person liable therefor the Borrower to collect the Obligations without any prior recourse to the Collateral, the Pledged Collateral or the Guarantor Collateral. No failure to exercise and no delay in exercising, on the part of the Collateral Agent or the Trusteeany Lender, any right, remedy, power, power or privilege hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of the Collateral Agent’s 's and the Trustee’s 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 Collateral Agent and the Trustee Lenders may have under the UCC, UCC or other applicable law or the Indenture Documentslaw. The Collateral Agent and the Trustee 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 Collateral Agent and the Trustee 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 Collateral Agent or the Trusteeany Lender, any right, remedy, power, power or privilege hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.. LOAN AND SECURITY AGREEMENT - Page 112 120

Cumulative Remedies; No Prior Recourse to Collateral. The ---------------------------------------------------- enumeration herein of the Collateral Agent’s 's and the Trustee’s 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 Collateral Agent and the Trustee Lenders may have under the UCC, UCC or other applicable law or the Indenture Documentslaw. The Collateral Each of Agent and the Trustee 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 Collateral Agent and the Trustee Lenders may, without limitation, proceed directly against any Person liable therefor Borrower 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 Trusteeany Lender, any right, remedy, power, power or privilege hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Cumulative Remedies; No Prior Recourse to Collateral. The enumeration ---------------------------------------------------- herein of the Collateral Agent’s 's and the Trustee’s 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 Collateral Agent and the Trustee Lenders may have under the UCC, UCC or other applicable law or the Indenture Documentslaw. The Collateral Each of Agent and the Trustee 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 Collateral Agent and the Trustee Lenders may, without limitation, proceed directly against any Person liable therefor Borrower 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 Trusteeany Lender, any right, remedy, power, power or privilege hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of the Collateral Agent’s 's and the Trustee’s 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 Collateral Agent and the Trustee Lenders may have under the UCC, UCC or other applicable law or the Indenture Documentslaw. The Collateral Agent and the Trustee 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 Collateral Agent and the Trustee Lenders may, without limitation, proceed directly against any Person liable therefor Borrower or any other Loan Party 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 Trusteeany Lender, any right, remedy, power, power or privilege hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of the Collateral Agent’s 's and the Trustee’s 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 Collateral Agent and the Trustee Lenders may have under the UCC, UCC or other applicable law or the Indenture Documentslaw. The Collateral Agent and the Trustee 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 Collateral Agent and the Trustee Lenders may, without limitation, proceed directly against the Borrower or any other 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 Trusteeany Lender, any right, remedy, power, power or privilege hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.. 140

Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of the Collateral Agent’s 's and the Trustee’s 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 Collateral Agent and the Trustee Lenders may have under the UCC, UCC or other applicable law or the Indenture Documentslaw. The Collateral Agent and the Trustee 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 Collateral Agent and the Trustee Lenders may, without limitation, proceed directly against any Person liable therefor a Borrower 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 Trusteeany Lender, any right, remedy, power, power or privilege hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of the Collateral Agent’s 's and the Trustee’s 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 Collateral Agent and the Trustee Lenders may have under the UCC, UCC or other applicable law or the Indenture Documentslaw. The Collateral Agent and the Trustee 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 Collateral Agent and the Trustee Lenders may, without limitation, proceed directly against the Borrower or any other 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 Trusteeany Lender, any right, remedy, power, power or privilege hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.. 133

Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of the Collateral Agent’s and the Trustee’s 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 Collateral Agent and the Trustee Lender may have under the UCC, UCC or other applicable law or the Indenture Documentslaw. The Collateral Agent and the Trustee Lender shall have the right, in their 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 Collateral Agent and the Trustee Lender may, without limitation, proceed directly against any Person liable therefor the Borrower 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 TrusteeLender, any right, remedy, power, power or privilege hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Cumulative Remedies; No Prior Recourse to Collateral. The enumeration -------------------------------------------------------- herein of the Collateral Agent’s 's and the Trustee’s 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 Collateral Agent and the Trustee Lenders may have under the UCC, UCC or other applicable law or the Indenture Documentslaw. The Collateral Agent and the Trustee 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 Collateral Agent and the Trustee Lenders may, without limitation, proceed directly against any Person liable therefor the Borrower 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 Trusteeany Lender, any right, remedy, power, power or privilege hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of the Collateral Agent’s and the TrusteeAgent’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 Agent may have under the UCC, other applicable law or the Indenture Loan Documents. The Collateral Agent and the Trustee Agent 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 Agent 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 TrusteeAgent, 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 Collateral Agent’s 's and the Trustee’s 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 Collateral Agent and the Trustee Lenders may have under the UCC, UCC or other applicable law or the Indenture Documentslaw. The Collateral Agent and the Trustee 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 othersother, all of which shall be cumulative. The Collateral Agent and the Trustee Lenders may, without limitation, proceed directly against each or any Person liable therefor Borrower 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 Trusteeany Lender, any right, remedy, power, power or privilege hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of the Collateral Administrative Agent’s 's and the Trustee’s 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 Collateral Administrative Agent and the Trustee Lenders may have under the UCC, UCC or other applicable law or the Indenture Documentslaw. The Collateral Administrative Agent and the Trustee 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 Collateral Administrative Agent and the Trustee Lenders may, without limitation, proceed directly against any Person liable therefor or all of the Credit Parties 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 Administrative Agent or the Trusteeany Lender, any right, remedy, power, power or privilege hereunder, shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.