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.
Appears in 2 contracts
Samples: Loan and Facilities Agreement (Bh Re LLC), Loan and Facilities Agreement (Bh Re LLC)
Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of the Agent's and the Lenders' 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 or any of 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, 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 any Borrower to collect the Obligations without any prior recourse to the Collateral.
Appears in 2 contracts
Samples: Loan and Security Agreement (Laclede Steel Co /De/), Loan and Security Agreement (Laclede Steel Co /De/)
Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein in this Agreement or any other Loan Document of the Agent's and the Lenders' 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 Lenders' Agent or any of the Lenders may have under the UCC or other applicable law. The Lenders' Agent and the Lenders shall have the right, in their its 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 under or in connection with this Agreement or any other Loan Document shall not preclude the exercise of any others, all of which shall be cumulative. The Lenders' Agent and the Lenders may, without limitation, proceed directly against the Borrower any Option Care Person to collect the Obligations without any prior recourse to the Collateral.
Appears in 1 contract
Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein or in the Loan Documents of the Agent's and the βs and/or Lenders' β 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 and/or Lenders may have under the UCC PPSA of each jurisdiction where any Collateral may be located, or other applicable lawlaw or the Loan Documents. The Agent and the and/or Lenders shall have the right, in its and 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 and/or Lenders may, without limitation, proceed directly against the Borrower any or all Obligors to collect the Obligations or Guaranteed Obligations without any prior recourse to the Collateral.
Appears in 1 contract
Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of the Agent's 's, the Issuing Bank'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 Agent, the Issuing Bank, 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 Agent, the Issuing Bank, and the Lenders may, without limitation, proceed directly against the Borrower Borrowers to collect the Obligations without any prior recourse to the Collateral.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Penn Traffic Co)
Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of the Collateral Agent's and the Lenders' 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 or any of and the Lenders may have under the UCC or other applicable law. The Collateral 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 Collateral Agent and the Lenders may, without limitation, proceed directly against the either Borrower to collect the Obligations without any prior recourse to the CollateralCollateral or other property securing the Obligations.
Appears in 1 contract
Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of the Agent's and the Lenders' 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 or any of 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, 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.. No failure to
Appears in 1 contract
Samples: Loan and Security Agreement (Fruit of the Loom LTD)
Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of the Agent's and the Lenders' 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 or any of and the Lenders may have under the UCC UCC, the PPSA 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 any or all Borrowers to collect the Obligations without any prior recourse to the Collateral.
Appears in 1 contract
Samples: Loan and Security Agreement (Roadmaster Industries Inc)