Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of each 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 Agents and the Lenders may have under the UCC or other applicable law. The Agents 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 Agents 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 an 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.
Appears in 1 contract
Samples: Loan and Security Agreement (Metals USA Plates & Shapes Southcentral, Inc.)
Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of each 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 Agents and the Lenders may have under the UCC or other applicable law. The Agents and the 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 Agents 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 an any 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.
Appears in 1 contract
Samples: Loan and Security Agreement (EveryWare Global, Inc.)
Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of each the Agent’s 's and each Lender’s '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 Agents Agent and the Lenders may have under the UCC or other applicable law. The Agents 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 Agents Agent and the 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 an the Agent or any 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
Appears in 1 contract
Samples: Loan and Security Agreement (Sweetheart Holdings Inc \De\)
Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of each Agent’s 's and each Lender’s '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 Agents Agent and the Lenders may have under the UCC or other applicable law. The Agents 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 Agents Agent and the 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 an Agent or any 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.
Appears in 1 contract
Samples: Loan and Security Agreement (Southern Energy Homes Inc)
Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of each the Agent’s 's and each Lender’s '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 Agents Agent and the Lenders may have under the UCC or other applicable law. The Agents 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 Agents Agent and the 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 an the Agent or any 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
Appears in 1 contract
Samples: Loan and Security Agreement (Sweetheart Holdings Inc \De\)
Cumulative Remedies; No Prior Recourse to Collateral. The enumeration herein of each the Agent’s 's and each Lender’s '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 Agents Agent and the Lenders may have under the UCC or other applicable law. The Agents 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 Agents Agent and the 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 an the Agent or any 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.
Appears in 1 contract