Common use of Cumulative Remedies; No Waiver; Other Security Clause in Contracts

Cumulative Remedies; No Waiver; Other Security. Lender’s remedies under this Loan Agreement are cumulative (whether set forth in this Article 11 or in any other section of this Loan Agreement) with those in the other Loan Documents and otherwise permitted by law or in equity and may be exercised independently, concurrently or successively in Lender’s sole discretion and as often as occasion therefor shall arise. Lender’s delay or failure to accelerate the Loan or exercise any other remedy upon the occurrence of an Event of Default shall not be deemed a waiver of such right as remedy. No partial exercise by Lender of any right or remedy will preclude further exercise thereof. Notice or demand given to Borrower in any instance will not entitle Borrower to notice or demand in similar or other circumstances (except where notice is expressly required by this Loan Agreement to be given) nor constitute Lender’s waiver of its right to take any future action in any circumstance without notice or demand. Lender may release security for the Loan, may release any party liable therefor, may grant extensions, renewals or forbearances with respect thereto, may accept a partial or past due payment or grant other indulgences, or may apply any other security held by it to payment of the Loan, in each case without prejudice to its rights under the Loan Documents and without such action being deemed an accord and satisfaction or a reinstatement of the Loan. Lender will not be deemed as a consequence of its delay or failure to act, or any forbearance granted, to have waived or be estopped from exercising any of its rights or remedies.

Cumulative Remedies; No Waiver; Other Security. Lender’s 's remedies under this Loan Agreement are cumulative (whether set forth in this Article 11 or in any other section of this Loan Agreement) with those in the other Loan Documents and otherwise permitted by law or in equity and may be exercised independently, concurrently or successively in Lender’s 's sole discretion and as often as occasion therefor shall arise. Lender’s 's delay or failure to accelerate the Loan or exercise any other remedy upon the occurrence of an Event of Default shall not be deemed a waiver of such right as remedy. No partial exercise by Lender of any right or remedy will preclude further exercise thereof. Notice or demand given to Borrower in any instance will not entitle Borrower to notice or demand in similar or other circumstances (except where notice is expressly required by this Loan Agreement to be given) nor constitute Lender’s 's waiver of its right to take any future action in any circumstance without notice or demand. Lender may release security for the Loan, may release any party liable therefor, may grant extensions, renewals or forbearances with respect thereto, may accept a partial or past due payment or grant other indulgences, or may apply any other security held by it to payment of the Loan, in each case without prejudice to its rights under the Loan Documents and without such action being deemed an accord and satisfaction or a reinstatement of the Loan. Lender will not be deemed as a consequence of its delay or failure to act, or any forbearance granted, to have waived or be estopped from exercising any of its rights or remedies.

Cumulative Remedies; No Waiver; Other Security. Lender’s 's remedies under this Loan Agreement are cumulative (whether set forth in this Article 11 or in any other section of this Loan Agreement) with those in the other Loan Documents and otherwise permitted by law or in equity and and, to the extent permitted by applicable law, may be exercised independently, concurrently or successively in Lender’s 's sole discretion and as often as occasion therefor shall arise. Lender’s 's delay or failure to accelerate the Loan or exercise any other remedy upon the occurrence of an Event of Default shall not be deemed a waiver of such right as remedy. No partial exercise by Lender of any right or remedy will preclude further exercise thereof. Notice or demand given to Borrower in any instance will not entitle Borrower to notice or demand in similar or other circumstances (except where notice is expressly required by this Loan Agreement to be given) nor constitute Lender’s 's waiver of its right to take any future action in any circumstance without notice or demand. Lender may release security for the Loan, may release any party liable therefor, may grant extensions, renewals or forbearances with respect thereto, may accept a partial or past due payment or grant other indulgences, or may apply any other security held by it to payment of the Loan, in each case without prejudice to its rights under the Loan Documents and without such action being deemed an accord and satisfaction or a reinstatement of the Loan. Lender will not be deemed as a consequence of its delay or failure to act, or any forbearance granted, to have waived or be estopped from exercising any of its rights or remedies.

Cumulative Remedies; No Waiver; Other Security. Lender’s remedies under this Loan Agreement are cumulative (whether set forth in this Article 11 or in any other section Section of this Loan Agreement) with those in the other Loan Documents and otherwise permitted by law or in equity and may be exercised independently, concurrently or successively in Lender’s sole discretion and as often as occasion therefor shall arise. Lender’s delay or failure to accelerate the Loan or exercise any other remedy upon the occurrence of an Event of Default shall not be deemed a waiver of such right as remedy. No partial exercise by Lender of any right or remedy will preclude further exercise thereof. Notice or demand given to Borrower in any instance will not entitle Borrower to notice or demand in similar or other circumstances (except where notice is expressly required by this Loan Agreement to be given) nor constitute Lender’s waiver of its right to take any future action in any circumstance without notice or demand. Lender may release security for the Loan, may release any party liable therefor, may grant extensions, renewals or forbearances with respect thereto, may accept a partial or past due payment or grant other indulgences, or may apply any other security held by it to payment of the Loan, in each case without prejudice to its rights under the Loan Documents and without such action being deemed an accord and satisfaction or a reinstatement of the Loan. Lender will not be deemed as a consequence of its delay or failure to act, or any forbearance granted, to have waived or be estopped from exercising any of its rights or remedies.

Cumulative Remedies; No Waiver; Other Security. Lender’s 's remedies under this Loan Agreement are cumulative (whether set forth in this Article 11 6 or in any other section of this Loan Agreement) with those in the other Loan Documents and otherwise permitted by law or in equity and may be exercised independently, concurrently or successively in Lender’s 's sole discretion and as often as occasion therefor shall arise. Lender’s 's delay or failure to accelerate the Loan or exercise any other remedy upon the occurrence of an Event of Default shall not be deemed a waiver of such right as remedy. No partial exercise by Lender of any right or remedy will preclude further exercise thereof. Notice or demand given to Borrower in any instance will not entitle Borrower to notice or demand in similar or other circumstances (except where notice is expressly required by this Loan Agreement to be given) nor constitute Lender’s 's waiver of its right to take any future action in any circumstance without notice or demand. Lender may release security for the Loan, may release any party liable therefor, may grant extensions, renewals or forbearances with respect thereto, may accept a partial or past due payment or grant other indulgences, or may apply any other security held by it to payment of the Loan, in each case without prejudice to its rights under the Loan Documents and without such action being deemed an accord and satisfaction or a reinstatement of the Loan. Lender will not be deemed as a consequence of its delay or failure to act, or any forbearance granted, to have waived or be estopped from exercising any of its rights or remedies.

Cumulative Remedies; No Waiver; Other Security. Lender’s remedies under this Loan Agreement are cumulative (whether set forth in this Article 11 8 or in any other section of this Loan Agreement) with those in the other Loan Documents and otherwise permitted by law or in equity and may be exercised independently, concurrently or successively in Lender’s sole discretion and as often as occasion therefor shall arise. Lender’s delay or failure to accelerate the Loan or exercise any other remedy upon the occurrence of an Event of Default shall not be deemed a waiver of such right as remedy. No partial exercise by Lender of any right or remedy will preclude further exercise thereof. Notice or demand given to Borrower in any instance will not entitle Borrower to notice or demand in similar or other circumstances (except where notice is expressly required by this Loan Agreement to be given) nor constitute Lender’s waiver of its right to take any future action in any circumstance without notice or demand. Lender may release security for the Loan, may release any party liable therefor, may grant extensions, renewals or forbearances with respect theretoto the New Note, may accept a partial or past due payment or grant other indulgences, or may apply any other security held by it to payment of the Loan, in each case without prejudice to its rights under the Loan Documents this Agreement and without such action being deemed an accord and satisfaction or a reinstatement of the Loanreinstatement. Lender will not be deemed as a consequence of its delay or failure to act, or any forbearance granted, to have waived or be estopped from exercising any of its rights or remedies.

Cumulative Remedies; No Waiver; Other Security. Lender’s remedies under this Loan Agreement Security Instrument are cumulative (whether set forth in this Article 11 or in any other section of this Loan Agreement) with those the remedies provided in the other Loan Documents and otherwise permitted Documents, by law or in equity and may be exercised independently, concurrently or successively in Lender’s sole discretion and as often as occasion therefor therefore shall arise. Lender’s delay or failure to accelerate the Loan or exercise any other remedy upon the occurrence of an Event of Default shall not be deemed a waiver of such right as remedy. No partial exercise by Lender of any right or remedy will preclude further exercise thereof. Notice or demand given to Borrower in any instance will not entitle Borrower to notice or demand in similar or other circumstances (except where notice is expressly required by this Loan Agreement to be given) nor constitute Lender’s waiver of its right to take any future action in any circumstance without notice or demanddemand (except where expressly required by this Security Instrument to be given). Lender may release other security for the LoanDebt, may release any party liable thereforfor the Debt, may grant extensions, renewals or forbearances with respect thereto, may accept a partial or past due payment or grant other indulgences, or may apply any other security held by it to payment of the LoanDebt, in each case without prejudice to its rights under the Loan Documents this Security Instrument and without such action being deemed an accord and satisfaction or a reinstatement of the LoanDebt. Lender will not be deemed as a consequence of its delay or failure to act, or any forbearance forbearances granted, to have waived or be estopped from exercising any of its rights or remedies.

Cumulative Remedies; No Waiver; Other Security. Lender’s remedies under this Loan Agreement Security Instrument are cumulative (whether set forth in this Article 11 or in any other section of this Loan Agreement) with those the remedies provided in the other Loan Documents and otherwise permitted Documents, by law or in equity and may be exercised independently, concurrently or successively in Lender’s sole discretion and as often as occasion therefor therefore shall arise. Lender’s delay or failure to accelerate any of the Loan Loans or exercise any other remedy upon the occurrence of an Event of Default shall not be deemed a waiver of such right as remedy. No partial exercise by Lender of any right or remedy will preclude further exercise thereof. Notice or demand given to Borrower in any instance will not entitle Borrower to notice or demand in similar or other circumstances (except where notice is expressly required by this Loan Agreement to be given) nor constitute Lender’s waiver of its right to take any future action in any circumstance without notice or demanddemand (except where expressly required by this Security Instrument to be given). Lender may release other security for the LoanDebt, may release any party liable thereforfor the Debt, may grant extensions, renewals or forbearances with respect thereto, may accept a partial or past due payment or grant other indulgences, or may apply any other security held by it to payment of the LoanDebt, in each case without prejudice to its rights under the Loan Documents this Security Instrument and without such action being deemed an accord and satisfaction or a reinstatement of the LoanDebt. Lender will not be deemed as a consequence of its delay or failure to act, or any forbearance forbearances granted, to have waived or be estopped from exercising any of its rights or remedies.

Cumulative Remedies; No Waiver; Other Security. Lender’s remedies under this Loan Agreement are cumulative (whether set forth in this Article 11 or in any other section of this Loan Agreement) with those in the other Loan Documents and otherwise permitted by law or in equity and may be exercised independently, concurrently or successively in Lender’s sole discretion and as often as occasion therefor shall arise. Lender’s delay or failure to accelerate the Loan or exercise any other remedy upon the occurrence of an Event of Default shall not be deemed a waiver of such right as remedy. No partial exercise by Lender of any right or remedy will preclude further exercise thereof. Notice or demand given to Borrower in any instance will not entitle Borrower to notice or demand in similar or other circumstances (except where notice is expressly required by this Loan Agreement or the other Loan Documents to be given) nor constitute Lender’s waiver of its right to take any future action in any circumstance without notice or demand. Lender may release security for the Loan, may release any party liable therefor, may grant extensions, renewals or forbearances with respect thereto, may accept a partial or past due payment or grant other indulgences, or may apply any other security held by it to payment of the Loan, in each case without prejudice to its rights under the Loan Documents and without such action being deemed an accord and satisfaction or a reinstatement of the Loan. Lender will not be deemed as a consequence of its delay or failure to act, or any forbearance granted, to have waived or be estopped from exercising any of its rights or remedies.

Cumulative Remedies; No Waiver; Other Security. Lender’s 's remedies under this Loan Agreement are cumulative (whether set forth in this Article 11 or in any other section of this Loan Agreement) with those in the other Loan Documents and otherwise permitted by law or in equity and may be exercised independently, concurrently or successively in Lender’s 's sole discretion and as often as occasion therefor shall arise. Lender’s 's delay or failure to accelerate the Loan or exercise any other remedy upon the occurrence of an Event of Default shall not be deemed a waiver of such right as remedy. No partial exercise by Lender of any right or remedy will preclude further exercise thereof. , Notice or demand given to Borrower in any instance will not entitle Borrower to notice or demand in similar or other circumstances (except where notice is expressly required by this Loan Agreement to be given) nor constitute Lender’s 's waiver of its right to take any future action in any circumstance without notice or demand. Lender may release security for the Loan, may release any party liable therefor, may grant extensions, renewals or forbearances with respect thereto, may accept a partial or past due payment or grant other indulgences, or may apply any other security held by it to payment of the Loan, in each case without prejudice to its rights under the Loan Documents and without such action being deemed an accord and satisfaction or a reinstatement of the Loan. Lender will not be deemed as a consequence of its delay or failure to act, or any forbearance granted, to have waived or be estopped from exercising any of its rights or remedies.. Ply Gem Industries -60-

Cumulative Remedies; No Waiver; Other Security. Lender’s 's remedies under this Loan Agreement are cumulative (whether set forth in this Article 11 or in any other section of this Loan Agreement) with those in the other Loan Documents and otherwise permitted by law or in equity and may be exercised independently, concurrently or successively in Lender’s 's sole discretion and as often as occasion therefor shall arise. Lender’s 's delay or failure to accelerate the Loan or exercise any other remedy upon the occurrence of an Event of Default shall not be deemed a waiver of such right as or remedy. No partial exercise by Lender of any right or remedy will preclude further exercise thereof. Notice or demand given to Borrower in any instance will not entitle Borrower to notice or demand in similar or other circumstances (except where notice is expressly required by this Loan Agreement to be given) nor constitute Lender’s 's waiver of its right to take any future action in any circumstance without notice or demand. Lender may release security for the Loan, may release any party liable therefor, may grant extensions, renewals or forbearances with respect thereto, may accept a partial or past due payment or grant other indulgences, or may apply any other security held by it to payment of the Loan, in each case without prejudice to its rights under the Loan Documents and without such action being deemed an accord and satisfaction or a reinstatement of the Loan. Lender will not be deemed as a consequence of its delay or failure to act, or any forbearance granted, to have waived or be estopped from exercising any of its rights or remedies.

Cumulative Remedies; No Waiver; Other Security. Lender’s Agent's remedies under this Loan Agreement Security Instrument are cumulative (whether set forth in this Article 11 or in any other section of this Loan Agreement) with those the remedies provided in the other Loan Documents and otherwise permitted Transaction Documents, by law or in equity and may be exercised independently, concurrently or successively in Lender’s Agent's sole discretion and as often as occasion therefor shall arise. Lender’s Agent's delay or failure to accelerate the Loan Guaranteed Obligations or exercise any other remedy upon the occurrence of an Event of Default shall not be deemed a waiver of such right as remedy. No partial exercise by Lender Agent of any right or remedy will preclude further exercise thereof. thereof Notice or demand given to Borrower in any instance will not entitle Borrower to notice or demand in similar or other circumstances (except where notice is expressly required by this Loan Agreement to be given) nor constitute Lender’s Agent's waiver of its right to take any future action in any circumstance without notice or demanddemand (except where expressly required by this Security Instrument to be given). Lender Agent may release other security for the LoanDebt, may release any party liable thereforfor the Debt, may grant extensions, renewals or forbearances with respect thereto, may accept a partial or past due payment or grant other indulgences, or may apply any other security held by it to payment of the LoanDebt, in each case without prejudice to its rights under the Loan Documents this Security Instrument and without such action being deemed an accord and satisfaction or a reinstatement of the LoanDebt. Lender Agent will not be deemed as a consequence of its delay or failure to act, or any forbearance forbearances granted, to have waived or be estopped from exercising any of its rights or remedies.

Cumulative Remedies; No Waiver; Other Security. Lender’s remedies under this Loan Agreement are cumulative (whether set forth in this Article 11 or in any other section of this Loan Agreement) with those in the other Loan Documents and otherwise permitted by law or in equity and and, to the extent permitted by applicable law, may be exercised independently, concurrently or successively in Lender’s sole discretion and as often as occasion therefor _herefore shall arise. Lender’s delay or failure to accelerate the Loan or exercise any other remedy upon the occurrence of an Event of Default shall not be deemed a waiver of such right as remedy. No partial exercise by Lender of any right or remedy will preclude further exercise thereof. Notice or demand given to Borrower in any instance will not entitle Borrower to notice or demand in similar or other circumstances (except where notice is expressly required by this Loan Agreement to be given) nor constitute Lender’s waiver of its right to take any future action in any circumstance without notice or demand. Lender may release security for the Loan, may release any party liable therefor_herefore, may grant extensions, renewals or forbearances with respect thereto, may accept a partial or past due payment or grant other indulgences, or may apply any other security held by it to payment of the Loan, in each case without prejudice to its rights under the Loan Documents and without such action being deemed an accord and satisfaction or a reinstatement of the Loan. Lender will not be deemed as a consequence of its delay or failure to act, or any forbearance granted, to have waived or be estopped from exercising any of its rights or remedies.

Cumulative Remedies; No Waiver; Other Security. Lender’s 's remedies under this Loan Agreement are cumulative (whether set forth in this Article 11 or in any other section of this Loan Agreement) with those in the other Loan Documents and otherwise permitted by law or in equity and may be exercised independently, concurrently or successively in Lender’s 's sole discretion and as often as occasion therefor shall arise. Lender’s 's delay or failure to accelerate the Loan or exercise any other remedy upon the occurrence of an Event of Default shall not be deemed a waiver of such right as remedy. No partial exercise by Lender of any right or remedy will preclude further exercise thereof. Notice or demand given to Borrower Bonower in any instance will not entitle Borrower to notice or demand in similar or other circumstances (except where notice is expressly required by this Loan Agreement to be given) nor constitute Lender’s 's waiver of its right to take any future action in any circumstance without notice or demand. Lender may release security for the Loan, may release any party liable therefor, may grant extensions, renewals or forbearances with respect thereto, may accept a partial or past due payment or grant other indulgences, or may apply any other security held by it to payment of the Loan, in each case without prejudice to its rights under the Loan Documents and without such action being deemed an accord and satisfaction or a reinstatement of the Loan. Lender will not be deemed as a consequence of its delay or failure to act, or any forbearance granted, to have waived or be estopped from exercising any of its rights or remedies.

Cumulative Remedies; No Waiver; Other Security. LenderAgent’s remedies under this Loan Agreement Security Instrument are cumulative (whether set forth in this Article 11 or in any other section of this Loan Agreement) with those the remedies provided in the other Loan Documents and otherwise permitted Transaction Documents, by law or in equity and may be exercised independently, concurrently or successively in LenderAgent’s sole discretion and as often as occasion therefor shall arise. LenderAgent’s delay or failure to accelerate the Loan Guaranteed Obligations or exercise any other remedy upon the occurrence of an Event of Default shall not be deemed a waiver of such right as remedy. No partial exercise by Lender Agent of any right or remedy will preclude further exercise thereof. Notice or demand given to Borrower in any instance will not entitle Borrower to notice or demand in similar or other circumstances (except where notice is expressly required by this Loan Agreement to be given) nor constitute LenderAgent’s waiver of its right to take any future action in any circumstance without notice or demanddemand (except where expressly required by this Security Instrument to be given). Lender Agent may release other security for the LoanDebt, may release any party liable thereforfor the Debt, may grant extensions, renewals or forbearances with respect thereto, may accept a partial or past due payment or grant other indulgences, or may apply any other security held by it to payment of the LoanDebt, in each case without prejudice to its rights under the Loan Documents this Security Instrument and without such action being deemed an accord and satisfaction or a reinstatement of the LoanDebt. Lender Agent will not be deemed as a consequence of its delay or failure to act, or any forbearance forbearances granted, to have waived or be estopped from exercising any of its rights or remedies.

Cumulative Remedies; No Waiver; Other Security. Guarantor acknowledges that, following an Event of Default (which has been neither waived in writing by a Lender nor cured and such cure accepted by Lender, such waiver or acceptance to be given or withheld in Lender’s sole and absolute discretion) with respect to the Loan, Lender is entitled to accelerate the Loan and exercise all other rights and remedies as have been provided by Borrower or Guarantor to Lender under the other Credit Documents, by law or in equity, including, without limitation enforcement of this Guaranty. Lender’s remedies under this Loan Agreement Guaranty are cumulative (whether set forth in this Article 11 or in any other section of this Loan Agreement) with those the remedies provided in the other Loan Credit Documents and otherwise permitted in respect of the Loan, by law or in equity and may be exercised independently, concurrently or successively in Lender’s sole discretion and as often as occasion therefor shall arise. Lender’s delay or failure to accelerate the Loan or exercise any other remedy upon the occurrence of an Event of Default shall not be deemed a waiver of such right as or remedy. No partial exercise by Lender of any right or remedy will preclude further exercise thereof. Notice or demand given to Borrower or Guarantor in any instance will not entitle Borrower or Guarantor to notice or demand in similar or other circumstances (except where notice is expressly required by this Loan Agreement the Credit Documents to be given) nor constitute Lender’s waiver of its right their rights to take any future action in any circumstance without notice or demanddemand (except where expressly required by the Credit Documents to be given). Lender may release other security for the LoanObligations, may release any party liable thereforfor the Obligations, may grant extensions, renewals or forbearances with respect thereto, may accept a partial or past due payment or grant other indulgences, or may apply any other security held by it to payment of the LoanObligations, in each case without prejudice to its rights under the Loan Documents this Guaranty and without such action being deemed an accord and satisfaction or a reinstatement of the LoanObligations. Lender will not be deemed as a consequence of its their delay or failure to act, or any forbearance forbearances granted, to have waived or be estopped from exercising any of its rights or remedies, except to the extent of forbearances actually granted (and then only with respect to the particular event or circumstance for which the forbearance was granted.)

Cumulative Remedies; No Waiver; Other Security. Lender’s 's remedies under this Loan Agreement Security Instrument are cumulative (whether set forth in this Article 11 or in any other section of this Loan Agreement) with those the remedies provided in the other Loan Documents and otherwise permitted Documents, by law or in equity and may be exercised independently, concurrently or successively in Lender’s 's sole discretion and as often as occasion therefor shall arise. Lender’s 's delay or failure to accelerate the Loan or exercise any other remedy upon the occurrence of an Event of Default shall not be deemed a waiver of such right as remedy. No partial exercise by Lender of any right or remedy will preclude further exercise thereof. Notice or demand given to Borrower in any instance will not entitle Borrower to notice or demand in similar or other circumstances (except where notice is expressly required by this Loan Agreement to be given) nor constitute Lender’s 's waiver of its right to take any future action in any circumstance without notice or demanddemand (except where expressly required by this Security Instrument to be given). Lender may release other security for the LoanDebt, may release any party liable thereforfor the Debt, may grant extensions, renewals or forbearances with respect thereto, may accept a partial or past due payment or grant other indulgences, or may apply any other security held by it to payment of the LoanDebt, in each case without prejudice to its rights under the Loan Documents this Security Instrument and without such action being deemed an accord and satisfaction or a reinstatement of the LoanDebt. Lender will not be deemed as a consequence of its delay or failure to act, or any forbearance forbearances granted, to have waived or be estopped from exercising any of its rights or remedies.