Common use of Cumulative Rights, No Waivers Clause in Contracts

Cumulative Rights, No Waivers. Each and every right, remedy and power granted to Agent and the other Senior Creditors hereunder shall be cumulative and in addition to any other right, remedy or power specifically granted herein, in the Credit Agreement, the other Loan Documents or Permitted Refinancing Loan Documents or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by Agent or the other Senior Creditors, as applicable, from time to time, concurrently or independently and as often and in such order as Agent or the other Senior Creditors, as applicable, may deem expedient. Any failure or delay on the part of Agent or any other Senior Creditor in exercising any such right, remedy or power, or abandonment or discontinuance of steps to enforce the same, shall not operate as a waiver thereof or affect Agent’s or other Senior Creditor’s right thereafter to exercise the same, and any single or partial exercise of any such right, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy or power, and no such failure, delay, abandonment or single or partial exercise of Agent’s or other Senior Creditor’s rights hereunder shall be deemed to establish a custom or course of dealing or performance among the parties hereto. Each Party may demand specific performance of this Agreement and, on behalf of itself and, in the case of the Agent, the other Senior Creditors, hereby irrevocably waives any defense based on the adequacy of a remedy at law and any other defense that might be asserted to bar the remedy of specific performance in any action which may be brought by any Senior Creditor or any Subordinated Creditor.

Appears in 1 contract

Samples: Subordination Agreement (IDI, Inc.)

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Cumulative Rights, No Waivers. Each and every right, remedy and power granted to the Collateral Agent and or the other Senior Creditors Purchaser hereunder shall be cumulative and in addition to any other right, remedy or power specifically granted herein, in the Credit Purchase Agreement, the other Loan Documents or Permitted Refinancing Loan Documents or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by the Collateral Agent or the other Senior Creditors, as applicablePurchaser, from time to time, concurrently or independently and as often and in such order as the Collateral Agent or the other Senior Creditors, as applicable, Purchaser may deem expedient. Any failure or delay on the part of the Collateral Agent or any other Senior Creditor the Purchaser in exercising any such right, remedy or power, or abandonment or discontinuance of steps to enforce the same, shall not operate as a waiver thereof or affect the Collateral Agent’s 's or other Senior Creditor’s the Purchaser's right thereafter to exercise the same, and any single or partial exercise of any such right, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy or power, and no such failure, delay, abandonment or single or partial exercise of the Collateral Agent’s 's or other Senior Creditor’s the Purchaser's rights hereunder shall be deemed to establish a custom or course of dealing or performance among the parties hereto. Each Party may demand specific performance of this Agreement and, on behalf of itself and, in the case of the Agent, the other Senior Creditors, hereby irrevocably waives any defense based on the adequacy of a remedy at law and any other defense that might be asserted to bar the remedy of specific performance in any action which may be brought by any Senior Creditor or any Subordinated Creditor.

Appears in 1 contract

Samples: Subordination Agreement (Casita Enterprises, Inc.)

Cumulative Rights, No Waivers. Each and every right, remedy and power granted to the Agent and or the other Senior Creditors Lender Parties hereunder shall be cumulative and in addition to any other right, remedy or power specifically granted herein, in the Credit Agreement, the other Loan Documents or Permitted Refinancing Loan Documents or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by the Agent or the other Senior Creditors, as applicableLender Parties, from time to time, concurrently or independently and as often and in such order as the Agent or the other Senior Creditors, as applicable, Lender Parties may deem expedient. Any failure or delay on the part of the Agent or any the other Senior Creditor Lender Parties in exercising any such right, remedy or power, or abandonment or discontinuance of steps to enforce the same, shall not operate as a waiver thereof or affect the Agent’s or the other Senior Creditor’s Lender Parties’ right thereafter to exercise the same, and any single or partial exercise of any such right, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy or power, and no such failure, delay, abandonment or single or partial exercise of the Agent’s or the other Senior Creditor’s Lender Parties’ rights hereunder shall be deemed to establish a custom or course of dealing or performance among the parties hereto. Each Party may demand specific performance of this Agreement and, on behalf of itself and, in the case of the Agent, the other Senior Creditors, hereby irrevocably waives any defense based on the adequacy of a remedy at law and any other defense that might be asserted to bar the remedy of specific performance in any action which may be brought by any Senior Creditor or any Subordinated Creditor.

Appears in 1 contract

Samples: Support and Subordination Agreement (Green Plains Renewable Energy, Inc.)

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Cumulative Rights, No Waivers. Each and every right, remedy and power granted to the Administrative Agent and or the other Senior Creditors Lender Parties hereunder shall be cumulative and in addition to any other right, remedy or power specifically granted herein, in the Credit Agreement, the other Loan Documents or Permitted Refinancing Loan Documents or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by the Administrative Agent or the other Senior Creditors, as applicableLender Parties, from time to time, concurrently or independently and as often and in such order as the Administrative Agent or the other Senior Creditors, as applicable, Lender Parties may deem expedient. Any failure or delay on the part of the Administrative Agent or any the other Senior Creditor Lender Parties in exercising any such right, remedy or power, or abandonment or discontinuance of steps to enforce the same, shall not operate as a waiver thereof or affect the Administrative Agent’s or the other Senior Creditor’s Lender Parties’ right thereafter to exercise the same, and any single or partial exercise of any such right, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy or power, and no such failure, delay, abandonment or single or partial exercise of the Administrative Agent’s or the other Senior Creditor’s Lender Parties’ rights hereunder shall be deemed to establish a custom or course of dealing or performance among the parties hereto. Each Party may demand specific performance of this Agreement and, on behalf of itself and, in the case of the Agent, the other Senior Creditors, hereby irrevocably waives any defense based on the adequacy of a remedy at law and any other defense that might be asserted to bar the remedy of specific performance in any action which may be brought by any Senior Creditor or any Subordinated Creditor.

Appears in 1 contract

Samples: Support and Subordination Agreement (Green Plains Renewable Energy, Inc.)

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