Common use of Cumulative Rights; Waivers Clause in Contracts

Cumulative Rights; Waivers. The occurrence of any Default shall entitle Factor to all of the default rights and remedies (without limiting the other rights and remedies exercisable by Factor either prior or subsequent to a Default) as available to a Secured Party under the Uniform Commercial Code in effect in any applicable jurisdiction. All rights, remedies and powers granted to Factor in this Agreement, or in any other instrument or agreement given by Client to Factor or otherwise available to Factor in equity or at law, are cumulative and may be exercised singularly or concurrently with such other rights as Factor may have. These rights may be exercised from time to time as to all or any part of the Accounts hereunder or the Collateral as Factor in its discretion may determine. In the event that any part of the purchase of Accounts hereunder by Factor is construed to be a loan from Factor to Client, any Account Advances or payments made as the Purchase Price for all Accounts shall be secured by the Accounts and the Collateral. Factor may not be held to have waived its rights and remedies unless the waiver is in writing and signed by Factor. A waiver by Factor of a right, remedy or default under this Agreement on one occasion is not a waiver of any right, remedy or default on any subsequent occasion. No exercise by Factor of one right or remedy shall be deemed an election, and no waiver by Factor of any default on Client’s part shall be deemed a continuing waiver. No delay by Factor shall constitute a waiver, election or acquiescence by it.

Cumulative Rights; Waivers. The occurrence of any Event of Default shall entitle Factor to all of the default rights and remedies (without limiting the other rights and remedies exercisable by Factor either prior or subsequent to a Default) as available to a Secured Party under the Uniform Commercial Code in effect in any applicable jurisdiction. All rights, remedies and powers granted to Factor in this Agreement, or in any other instrument or agreement given by Client to Factor or otherwise available to Factor in equity or at law, are cumulative and may be exercised singularly or concurrently with such other rights as Factor may have. These rights may be exercised from time to time as to all or any part of the Accounts hereunder or the Collateral as Factor in its discretion may determine. In the event that any part of the purchase of Accounts hereunder by this transaction between Client and Factor is construed to be a loan from Factor to Client, any Account Advances advances or payments made as the Purchase Price for all Accounts shall be secured by the Accounts and the Collateral. Factor may not be held to have waived its rights and remedies unless the waiver is in writing and signed by Factor. A waiver by Factor of a right, remedy or default under this Agreement on one occasion is not a waiver of any right, remedy or default on any subsequent occasion. No exercise by Factor of one right or remedy shall be deemed an election, and no waiver by Factor of any default on ClientBorrower’s part shall be deemed a continuing waiver. No delay by Factor shall constitute a waiver, election or acquiescence by it.

Cumulative Rights; Waivers. The occurrence of any Default shall entitle Factor to all of the default rights and remedies (without limiting the other rights and remedies exercisable by Factor either prior or subsequent to a Default) as available to a Secured Party under the Uniform Commercial Code in effect in any applicable jurisdiction. All rights, remedies and powers granted to Factor in this Agreement, or in any other instrument or agreement given by Client to Factor or otherwise available to Factor in equity or at law, are cumulative and may be exercised singularly or concurrently with such other rights as Factor may have. These rights may be exercised from time to time as to all or any part of the Accounts hereunder or the Collateral as Factor in its discretion may determine. In the event that any part of the purchase of Accounts hereunder by Factor is construed to be a loan from Factor to Client, any Account Advances advances or payments made as the Purchase Price for all Accounts shall be secured by the Accounts and the Collateral. Factor may not be held to have waived its rights and remedies unless the waiver is in writing and signed by Factor. A waiver by Factor of a right, remedy or default under this Agreement on one occasion is not a waiver of any right, remedy or default on any subsequent occasion. No exercise by Factor of one right or remedy shall be deemed an election, and no waiver by Factor of any default on Client’s part shall be deemed a continuing waiver. No delay by Factor shall constitute a waiver, election or acquiescence by it.

Cumulative Rights; Waivers. The occurrence of any Default shall entitle Factor Sub to all of the default rights and remedies (without limiting the other rights and remedies exercisable by Factor Sub either prior or subsequent to a Default) as available to a Secured Party under the Uniform Commercial Code UCC in effect in any applicable jurisdiction. All rights, remedies and powers granted to Factor Sub in this Agreement, or in any other instrument or agreement given by Client to Factor Sub or otherwise available to Factor Sub in equity or at law, are cumulative and may be exercised singularly or concurrently with such other rights as Factor Sub may have. These rights may be exercised from time to time as to all or any part of the Factor Sub Accounts hereunder or the Collateral as Factor Sub in its discretion may determine. In Factor Sub and Client expressly intend and agree that each purchase and sale of a Factor Sub Account pursuant to this Agreement shall be a true purchase and sale of each such Factor Sub Account. To the event that extent that, contrary to such express intent and agreement, any part purchase or sale of the purchase of Factor Sub Accounts hereunder by Factor or any other transaction pursuant to this Agreement is construed to be or characterized as a loan from or financing, then all indebtedness and other obligations of Client owing to Factor to Client, any Account Advances or payments made as the Purchase Price for all Accounts Sub under this Agreement shall be secured by by, and for such purpose Client does hereby grant to Client a security interest in, all of the Accounts and the CollateralFactor Sub Accounts. Factor shall have all rights and remedies as a secured creditor under applicable law, in addition to its rights and remedies hereunder Factor Sub may not be held to have waived its rights and remedies unless the waiver is in writing and signed by FactorFactor Sub. A waiver by Factor Sub of a right, remedy or default under this Agreement on one occasion is not a waiver of any right, remedy or default on any subsequent occasion. No exercise by Factor Sub of one right or remedy shall be deemed an election, and no waiver by Factor Sub of any default on Client’s part shall be deemed a continuing waiver. No delay by Factor Sub shall constitute a waiver, election or acquiescence by it.

Cumulative Rights; Waivers. The occurrence of any Default shall entitle Factor Lender to all of the default rights and remedies (without limiting the other rights and remedies exercisable by Factor Lender either prior or subsequent to a Default) as available to a Secured Party under the Uniform Commercial Code UCC in effect in any applicable jurisdiction. All rights, remedies and powers granted to Factor Lender in this Agreement, or in any other instrument or agreement given by Client Borrower to Factor Lender or otherwise available to Factor Lender in equity or at law, are cumulative and may be exercised singularly or concurrently with such other rights as Factor Lender may have. These rights may be exercised from time to time as to all or any part of the Accounts Collateral hereunder or the Collateral as Factor Lender in its discretion may determine. In the event that any part of the purchase of Accounts hereunder by Factor is construed to be a loan from Factor to Client, any Account Advances or payments made as the Purchase Price for all Accounts shall be secured by the Accounts and the Collateral. Factor Lender may not be held to have waived its rights and remedies unless the waiver is in writing and signed by FactorLender. A waiver by Factor Lender of a right, remedy or default under this Agreement on one occasion is not a waiver of any right, remedy or default on any subsequent occasion. No exercise by Factor Lender of one right or remedy shall be deemed an election, and no waiver by Factor Lender of any default on ClientBorrower’s part shall be deemed a continuing waiver. No delay by Factor Lender shall constitute a waiver, election or acquiescence by it.