Common use of General Provisions Regarding Remedies Clause in Contracts

General Provisions Regarding Remedies. (a) No remedy conferred upon or reserved to the Collateral Trustee herein or in the Security Documents is intended to be exclusive of any other remedy or remedies, but every such remedy shall be cumulative and shall be in addition to every other remedy conferred herein or in any of the Security Documents or now or hereafter existing at law or in equity or by statute. All of the powers, remedies, and rights of the Collateral Trustee as set forth in this Agreement may be exercised by the Collateral Trustee in respect of any Security Document as though set forth at length therein, and all the powers, remedies, and rights of the Collateral Trustee as set forth in any Security Document may be exercised from time to time as herein and therein provided. No delay or omission by the Collateral Trustee in the exercise of any right, remedy, or power accruing upon any Event of Default shall impair any such right, remedy or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and every right, power, and remedy given by any Security Document may be exercised from time to time and as often as may be deemed expedient by the Collateral Trustee. (b) In case the Collateral Trustee shall have proceeded to enforce any right, remedy, or power under any Security Document and the proceeding for the enforcement thereof shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Collateral Trustee, then and in every such case the Debtors, the Collateral Trustee, the Indenture Trustee and the Noteholders shall, subject to any effect of or determination in such proceeding, severally and respectively be restored to their former positions and rights under such Security Document with respect to the Trust Estate and in all other respects, and thereafter all rights, remedies, and power of the Collateral Trustee shall continue as though no such proceeding had been taken. (c) All rights of action and rights to assert claims upon or under the Security Documents may be enforced by the Collateral Trustee without the possession of any Master Debt Agreement or other instruments which manifest the Master Debt or the production thereof in any trial or other proceeding relative thereto, and any such suit or proceedings instituted by the Collateral Trustee shall be brought in its name as Collateral Trustee for the benefit of the Noteholders and any recovery of and from any judgment shall be held as part of the Trust Estate. Each Debtor hereby waives notice of intent to demand, demand, presentment for payment, notice of nonpayment, protest, notice of protest, grace, notice of dishonor, notice of intent to accelerate, notice of acceleration, and all other notices in connection with the enforcement of the Master Debt, the Security Documents, and the Collateral. To the full extent each Debtor may do so, such Debtor shall not insist upon, plead, claim, or take advantage of any law providing for any appraisement, valuation, stay, extension, or redemption, and each such Debtor hereby waives and releases the same, and all rights to a marshaling of the assets of such Debtor and the Collateral, or to a sale in inverse order of alienation in the event of foreclosure of the Liens and security interests granted pursuant to the Security Documents. Each Debtor agrees not to assert any right under any law pertaining to the marshaling of assets, sale in inverse order of alienation, the administration of estates of decedents, or other matters whatsoever to defeat, reduce, or affect the right of the Collateral Trustee or Noteholders under the terms of the Security Documents or applicable law. (d) Each Debtor hereby irrevocably constitutes and appoints the Collateral Trustee and any officer or agent thereof, with full power of substitution, as its true and lawful attorney-in-fact with full power and authority to act on behalf of such Debtor, in the name of such Debtor or in its own name, upon the occurrence and during the continuance of any Event of Default, to take any and all appropriate action, execute any and all documents and instruments, or institute any proceedings which the Collateral Trustee, the Senior Loan Agent, the Indenture Trustee and/or the Noteholders deem reasonably necessary or desirable to carry out purposes and terms of any of the Security Documents. This power of attorney is a power coupled with an interest and shall be irrevocable. Each Debtor hereby ratifies all acts of such attorney-in-fact consistent with the foregoing. Any such attorney-in-fact shall not be liable for any acts or omissions, INCLUDING NEGLIGENT ACTS AND OMISSIONS OF SUCH ATTORNEY-IN-FACT, unless they constitute the gross negligence or willful misconduct of such attorney-in-fact, but in no event shall the attorney-in-fact be liable for special, indirect or consequential losses or damages of any kind whatsoever (including but not limited to lost profits). (e) Notwithstanding any other provision of any Security Document, and except as expressly set forth in this Agreement, neither the rights of the Senior Loan Agent, Indenture Trustee or the Noteholders to receive payment on the Master Debt held by such holders, to institute suit for the enforcement of such payment, to assert their respective positions as a creditor or to receive any distribution in any proceeding under or related to the Bankruptcy Code, or to otherwise exercise any right they may have in connection with such Master Debt (other than the right to enforce any Lien on the Collateral under the Security Documents, which shall in all circumstances be exercisable only in accordance with this Agreement as long as this Agreement remains in effect), nor the obligation of each Debtor to pay the Master Debt owing by such Debtor, shall be impaired or affected without the consent of the Senior Loan Agent, the Indenture Trustee or such Noteholders, as the case may be.

General Provisions Regarding Remedies. (a) No remedy conferred upon or reserved to the Collateral Trustee herein or in the Security Documents is intended to be exclusive of any other remedy or remedies, but every such remedy shall be cumulative and shall be in addition to every other remedy conferred herein or in any of the Security Documents or now or hereafter existing at law or in equity or by statute. All of the powers, remedies, and rights of the Collateral Trustee as set forth in this Agreement may be exercised by the Collateral Trustee in respect of any Security Document as though set forth at length therein, and all the powers, remedies, and rights of the Collateral Trustee as set forth in any Security Document may be exercised from time to time as herein and therein provided. No delay or omission by the Collateral Trustee in the exercise of any right, remedy, or power accruing upon any Event of Default shall impair any such right, remedy remedy, or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and every right, power, and remedy given by any Security Document may be exercised from time to time and as often as may be deemed expedient by the Collateral Trustee. (b) In case the Collateral Trustee shall have proceeded to enforce any right, remedy, or power under any Security Document and the proceeding for the enforcement thereof shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Collateral Trustee, then and in every such case the Debtors, the Collateral Trustee, the Indenture Trustee and the Noteholders holders of the Secured Obligations shall, subject to any effect of or determination in such proceeding, severally and respectively be restored to their former positions and rights under such Security Document with respect to the Trust Estate and in all other respects, and thereafter all rights, remedies, and power of the Collateral Trustee shall continue as though no such proceeding had been taken. (c) All rights of action and rights to assert claims upon or under the Security Documents may be enforced by the Collateral Trustee without the possession of any Master Debt Agreement or other instruments which manifest the Master Debt or the production thereof in any trial or other proceeding relative thereto, and any such suit or proceedings instituted by the Collateral Trustee shall be brought in its name as Collateral Trustee for the benefit of the Noteholders and any recovery of and from any judgment shall be held as part of the Trust Estate. Each Debtor hereby waives notice of intent to demand, demand, presentment for payment, notice of nonpayment, protest, notice of protest, grace, notice of dishonor, notice of intent to accelerate, notice of acceleration, and all other notices in connection with the enforcement of the Master Debt, the Security Documents, and the Collateral. To the full extent each Debtor may do so, such Debtor shall not insist upon, plead, claim, or take advantage of any law providing for any appraisement, valuation, stay, extension, or redemption, and each such Debtor hereby waives and releases the same, and all rights to a marshaling of the assets of such Debtor and the Collateral, or to a sale in inverse order of alienation in the event of foreclosure of the Liens and security interests granted pursuant to the Security Documents. Each Debtor agrees not to assert any right under any law pertaining to the marshaling of assets, sale in inverse order of alienation, the administration of estates of decedents, or other matters whatsoever to defeat, reduce, or affect the right of the Collateral Trustee or Noteholders under the terms of the Security Documents or applicable law. (d) Each Debtor hereby irrevocably constitutes and appoints the Collateral Trustee and any officer or agent thereof, with full power of substitution, as its true and lawful attorney-in-fact with full power and authority to act on behalf of such Debtor, in the name of such Debtor or in its own name, upon the occurrence and during the continuance of any Event of Default, to take any and all appropriate action, execute any and all documents and instruments, or institute any proceedings which the Collateral Trustee, the Senior Loan Agent, the Indenture Trustee and/or the Noteholders deem reasonably necessary or desirable to carry out purposes and terms of any of the Security Documents. This power of attorney is a power coupled with an interest and shall be irrevocable. Each Debtor hereby ratifies all acts of such attorney-in-fact consistent with the foregoing. Any such attorney-in-fact shall not be liable for any acts or omissions, INCLUDING NEGLIGENT ACTS AND OMISSIONS OF SUCH ATTORNEY-IN-FACT, unless they constitute the gross negligence or willful misconduct of such attorney-in-fact, but in no event shall the attorney-in-fact be liable for special, indirect or consequential losses or damages of any kind whatsoever (including but not limited to lost profits). (e) Notwithstanding any other provision of any Security Document, and except as expressly set forth in this Agreement, neither the rights of the Senior Loan Agent, Indenture Trustee or the Noteholders to receive payment on the Master Debt held by such holders, to institute suit for the enforcement of such payment, to assert their respective positions as a creditor or to receive any distribution in any proceeding under or related to the Bankruptcy Code, or to otherwise exercise any right they may have in connection with such Master Debt (other than the right to enforce any Lien on the Collateral under the Security Documents, which shall in all circumstances be exercisable only in accordance with this Agreement as long as this Agreement remains in effect), nor the obligation of each Debtor to pay the Master Debt owing by such Debtor, shall be impaired or affected without the consent of the Senior Loan Agent, the Indenture Trustee or such Noteholders, as the case may be.the

General Provisions Regarding Remedies. (a) No remedy conferred upon or reserved to the Collateral Trustee Agent herein or in the Security Documents is intended to be exclusive of any other remedy or remedies, but every such remedy shall be cumulative and shall be in addition to every other remedy conferred herein or in any of the Security Documents or now or hereafter existing at law or in equity or by statute. All of the powers, remedies, and rights of the Collateral Trustee Agent as set forth in this Agreement may be exercised by the Collateral Trustee Agent in respect of any Security Document as though set forth at length therein, and all the powers, remedies, and rights of the Collateral Trustee Agent as set forth in any Security Document may be exercised from time to time as herein and therein provided. No delay or omission by the Collateral Trustee Agent in the exercise of any right, remedy, or power accruing upon any Event of Default shall impair any such right, remedy or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and every right, power, and remedy given by any Security Document may be exercised from time to time and as often as may be deemed expedient by the Collateral TrusteeAgent. (b) In case the event the Collateral Trustee shall have Agent has proceeded to enforce any right, remedy, or power under any Security Document and the proceeding for the enforcement thereof shall have has been discontinued or abandoned for any reason or shall have been is determined adversely to the Collateral TrusteeAgent, then and in every such case the Debtorscase, each Agreement Obligor, the Collateral TrusteeAgent, the Indenture Trustee Revolver Agent, the Term Agent and the Noteholders each Lender shall, subject to any effect of or determination in such proceeding, severally and respectively be restored to their former positions and rights under such Security Document with respect to the Trust Collateral Estate and in all other respects, and thereafter all rights, remedies, and power of the Collateral Trustee Agent shall continue as though no such proceeding had been was taken. (c) All rights of action and rights to assert claims upon or under the Security Documents may be enforced by the Collateral Trustee Agent without the possession of any Master Debt Agreement or other instruments which manifest the Master Debt or the production thereof in any trial or other proceeding relative thereto, and any such suit or proceedings instituted by the Collateral Trustee Agent shall be brought in its name as Collateral Trustee Agent for the benefit of the Noteholders Lenders and any recovery of and from any judgment shall be held as part of the Trust Collateral Estate. Each Debtor Agreement Obligor hereby waives waives, to the fullest extent permitted by applicable law, notice of intent to demand, demand, presentment for payment, notice of nonpayment, protest, notice of protest, grace, notice of dishonor, notice of intent to accelerate, notice of acceleration, and all other notices in connection with the enforcement of the Master Debt, the Security Documents, and the Collateral. To the full extent each Debtor Agreement Obligor may do so, such Debtor no Agreement Obligor shall not insist upon, plead, claim, or take advantage of any law providing for any appraisement, valuation, stay, extension, or redemption, and each such Debtor Agreement Obligor hereby waives and releases the same, and all rights to a marshaling of the assets of such Debtor Agreement Obligor and the Collateral, Collateral or to a sale in inverse order of alienation in the event of foreclosure of the Liens and security interests granted pursuant to the Security Documents. Each Debtor Agreement Obligor agrees not to assert any right under any law pertaining to the marshaling of assets, sale in inverse order of alienation, the administration of estates of decedents, or other matters whatsoever to defeat, reduce, or affect the right of the Collateral Trustee Agent or Noteholders Lenders under the terms of the Security Documents or applicable law. (d) Each Debtor Agreement Obligor hereby irrevocably constitutes and appoints the Collateral Trustee Agent and any officer or agent thereof, with full power of substitution, as its true and lawful attorney-in-fact with full power and authority to act on behalf of such DebtorAgreement Obligor, in the name of such Debtor Agreement Obligor or in its own name, upon the occurrence and during the continuance of any Event of Default, to take any and all appropriate action, execute any and all documents and instruments, or institute any proceedings which the Collateral Trustee, the Senior Loan Agent, the Indenture Trustee Revolver Agent, the Term Agent and/or the Noteholders Lenders deem reasonably necessary or desirable to carry out purposes and terms of any of the Security Documents. This power of attorney is a power coupled with an interest and shall be irrevocable. Each Debtor Agreement Obligor hereby ratifies all acts of such attorney-in-fact consistent with the foregoing. Any such attorney-in-fact shall not be liable for any acts or omissions, INCLUDING NEGLIGENT ACTS AND OMISSIONS OF SUCH ATTORNEY-IN-FACT, unless they constitute the gross negligence or willful misconduct of such attorney-in-fact, but in no event shall the attorney-in-fact be liable for special, indirect or consequential losses or damages of any kind whatsoever (including but not limited to lost profits)) . (e) Notwithstanding any other provision of any Security Document, and except as expressly set forth in this Agreement, neither the rights of the Senior Loan Revolver Agent, Indenture Trustee the Term Agent or any of the Noteholders Lenders to receive payment on the Master Debt held by such holdersholders thereof, to institute suit for the enforcement of such payment, to initiate or participate with others in any suit, action or proceeding against any Company, including a Proceeding, to assert their respective positions as a creditor or to receive any distribution in any proceeding under or related to the Bankruptcy Code, or to otherwise exercise any right they may have in connection with such Master Debt (other than the right to enforce any Lien on the Collateral under the Security Documents, which shall in all circumstances be exercisable only in accordance with this Agreement as long as this Agreement remains in effect), nor the obligation of each Debtor any Company to pay the Master Debt owing by such DebtorCompany, shall be impaired or affected without the consent of the Senior Loan Revolver Agent, the Indenture Trustee Term Agent or such NoteholdersLenders, as the case may be.