Common use of Lenders Rights and Remedies Clause in Contracts

Lenders Rights and Remedies. The rights, remedies, powers, privileges, and discretions of the Lender hereunder (herein, the "Lender's Rights and Remedies") shall be cumulative and not exclusive of any rights or remedies which it would otherwise have. No delay or omission by the Lender in exercising or enforcing any of the Lender's Rights and Remedies shall operate as, or constitute a waiver thereof. No waiver by the Lender of any of the Lender's Rights and Remedies or of any default or remedies under any other agreement with the undersigned, or of any default under any agreement with the Borrower, or any other person liable or obligated for or on the Liabilities, shall operate as a waiver of any other of the Lender's Rights and Remedies or of any default or remedy hereunder or thereunder. No exercise of any of the Lender's Rights and Remedies and no other agreement or transaction of whatever nature entered into between the Lender and: the undersigned; and the Borrower; and/or any such other person at any time shall preclude any other exercise of the Lender's Rights and Remedies. No waiver by the Lender of any of the Lender's Rights and Remedies on any one occasion shall be deemed a waiver on any subsequent occasion, nor shall it be deemed a continuing waiver. All of the Lender's Rights and Remedies, and all of the Lender's rights, remedies, powers, privileges, and discretions under any other agreement or transaction with the undersigned, the Borrower, or any such other person, shall be

Lenders Rights and Remedies. The rights, remedies, powers, privileges, and discretions of the Lender hereunder (herein, the "“Lender's ’s Rights and Remedies"”) shall be cumulative and not exclusive of any rights or remedies which it would otherwise have. No delay or omission by the Lender in exercising or enforcing any of the Lender's ’s Rights and Remedies shall operate as, or constitute a waiver thereof. No waiver by the Lender of any of the Lender's ’s Rights and Remedies or of any default or remedies under any other agreement with the undersignedGuarantor, or of any default under any agreement with the Borrower, or any other person Person liable or obligated for or on the Liabilities, shall operate as a waiver of any other of the Lender's ’s Rights and Remedies or of any default or remedy hereunder or thereunder. No exercise of any of the Lender's ’s Rights and Remedies and no other agreement or transaction of whatever any nature entered into between the Lender and: Lender, the undersigned; Guarantor, and the Borrower; and/or any such other person Person at any time shall preclude any other exercise of the Lender's ’s Rights and Remedies, without prejudice to the definition of Key Date. No waiver by the Lender of any of the Lender's ’s Rights and Remedies on any one occasion shall be deemed a waiver on any subsequent occasion, nor shall it be deemed a continuing waiver. All of the Lender's ’s Rights and Remedies, and all of the Lender's ’s rights, remedies, powers, privileges, and discretions under any other agreement or transaction with the undersignedGuarantor, the Borrower, or any such other personPerson, shall bebe cumulative and not alternative or exclusive, and may be exercised by the Lender at such time or times and in such order of preference as the Lender in its sole discretion may determine.

Lenders Rights and Remedies. The rights, remedies, powers, privileges, and discretions of the Lender hereunder (herein, the "“Lender's ’s Rights and Remedies"”) shall be cumulative and not exclusive of any rights or remedies which it would otherwise have. No delay or omission by the Lender in exercising or enforcing any of the Lender's ’s Rights and Remedies shall operate as, or constitute a waiver thereof. No waiver by the Lender of any of the Lender's ’s Rights and Remedies or of any default or remedies under any other agreement with the undersignedGuarantors, or of any default under any agreement with the any Borrower, or any other person Person liable or obligated for or on the Liabilities, shall operate as a waiver of any other of the Lender's ’s Rights and Remedies or of any default or remedy hereunder or thereunder. No exercise of any of the Lender's ’s Rights and Remedies and no other agreement or transaction of whatever any nature entered into between the Lender and: Lender, the undersigned; Guarantors, and the any Borrower; and/or any such other person Person at any time shall preclude any other exercise of the Lender's ’s Rights and Remedies, without prejudice to the definition of Key Date. No waiver by the Lender of any of the Lender's ’s Rights and Remedies on any one occasion shall be deemed a waiver on any subsequent occasion, nor shall it be deemed a continuing waiver. All of the Lender's ’s Rights and Remedies, and all of the Lender's ’s rights, remedies, powers, privileges, and discretions under any other agreement or transaction with the undersignedany Guarantor, the any Borrower, or any such other personPerson, shall bebe cumulative and not alternative or exclusive, and may be exercised by the Lender at such time or times and in such order of preference as the Lender in its sole discretion may determine.

Lenders Rights and Remedies. The rights(a) Exclusive of the occurrence of an Event of Default, remedies, powers, privilegesthe Lender may: (i) Call at the Guarantor's place of business during the regular business hours of the Guarantor, and discretions at reasonable intervals to be determined by the Lender and, without hindrance or delay, inspect, audit, check and make extracts or copies from the Guarantor's books, records, journals, orders, receipts, correspondence, and other data, and inspect the Collateral; (ii) Endorse the name of the Guarantor upon any and all checks, drafts, money orders and other instruments for the payment of monies which are payable to the Guarantor and constitute proceeds of the Collateral; (iii) Receive and have access to printouts and all other information respecting financial records of the Guarantor maintained by external computer service companies; (iv) Communicate, in the name of a certified public accountant or public accountant, or in a fictitious name or names, with customers and account debtors of the Guarantor to independently verify orders and accounts receivable; and (v) Sign financing statements in the name of the Guarantor, or file financing statements without the Guarantor's signature, in any relevant state to perfect or maintain the Lender's security interest in any or all of the Collateral. (b) Upon the occurrence of an Event of Default the Lender shall have the following rights and remedies to be exercised within the sole discretion of the Lender hereunder (hereinwithout further demand, the "Lender's Rights and Remedies") shall be cumulative and not exclusive presentation or notice, of any kind: (i) The Lender shall have all of those rights and remedies provided in this Guaranty Agreement, in the Uniform Commercial Code and other applicable law in force and effect in the State of New Jersey; (ii) In protecting, exercising or enforcing its interests, rights or remedies which under this Guaranty Agreement, receive, open and dispose of mail addressed to the Guarantor, provided that the Lender shall return to the Guarantor all mail not related to the Collateral or to any of the Obligations, and in connection therewith, give such notice to any office or officials of the United States Postal Service, or any successor thereof, to effect such changes of address as the Lender may deem necessary so that all mail addressed to the Guarantor may be delivered directly to the Lender provided that the Lender shall promptly return to the Guarantor all mail not related to the Collateral, as such term is defined in a certain Loan and Security Agreement of even date herewith between the Borrower and the Lender (the "Loan Agreement) or to any of the Obligations, as such term is defined in the Loan Agreement; (iii) Require the Guarantor to assemble the Collateral and make it would available at the principal place of business of the Guarantor to allow the Lender to take possession or dispose of the Collateral; (iv) Take possession of and sell or otherwise have. No delay dispose of any or omission all of the Collateral at public or private sale, and if notice of such sale or of other action by the Lender is required by applicable law, the Guarantor agrees that ten (10) days notice to the Guarantor shall be sufficient, which the Lender and the Guarantor herewith agree to be commercially reasonable; (v) Subrogate to all of the Guarantor's interests, rights and remedies in exercising respect to the Collateral, including the right to stop delivery, and (upon notice from the Guarantor that the account debtor has returned, rejected, revoked acceptance of or enforcing failed to return the goods or that the goods have been reconsigned or diverted) the right to take possession of and to sell or dispose of the goods; (vi) Execute in the name of the Guarantor any schedules, assignments, instruments, documents and statements which the Guarantor is obligated to give the Lender; (vii) Sign financing statements in the name of the Guarantor, or file financing statements without the Guarantor's signature, in any relevant state to perfect or maintain the Lender's Rights security interest in any or all of the Collateral; and (viii) Receive from all or any accountants and Remedies shall operate as, or constitute a waiver thereof. No waiver auditors employed by the Lender Guarantor at any time during the term of this Guaranty Agreement copies of any of the LenderGuarantor's Rights and Remedies financial statements, trial balances or other accounting records of any default or remedies under sort in their possession, together with any other agreement with information concerning the undersigned, financial status or of any default under any agreement with the Borrower, or any other person liable or obligated for or on the Liabilities, shall operate as a waiver of any other business operations of the Lender's Rights and Remedies Guarantor. (c) The Guarantor hereby grants to the Lender an irrevocable license (or of any default or remedy hereunder or thereunder. No exercise of any sub-license as the case may be) to use all of the LenderGuarantor's Rights trademarks and Remedies trade names, with all rights, privileges and no other agreement or transaction of whatever nature entered into between the Lender and: the undersigned; and the Borrower; and/or any such other person at any time shall preclude any other exercise benefits flowing therefrom but none of the Lender's Rights and Remedies. No waiver obligations, to be exercised by the Lender after the occurrence of any an Event of Default and solely for the Lender's Rights and Remedies on any one occasion shall be deemed a waiver on any subsequent occasion, nor shall it be deemed a continuing waiver. All purpose of liquidating the Lender's Rights and Remedies, and all of the Lender's rights, remedies, powers, privileges, and discretions under any other agreement or transaction with the undersigned, the Borrower, or any such other person, shall beCollateral;