Common use of MISCELLANEOUS; REMEDIES CUMULATIVE Clause in Contracts

MISCELLANEOUS; REMEDIES CUMULATIVE. Unless the context of this Guaranty otherwise clearly requires, references to the plural include the singular, the singular the plural and the part the whole and "or" has the inclusive meaning represented by the phrase "and/or." The section headings used herein are for convenience of reference only and shall not define, limit or extend the provisions of this Guaranty. All remedies hereunder are cumulative and are not exclusive of any other rights and remedies of the Beneficiaries provided by law or under the Credit Agreement, the other Loan Documents, or other applicable agreements or instruments. The making of the Loans to the Borrowers pursuant to the Credit Agreement and the ESOP Loan Agreement shall be presumed conclusively to have been made or extended, respectively, in reliance upon the obligations of the Guarantor incurred pursuant to this Guaranty.

Appears in 4 contracts

Samples: Guaranty and Suretyship Agreement (Vitas Healthcare Corp), Guaranty and Suretyship Agreement (Vitas Healthcare Corp), Guaranty and Suretyship Agreement (Vitas Healthcare Corp)

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MISCELLANEOUS; REMEDIES CUMULATIVE. Unless the context of this Guaranty otherwise clearly requires, references to the plural include the singular, the singular the plural and the part the whole and "or" has the inclusive meaning represented by the phrase "and/or." The section headings used herein are for convenience of reference only and shall not define, limit or extend the provisions of this Guaranty. All remedies hereunder are cumulative and are not exclusive of any other rights and remedies of the Beneficiaries provided by law or under the Credit Agreement, the other Loan Documents, or other applicable agreements or instruments. The making of the Loans to the Borrowers Borrower and the issuance of Letters of Credit pursuant to the Credit Agreement and the ESOP Loan Agreement shall be presumed conclusively to have been made made, extended or extendedissued, respectively, in reliance upon the obligations of the Guarantor Guarantors incurred pursuant to this Guaranty.

Appears in 1 contract

Samples: Guaranty and Suretyship Agreement (Wackenhut Corp)

MISCELLANEOUS; REMEDIES CUMULATIVE. Unless the context of this Guaranty otherwise clearly requires, references to the plural include the singular, the singular the plural and the part the whole and "or" has the inclusive meaning represented by the phrase "and/or." The section headings used herein are for convenience of reference only and shall not define, limit or extend the provisions of this Guaranty. All remedies hereunder are cumulative and are not exclusive of any other rights and remedies of the Beneficiaries provided by law or under the Credit Agreement, the other Loan Documents, or other applicable agreements or instruments. The making extensions of the Loans credit to the Borrowers Borrower pursuant to the Credit Agreement and the ESOP Loan Agreement shall be presumed conclusively to have been made or extended, respectively, in reliance upon the obligations of the Guarantor incurred pursuant to this Guaranty.

Appears in 1 contract

Samples: Credit Agreement (Gtech Holdings Corp)

MISCELLANEOUS; REMEDIES CUMULATIVE. Unless the context of this Guaranty otherwise clearly requires, references to the plural include the singular, the singular the plural and the part the whole and "or" has the inclusive meaning represented by the phrase "and/or." The section headings used herein are for convenience of reference only and shall not define, limit or extend the provisions of this Guaranty. All remedies hereunder are cumulative and are not exclusive of any other rights and remedies of the Beneficiaries Secured Parties provided by law or under the Credit Agreement, the other Loan Documents, Documents or other applicable agreements or instruments. The making of the Loans and issuance of the Letters of Credit to the Borrowers Borrower pursuant to the Credit Agreement and the ESOP Loan Agreement shall be conclusively presumed conclusively to have been made or extended, respectively, in reliance upon the obligations of the Guarantor Guarantors incurred pursuant to this Guaranty.

Appears in 1 contract

Samples: Credit Agreement (Delta Beverage Group Inc)

MISCELLANEOUS; REMEDIES CUMULATIVE. Unless the context of this Guaranty otherwise clearly requires, references to the plural include the singular, the singular the plural and the part the whole and "or" has the inclusive meaning represented by the phrase "and/or." The section headings used herein are for convenience of reference only and shall not define, limit or extend the provisions of this Guaranty. All remedies hereunder are cumulative and are not exclusive of any other rights and remedies of the Beneficiaries Secured Parties provided by law or under the Credit Agreement, the other Loan Documents, Documents or other applicable agreements or instruments. The making of the Loans to the Borrowers Borrower pursuant to the Credit Agreement and the ESOP Loan Agreement shall be conclusively presumed conclusively to have been made or extended, respectively, in reliance upon the obligations of the Guarantor incurred pursuant to this Guaranty.

Appears in 1 contract

Samples: Credit Agreement (Windmere Durable Holdings Inc)

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MISCELLANEOUS; REMEDIES CUMULATIVE. Unless the context of this Guaranty otherwise clearly requires, references to the plural include the singular, the singular the plural and the part the whole and "or" has the inclusive meaning represented by the phrase "and/or." The section headings used herein are for convenience of reference only and shall not define, limit or extend the provisions of this Guaranty. All remedies hereunder are cumulative and are not exclusive of any other rights and remedies of the Beneficiaries Secured Parties provided by law or under the Credit Agreement, the other Loan Documents, Documents or other applicable agreements or instruments. The making of the Loans and issuance of the Letters of Credit to the Borrowers Borrower pursuant to the Credit Agreement and the ESOP Loan Agreement shall be conclusively presumed conclusively to have been made or extended, respectively, in 100 reliance upon the obligations of the Guarantor Guarantors incurred pursuant to this Guaranty.

Appears in 1 contract

Samples: Credit Agreement (Windmere Durable Holdings Inc)

MISCELLANEOUS; REMEDIES CUMULATIVE. Unless the context of this Guaranty otherwise clearly requires, references to the plural include the singular, the singular the plural and the part the whole and "or" has the inclusive meaning represented by the phrase "and/or." The section headings used herein are for convenience of reference only and shall not define, limit or extend the provisions of this Guaranty. All remedies hereunder are cumulative and are not exclusive of any other rights and remedies of the Beneficiaries provided by law or under the Credit Agreement, the other Loan Documents, or other applicable agreements or instruments. The making of the Loans to the Borrowers Borrower and the issuance of Letters of Credit pursuant to the Credit Agreement and the ESOP Loan Agreement shall be presumed conclusively to have been made made, extended or extendedissued, respectively, in reliance upon the obligations of the Guarantor incurred pursuant to this Guaranty.

Appears in 1 contract

Samples: Revolving Credit and Reimbursement Agreement (Wackenhut Corp)

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