Common use of Nonexclusive Nature of Remedies Clause in Contracts

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Agreement, any other Loan Document, any other document relating to the Secured Obligations, or as provided by Law, or any delay by the Administrative Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Law, neither the Administrative Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the holders of the Secured Obligations under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the holders of the Secured Obligations may have.

Appears in 25 contracts

Samples: Security and Pledge Agreement (Duluth Holdings Inc.), Security and Pledge Agreement (Acadia Healthcare Company, Inc.), Security and Pledge Agreement

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Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Secured Obligations Parties to exercise any right, remedy or option under this Agreement, any other Loan Document, any other document relating to the Secured Obligations, or as provided by Law, or any delay by the Administrative Agent or the holders of the Secured Obligations Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the holders of the Secured Obligations Parties shall only be granted as provided herein. To the extent permitted by Law, neither the Administrative Agent, the holders of the Secured ObligationsParties, nor any party acting as attorney for the Administrative Agent or the holders of the Secured ObligationsParties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunderhereunder as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Administrative Agent and the holders of the Secured Obligations Parties under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the holders of the Secured Obligations Parties may have.

Appears in 15 contracts

Samples: Security and Pledge Agreement (1847 Goedeker Inc.), Security Agreement (Scholastic Corp), Security and Pledge Agreement (Usana Health Sciences Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Secured Obligations Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other document documents relating to the Secured Obligations, or as provided by Lawlaw, or any delay by the Administrative Agent or the holders of the Secured Obligations Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the holders of the Secured Obligations Parties shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative Agent, the holders of the Secured ObligationsParties, nor any party acting as attorney for the Administrative Agent or the holders of the Secured ObligationsParties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the holders of the Secured Obligations Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which that the Administrative Agent or the holders of the Secured Obligations Parties may have.

Appears in 15 contracts

Samples: Security Agreement (Venus Concept Inc.), Security Agreement (Amedisys Inc), Security Agreement (NOODLES & Co)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Security Agreement, any other Loan Credit Document, any other document documents relating to the Secured Obligations, or as provided by Lawlaw, or any delay by the Administrative Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent Agents and the holders of the Secured Obligations under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which that the Administrative Agent or the holders of the Secured Obligations may have.

Appears in 7 contracts

Samples: Security Agreement (School Specialty Inc), Security Agreement (Ict Group Inc), Security Agreement (Ict Group Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Agreement, any other Loan Document, any other document relating to the Secured Obligations, or as provided by Law, or any delay by the Administrative Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Law, neither the Administrative Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the holders of the Secured Obligations under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the holders of the Secured Obligations may have.

Appears in 6 contracts

Samples: Security and Pledge Agreement (Trex Co Inc), Security and Pledge Agreement (5.11 Abr Corp.), Security and Pledge Agreement (Trex Co Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other document documents relating to the Secured Obligations, or as provided by Lawlaw, or any delay by the Administrative Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent Agents and the holders of the Secured Obligations under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which that the Administrative Agent or the holders of the Secured Obligations may have.

Appears in 6 contracts

Samples: Security Agreement (Fti Consulting Inc), Security Agreement (Fti Consulting Inc), Security Agreement (Fti Consulting Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other document documents relating to the Secured Obligations, or as provided by Lawlaw, or any delay by the Administrative Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Lawapplicable law, neither the Administrative Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the holders of the Secured Obligations under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which that the Administrative Agent or the holders of the Secured Obligations may have.

Appears in 6 contracts

Samples: Credit Agreement (Ryman Hospitality Properties, Inc.), Credit Agreement (Ryman Hospitality Properties, Inc.), Credit Agreement (Ryman Hospitality Properties, Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Agreement, any other Loan Document, any other document relating to the Secured Obligations, or as provided by Lawlaw, or any delay by the Administrative Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their bad faith, gross negligence or negligence, willful misconduct or a material breach of the Administrative Agent’s or such holder’s obligations hereunder. The rights and remedies of the Administrative Agent and the holders of the Secured Obligations under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the holders of the Secured Obligations may have.

Appears in 4 contracts

Samples: Credit Agreement (Aaron's Company, Inc.), Credit Agreement (Aaron's Company, Inc.), Credit Agreement (Aaron's Company, Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Domestic Security Agreement, any other Loan Document, any other document documents relating to the Secured Obligations, or as provided by Lawlaw, or any delay by the Administrative Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the holders of the Secured Obligations under this Domestic Security Agreement shall be cumulative and not exclusive of any other right or remedy which that the Administrative Agent or the holders of the Secured Obligations may have.

Appears in 3 contracts

Samples: Domestic Security Agreement (GFI Group Inc.), Domestic Security Agreement (GFI Group Inc.), Security Agreement (GFI Group Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Agreement, any other Loan Document, any other document relating to the Secured Obligations, or as provided by Law, or any delay by the Administrative Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Law, neither the Administrative Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their breach in bad faith, gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the holders of the Secured Obligations under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the holders of the Secured Obligations may have.

Appears in 3 contracts

Samples: Security and Pledge Agreement (Interface Inc), Security and Pledge Agreement (Interface Inc), Security and Pledge Agreement (Interface Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Secured Obligations Parties to exercise any right, remedy or option under this Agreement, any other Loan Document, any other document relating to Secured Hedge Agreement and/or the documentation governing any Cash Management Obligation between any Obligor and any Secured ObligationsParty, or as provided by Lawlaw, or any delay by the Administrative Agent or the holders of the Secured Obligations Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the holders of the Secured Obligations Parties shall only be granted as provided herein. To the extent permitted by Lawlaw, neither none of the Administrative Agent, the holders of the Secured Obligations, nor Parties and any party acting as attorney for the Administrative Agent or the holders of the Secured ObligationsParties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent Agents and the holders of the Secured Obligations Parties under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the holders of the Secured Obligations Parties may have.

Appears in 3 contracts

Samples: Revolving Credit Agreement (IASIS Healthcare LLC), Amended and Restated Credit Agreement (IASIS Healthcare LLC), Credit Agreement (IASIS Healthcare LLC)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other document documents relating to the Secured Obligations, or as provided by Law, or any delay by the Administrative Collateral Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Collateral Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Law, neither the Administrative Collateral Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Collateral Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law Law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent Collateral Agents and the holders of the Secured Obligations under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which that the Administrative Collateral Agent or the holders of the Secured Obligations may have.

Appears in 3 contracts

Samples: Security Agreement (Armstrong World Industries Inc), Security Agreement (Armstrong World Industries Inc), Security Agreement (Armstrong World Industries Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Agreement, any other Loan Document, any other document documents relating to the Secured Obligations, or as provided by Law, or any delay by the Administrative Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Law, neither the Administrative Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law Law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the holders of the Secured Obligations under this Agreement shall be cumulative and not exclusive of any other right or remedy which that the Administrative Agent or the holders of the Secured Obligations may have.

Appears in 3 contracts

Samples: Security Agreement (Quanta Services Inc), Security Agreement (Quanta Services Inc), Security Agreement (Quanta Services Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Agreement, any other Loan Document, any other document relating to the Secured Obligations, or as provided by Law, or any delay by the Administrative Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the holders of the Secured Obligations shall only be granted as provided hereinin the Loan Documents. To the extent permitted by Law, neither the Administrative Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the holders of the Secured Obligations under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the holders of the Secured Obligations may have.

Appears in 3 contracts

Samples: Security and Pledge Agreement (Balchem Corp), Security and Pledge Agreement (Balchem Corp), Security and Pledge Agreement (Balchem Corp)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Agreement, any other Loan Document, any other document relating to the Secured Obligations, or as provided by LawApplicable Laws, or any delay by the Administrative Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by LawApplicable Laws, neither the Administrative Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the holders of the Secured Obligations under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the holders of the Secured Obligations may have.

Appears in 3 contracts

Samples: Loan and Security Agreement (Guardian Pharmacy Services, Inc.), Loan and Security Agreement (Guardian Pharmacy Services, Inc.), Loan and Security Agreement (Guardian Pharmacy Services, Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent Servicer or the holders of the Secured Obligations to exercise any right, remedy or option under this Agreement, any other Loan Credit Document, any other document relating to the Secured Obligations, or as provided by Lawlaw, or any delay by the Administrative Agent Servicer or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent Servicer or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative AgentServicer, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Agent Servicer or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their bad faith, gross negligence or negligence, willful misconduct or a material breach of the Servicer’s or such holder’s obligations hereunder. The rights and remedies of the Administrative Agent Servicer and the holders of the Secured Obligations under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent Servicer or the holders of the Secured Obligations may have.

Appears in 3 contracts

Samples: Loan Facility Agreement (Aaron's Company, Inc.), Loan Facility Agreement and Guaranty (Aaron's Company, Inc.), Loan Facility Agreement (Aaron's Company, Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Agreement, any other Loan Document, any other document relating to the Secured Obligations, or as provided by Law, or any delay by the Administrative Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Law, neither the Administrative Agent, the holders any holder of the Secured Obligations, nor any party acting as attorney for the Administrative Agent or the holders any holder of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their its gross negligence or willful misconduct hereundermisconduct, or breach in bad faith of any of its obligations, hereunder or under any of the other Loan Documents, in each case, as determined by a court of competent jurisdiction by a final and nonappealable judgment. The rights and remedies of the Administrative Agent and the holders of the Secured Obligations under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the holders of the Secured Obligations may have.

Appears in 2 contracts

Samples: Credit Agreement (Dean Foods Co), Credit Agreement (WHITEWAVE FOODS Co)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Agreement, any other Loan Indenture Document, any other document relating to the Secured Obligations, or as provided by Law, or any delay by the Administrative Collateral Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Collateral Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Law, neither the Administrative Collateral Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Collateral Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Collateral Agent and the holders of the Secured Obligations under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Collateral Agent or the holders of the Secured Obligations may have.

Appears in 2 contracts

Samples: Security and Pledge Agreement (StoneX Group Inc.), Indenture (Intl Fcstone Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other document documents relating to the Secured Obligations, or as provided by LawLaws, or any delay by the Administrative Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by LawLaws, neither the Administrative Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law Laws other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent Agents and the holders of the Secured Obligations under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which that the Administrative Agent or the holders of the Secured Obligations may have.

Appears in 2 contracts

Samples: Credit Agreement (Ipayment Inc), Security Agreement (Ipayment Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Agreement, any other Loan Credit Document, any other document relating to Swap Contract between any Credit Party and any Lender or any Affiliate of a Lender in connection with the Secured Obligations, Loans or as provided by Lawlaw, or any delay by the Administrative Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the holders of the Secured Obligations under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the holders of the Secured Obligations may have.

Appears in 2 contracts

Samples: Pledge Agreement (Griffin-American Healthcare REIT III, Inc.), Pledge Agreement (Griffin-American Healthcare REIT III, Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Security Agreement, any other Loan Credit Document, any other document documents relating to the Secured Obligations, or as provided by Lawlaw, or any delay by the Administrative Collateral Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Collateral Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative Collateral Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Collateral Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent Collateral Agents and the holders of the Secured Obligations under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Collateral Agent or the holders of the Secured Obligations may have.

Appears in 2 contracts

Samples: Security Agreement (Loral Space & Communications LTD), Security Agreement (Amerigroup Corp)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Agreement, any other Loan Credit Document, any other document relating to the Secured Obligations, or as provided by Applicable Law, or any delay by the Administrative Collateral Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Collateral Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Applicable Law, neither the Administrative Collateral Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Collateral Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Collateral Agent and the holders of the Secured Obligations under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Collateral Agent or the holders of the Secured Obligations may have.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Viemed Healthcare, Inc.), Pledge and Security Agreement (FutureFuel Corp.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other document documents relating to the Secured Obligations, or as provided by Lawlaw, or any delay by the Administrative Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Lawapplicable law, neither the Administrative Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent Agents and the holders of the Secured Obligations under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which that the Administrative Agent or the holders of the Secured Obligations may have.

Appears in 2 contracts

Samples: Credit Agreement (Gaylord Entertainment Co /De), Credit Agreement (Gaylord Entertainment Co /De)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other document documents relating to the Secured Obligations, or as provided by Lawlaw, or any delay by the Administrative Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the holders of the Secured Obligations under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which that the Administrative Agent or the holders of the Secured Obligations may have.

Appears in 2 contracts

Samples: Credit Agreement (Greenway Medical Technologies Inc), Security Agreement (Greenway Medical Technologies Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Security Agreement, any other Loan Credit Document, any other document documents relating to the Secured Obligations, or as provided by Lawapplicable law, or any delay by the Administrative Collateral Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Collateral Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Lawapplicable law, neither the Administrative Collateral Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Collateral Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Collateral Agent and the holders of the Secured Obligations under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which that the Administrative Collateral Agent or the holders of the Secured Obligations may have.

Appears in 1 contract

Samples: Security Agreement (Pike Electric CORP)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Security Agreement, any other Loan Credit Document, any other document documents relating to the Secured Obligations, or as provided by Lawlaw, or any delay by the Administrative Collateral Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Collateral Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative Collateral Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Agent or the holders of the Secured Obligations, Obligations shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent Collateral Agents and the holders of the Secured Obligations under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which that the Administrative Collateral Agent or the holders of the Secured Obligations may have.

Appears in 1 contract

Samples: Security Agreement (Accredo Health Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Agreement, any other Loan Document, any other document relating to the Secured Obligations, or as provided by Applicable Law, or any delay by the Administrative Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Applicable Law, neither the Administrative Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the holders of the Secured Obligations under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the holders of the Secured Obligations may have.

Appears in 1 contract

Samples: Security and Pledge Agreement (Shake Shack Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Security Agreement, any other Loan Credit Document, any other document Other documents relating to the Secured Obligations, or as provided by Lawlaw, or any delay by the Administrative Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the holders of the Secured Obligations under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the holders of the Secured Obligations may have.

Appears in 1 contract

Samples: Credit Agreement (Apria Healthcare Group Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Security Agreement, any other Loan Credit Document, any other document documents relating to the Secured Obligations, or as provided by Lawlaw, or any delay by the Administrative Collateral Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Collateral Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative Collateral Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Collateral Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Collateral Agent and the holders of the Secured Obligations under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which that the Administrative Collateral Agent or the holders of the Secured Obligations may have.

Appears in 1 contract

Samples: Security Agreement (Premiere Global Services, Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other document documents relating to the Secured Obligations, or as provided by Lawlaw, or any delay by the Administrative Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the holders of the Secured Obligations under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which that the Administrative Agent or the holders of the Secured Obligations may have.

Appears in 1 contract

Samples: Credit Agreement (North American Pipe Corp)

Nonexclusive Nature of Remedies. Failure by the Domestic Administrative Agent or the holders of the Secured Obligations Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other document documents relating to the Secured Obligations, or as provided by Lawlaw, or any delay by the Domestic Administrative Agent or the holders of the Secured Obligations Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Domestic Administrative Agent or the holders of the Secured Obligations Parties shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Domestic Administrative Agent, the holders of the Secured ObligationsParties, nor any party acting as attorney for the Domestic Administrative Agent or the holders of the Secured ObligationsParties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Domestic Administrative Agent and the holders of the Secured Obligations Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which that the Domestic Administrative Agent or the holders of the Secured Obligations Parties may have.

Appears in 1 contract

Samples: Domestic Security Agreement (Ems Technologies Inc)

Nonexclusive Nature of Remedies. Failure by the Joint Administrative Agent or the holders of the Secured Obligations Parties to exercise any right, remedy or option under this Agreement, any other Loan Document, any other document relating to the Secured Obligations, or as provided by Law, or any delay by the Joint Administrative Agent or the holders of the Secured Obligations Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Joint Administrative Agent or the holders of the Secured Obligations Parties shall only be granted as provided herein. To the extent permitted by Law, neither the Administrative Agent, the holders of the Secured ObligationsParties, nor any party acting as attorney for the Joint Administrative Agent or the holders of the Secured ObligationsParties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunderhereunder as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Joint Administrative Agent and the holders of the Secured Obligations Parties under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Joint Administrative Agent or the holders of the Secured Obligations Parties may have.

Appears in 1 contract

Samples: Security and Pledge Agreement (Green Plains Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the other holders of the Secured Obligations to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other document documents relating to the Secured Obligations, or as provided by Lawapplicable law, or any delay by the Administrative Agent or the other holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the other holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Lawapplicable law, neither the Administrative Agent, Agent nor the other holders of the Secured Obligations, nor any party acting as attorney for the Administrative Agent or the other holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the other holders of the Secured Obligations under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which that the Administrative Agent or the other holders of the Secured Obligations may have.

Appears in 1 contract

Samples: Security Agreement (Huron Consulting Group Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Security Agreement, any other Loan Credit Document, any other document Other documents relating to the Secured Obligations, or as provided by Lawlaw, or any delay by the Administrative Collateral Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Collateral Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative Collateral Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Collateral Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent Collateral Agents and the holders of the Secured Obligations under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Collateral Agent or the holders of the Secured Obligations may have.

Appears in 1 contract

Samples: Security Agreement (Rehabcare Group Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Security Agreement, any other Loan Financing Document, any other document documents relating to the Secured Obligations, or as provided by Lawlaw, or any delay by the Administrative Collateral Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Collateral Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative Collateral Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Collateral Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Collateral Agent and the holders of the Secured Obligations under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which that the Administrative Collateral Agent or the holders of the Secured Obligations may have.

Appears in 1 contract

Samples: Security Agreement (School Specialty Inc)

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Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Agreement, any other Loan Document, any other document relating to the Secured Obligations, or as provided by Law, or any delay by the Administrative Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Law, neither the Administrative Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or negligence, willful misconduct or act of bad faith hereunder. The rights and remedies of the Administrative Agent and the holders of the Secured Obligations under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the holders of the Secured Obligations may have.

Appears in 1 contract

Samples: Security and Pledge Agreement (Teradyne, Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Agreement, any other Loan Document, any other document relating to the Secured Obligations, or as provided by Law, or any delay by the Administrative Collateral Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Collateral Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by LawXxx, neither the Administrative Collateral Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Agent or the holders of the Secured ObligationsCollateral Agent, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Collateral Agent and the holders of the Secured Obligations under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Collateral Agent or the holders of the Secured Obligations may have.

Appears in 1 contract

Samples: Pledge Agreement (Huron Consulting Group Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Security Agreement, any other Loan Credit Document, any other document documents relating to the Secured Obligations, or as provided by Law, or any delay by the Administrative Collateral Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Collateral Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Law, neither the Administrative Collateral Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Collateral Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law Law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Collateral Agent and the holders of the Secured Obligations under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which that the Administrative Collateral Agent or the holders of the Secured Obligations may have.

Appears in 1 contract

Samples: Security Agreement (Rehabcare Group Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Agreement, any other Loan Credit Document, any other document relating to Swap Contract between any Credit Party and any Lender in connection with the Secured Obligations, Loans or as provided by Lawlaw, or any delay by the Administrative Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the holders of the Secured Obligations under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the holders of the Secured Obligations may have.

Appears in 1 contract

Samples: Credit Agreement (Sabra Health Care REIT, Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Security Agreement, any other Loan Credit Document, any other document documents relating to the Secured Obligations, or as provided by Lawlaw, or any delay by the Administrative Collateral Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Collateral Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative Collateral Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Collateral Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the holders of the Secured Obligations under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the holders of the Secured Obligations may have.misconduct

Appears in 1 contract

Samples: Security Agreement (Ptek Holdings Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Secured Obligations Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other document relating to the Secured Obligations, or as provided by Lawlaw, or any delay by the Administrative Agent or the holders of the Secured Obligations Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the holders of the Secured Obligations Parties shall only be granted as provided herein. To Subject to Section 9(d) hereof, to the extent permitted by Lawlaw, neither the Administrative Agent, the holders of the Secured ObligationsParties, nor any party acting as attorney for the Administrative Agent or the holders of the Secured ObligationsParties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their bad faith, gross negligence or willful misconduct hereunder, as determined by a court of competent jurisdiction by final and non-appealable judgment. The rights and remedies of the Administrative Agent and the holders of the Secured Obligations Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which that the Administrative Agent or the holders of the Secured Obligations Parties may have.

Appears in 1 contract

Samples: Security Agreement (Dermira, Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other document documents relating to the Secured Obligations, Obligations or as provided by Law, or any delay by the Administrative Collateral Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which which, in the case of the Administrative Collateral Agent or the holders of the Secured Obligations Obligations, shall only be granted as provided herein. To the extent permitted by Law, neither the Administrative Collateral Agent, the holders of the Secured Obligations, Obligations nor any party acting as attorney for the Administrative Collateral Agent or the holders of the Secured Obligations, Obligations shall be liable hereunder for any acts or omissions or for any error omissions, errors of judgment or mistake mistakes of fact or law other than Law, except to the extent that each results from its or their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Collateral Agent and the holders of the Secured Obligations under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which that the Administrative Collateral Agent or the holders of the Secured Obligations may have.

Appears in 1 contract

Samples: Security Agreement (Kraton Polymers LLC)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent Secured Party or the holders of the Secured Obligations to exercise any right, remedy or option under this Agreement, any other Loan Document, any other document relating to the Secured Obligations, or as provided by Law, or any delay by the Administrative Agent Secured Party or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent Secured Party or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Law, neither the Administrative AgentSecured Party, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Agent Secured Party or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent Secured Party and the holders of the Secured Obligations under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent Secured Party or the holders of the Secured Obligations may have.

Appears in 1 contract

Samples: Security and Pledge Agreement (InfrastruX Group, Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Agreement, any other Loan Document, any other document relating to the Secured Obligations, or as provided by Law, or any delay by the Administrative Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by LawXxx, neither the Administrative Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the holders of the Secured Obligations under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the holders of the Secured Obligations may have.

Appears in 1 contract

Samples: Security and Pledge Agreement (I3 Verticals, Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Agreement, any other Loan Document, any other document relating to the Secured Obligations, or as provided by applicable Law, or any delay by the Administrative Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by applicable Law, neither the Administrative Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the holders of the Secured Obligations under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the holders of the Secured Obligations may have.

Appears in 1 contract

Samples: Security and Pledge Agreement (Health Insurance Innovations, Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Secured Obligations Parties to exercise any right, remedy or option under this Agreement, any other Loan [Hain] Security and Pledge Agreement #66940863 Document, any other document relating to the Secured Obligations, or as provided by Law, or any delay by the Administrative Agent or the holders of the Secured Obligations Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the holders of the Secured Obligations Parties shall only be granted as provided herein. To the extent permitted by Law, neither the Administrative Agent, the holders of the Secured ObligationsParties, nor any party acting as attorney for the Administrative Agent or the holders of the Secured ObligationsParties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunderhereunder as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Administrative Agent and the holders of the Secured Obligations Parties under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the holders of the Secured Obligations Parties may have.

Appears in 1 contract

Samples: Security and Pledge Agreement (Hain Celestial Group Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Agreement, any other Loan Document, any other document relating to the Secured Obligations, or as provided by Law, or any delay by the Administrative Collateral Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Collateral Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by LawXxx, neither the Administrative Collateral Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Collateral Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Collateral Agent and the holders of the Secured Obligations under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Collateral Agent or the holders of the Secured Obligations may have.

Appears in 1 contract

Samples: Security Agreement (Huron Consulting Group Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Secured Obligations Parties to exercise any right, remedy or option under this Agreement, any other Loan Document, any other document relating to the Secured Obligations, or as provided by applicable Law, or any delay by the Administrative Agent or the holders of the Secured Obligations Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the holders of the Secured Obligations Parties shall only be granted as provided herein. To the extent permitted by applicable Law, neither the Administrative Agent, the holders of the Secured ObligationsParties, nor any party acting as attorney for the Administrative Agent or the holders of the Secured ObligationsParties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence negligence, bad faith or willful misconduct hereunderhereunder as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Administrative Agent and the holders of the Secured Obligations Parties under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the holders of the Secured Obligations Parties may have.

Appears in 1 contract

Samples: Security and Pledge Agreement (Irobot Corp)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Agreement, any other Loan Document, any other document relating to the Secured Obligations, or as provided by Law, or any delay by the Administrative Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Law, neither the Administrative Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than those resulting from their gross negligence or willful misconduct hereunder or from their breach in bad faith of their obligations hereunder. The rights and remedies of the Administrative Agent and the holders of the Secured Obligations under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the holders of the Secured Obligations may have.

Appears in 1 contract

Samples: Credit Agreement (Dice Holdings, Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Security Agreement, any other Loan Credit Document, any other document documents relating to the Secured Obligations, or as provided by Lawlaw, or any delay by the Administrative Collateral Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Collateral Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative Collateral Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Collateral Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent Collateral Agents and the holders of the Secured Obligations under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which that the Administrative Collateral Agent or the holders of the Secured Obligations may have.

Appears in 1 contract

Samples: Security Agreement (School Specialty Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the holders any holder of the Secured Obligations to exercise any right, remedy or option under this Security Agreement, any other Loan Credit Document, any other document relating to the Secured Obligations, or as provided by Lawlaw, or any delay by the Administrative Collateral Agent or the holders any holder of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Collateral Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative Collateral Agent, the holders any holder of the Secured Obligations, nor any party acting as attorney for the Administrative Collateral Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence negligence, bad faith or willful misconduct hereunder. The rights and remedies of the Administrative Collateral Agent and the holders of the Secured Obligations under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Collateral Agent or the holders of the Secured Obligations may have.

Appears in 1 contract

Samples: Credit Agreement (Rock-Tenn CO)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Domestic Security Agreement, any other Loan Note Document, any other document documents relating to the Secured Obligations, or as provided by Lawlaw, or any delay by the Administrative Collateral Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Collateral Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative Collateral Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Collateral Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Collateral Agent and the holders of the Secured Obligations under this Domestic Security Agreement shall be cumulative and not exclusive of any other right or remedy which that the Administrative Collateral Agent or the holders of the Secured Obligations may have.

Appears in 1 contract

Samples: Domestic Security Agreement (GFI Group Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Secured Obligations Parties to exercise any right, remedy or option under this Agreement, any other Loan Document, any other document relating to the Secured Obligations, or as provided by Law, or any delay by the Administrative Agent or the holders of the Secured Obligations Parties in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective 169074829v3 200207.000113 unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the holders of the Secured Obligations Parties shall only be granted as provided herein. To the extent permitted by LawXxx, neither the Administrative Agent, the holders of the Secured ObligationsParties, nor any party acting as attorney for the Administrative Agent or the holders of the Secured ObligationsParties, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunderhereunder as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Administrative Agent and the holders of the Secured Obligations Parties under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the holders of the Secured Obligations Parties may have.

Appears in 1 contract

Samples: Security and Pledge Agreement (Bowman Consulting Group Ltd.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Agreement, any other Loan Document, any other document relating to the Secured Obligations, or as provided by Law, or any delay by the Administrative Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Law, neither the Administrative Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the holders of the Secured Obligations under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the holders of the Secured Obligations may have.

Appears in 1 contract

Samples: Security and Pledge Agreement (Ciber Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or or, if applicable pursuant to Section 21 hereto, the holders of the Secured Obligations Required Lenders to exercise any right, remedy or option under this Agreement, any other Loan Document, any other document relating to the Secured Obligations, or as provided by Law, or any delay by the Administrative Agent or the holders of the Secured Obligations Required Lenders in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent or the holders of the Secured Obligations Required Lenders shall only be granted as provided herein. To the extent permitted by Law, neither none of the Administrative Agent, the holders of the Secured Obligations, nor Obligations or any party acting as attorney for the Administrative Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their its (or any of its Related Parties’) gross negligence or negligence, willful misconduct hereunderor bad faith. The rights and remedies of the Administrative Agent and the holders of the Secured Obligations under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the holders of the Secured Obligations may have.

Appears in 1 contract

Samples: Letter of Credit Facility Agreement (GT Solar International, Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the holders of the Secured Obligations to exercise any right, remedy or option under this Agreement, any other Loan Indenture Document, any other document relating to the Secured Obligations, or as provided by Law, or any delay by the Administrative Collateral Agent or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Collateral Agent or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by LawXxx, neither the Administrative Collateral Agent, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Collateral Agent or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Collateral Agent and the holders of the Secured Obligations under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Collateral Agent or the holders of the Secured Obligations may have.

Appears in 1 contract

Samples: Indenture (StoneX Group Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent Secured Party or the holders of the Secured Obligations to exercise any right, remedy or option under this Security Agreement, any other Loan DocumentTransaction Agreement, any other document documents relating to the Secured Obligations, or as provided by Lawlaw, or any delay by the Administrative Agent Secured Party or the holders of the Secured Obligations in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Administrative Agent Secured Party or the holders of the Secured Obligations shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative AgentSecured Party, the holders of the Secured Obligations, nor any party acting as attorney for the Administrative Agent Secured Party or the holders of the Secured Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent Secured Party and the holders of the Secured Obligations under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which that the Administrative Agent Secured Party or the holders of the Secured Obligations may have.

Appears in 1 contract

Samples: General Security Agreement (Thomas Equipment, Inc.)

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