Common use of Nonexclusive Nature of Remedies Clause in Contracts

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured 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 Secured 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 Secured Parties shall only be granted as provided herein. To the extent permitted by Law, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, 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, bad faith or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Administrative Agent and the Secured Parties under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Secured Parties may have.

Appears in 3 contracts

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

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Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Credit Document, any other document relating to the Secured Obligations, Hedging Agreement or as provided by Lawlaw, or any delay by the Administrative Agent or the Secured 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 Secured Parties shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, 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, bad faith negligence or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdictionhereunder. The rights and remedies of the Administrative Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Secured Parties may have.

Appears in 3 contracts

Samples: Security Agreement (Pantry Inc), Security Agreement (Pantry Inc), Security Agreement (Pantry Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured 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 Secured 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 Secured Parties shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, 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, bad faith negligence or willful misconduct hereunder hereunder, as determined by a court of competent jurisdiction by final and non-appealable judgment of a court of competent jurisdictionjudgment. The rights and remedies of the Administrative Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which that the Administrative Agent or the Secured Parties may have.

Appears in 2 contracts

Samples: Security Agreement (Kala Pharmaceuticals, Inc.), Security Agreement (Recro Pharma, Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the Secured Parties to exercise any right, remedy or option under this Agreement, any other Loan Transaction 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 Secured 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 Collateral Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative Collateral Agent, the Secured Parties, nor any party acting as attorney for the Administrative Collateral Agent or the Secured Parties, 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, bad faith negligence or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdictionhereunder. The rights and remedies of the Administrative Collateral Agent and the Secured Parties under this Agreement shall be cumulative and not exclusive of any other right or remedy which that the Administrative Collateral Agent or the Secured Parties may have.

Appears in 2 contracts

Samples: Guaranty and Security Agreement (Venus Concept Inc.), Guaranty and Security Agreement (Venus Concept Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured 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 Secured 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 Secured Parties shall only be granted as provided herein. To the extent permitted by LawXxx, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, 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, bad faith negligence or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Administrative Agent and the Secured Parties under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Secured Parties may have.

Appears in 2 contracts

Samples: Security and Pledge Agreement (Agilysys Inc), Security and Pledge Agreement (Babcock & Wilcox Enterprises, Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the any Secured Parties Party 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 any Secured Parties Party 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 Secured Parties shall only be granted as provided herein. To the extent permitted by applicable Law, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, 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, bad faith negligence or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdictionhereunder. The rights and remedies of the Administrative Agent and the Secured Parties under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Secured Parties may have.

Appears in 2 contracts

Samples: Credit Agreement (Mohawk Industries Inc), Credit Agreement (Mohawk Industries Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties Lenders to exercise any right, remedy or option under this Agreement, any other Loan Document, any other document relating to the Secured ObligationsSwap Contract between any Obligor and any Lender, or as provided by Lawlaw, or any delay by the Administrative Agent or the Secured Parties 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 Secured Parties Lenders shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative Agent, the Secured PartiesLenders, nor any party acting as attorney for the Administrative Agent or the Secured PartiesLenders, 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, bad faith negligence or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdictionhereunder. The rights and remedies of the Administrative Agent Agents and the Secured Parties Lenders under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Secured Parties Lenders may have.

Appears in 2 contracts

Samples: Security and Pledge Agreement (Inamed Corp), Credit Agreement (Sierra Health Services Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured 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 Law, or any delay by the Administrative Agent or the Secured 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 Secured Parties shall only be granted as provided herein. To the extent permitted by Law, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, 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, bad faith negligence or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdictionhereunder. The rights and remedies of the Administrative Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which that the Administrative Agent or the Secured Parties may have.

Appears in 2 contracts

Samples: Security Agreement (Louisiana-Pacific Corp), Security Agreement (Louisiana-Pacific Corp)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured 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 Secured 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 Secured Parties shall only be granted as provided herein. To the extent permitted by Law, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, 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, bad faith negligence or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdictionhereunder. The rights and remedies of the Administrative Agent and the Secured Parties under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Secured Parties may have.

Appears in 2 contracts

Samples: Security and Pledge Agreement (Lydall Inc /De/), Credit Agreement (Fleetcor Technologies Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Secured Parties Obligations to exercise any right, remedy or option under this Agreement, any other Loan Credit Document, any other document relating to Swap Contract or any Treasury Management Agreement 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 Parties 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 Parties Obligations shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative Agent, the holders of the Secured PartiesObligations, nor any party acting as attorney for the Administrative Agent or the holders of the Secured PartiesObligations, 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, bad faith negligence or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdictionhereunder. The rights and remedies of the Administrative Agent and the holders of the Secured Parties 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 Parties Obligations may have.

Appears in 2 contracts

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

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties Lenders to exercise any right, remedy or option under this Security 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 Secured Parties 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 Secured Parties Lenders shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative Agent, the Secured PartiesLenders, nor any party acting as attorney for the Administrative Agent or the Secured PartiesLenders, 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, bad faith negligence or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdictionhereunder. The rights and remedies of the Administrative Agent and the Secured Parties Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Secured Parties Lenders may have.

Appears in 2 contracts

Samples: Credit Agreement (Omega Healthcare Investors Inc), Security Agreement (Omega Healthcare Investors Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured 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 Secured 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 Secured Parties shall only be granted as provided herein. To the extent permitted by Law, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, 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, bad faith negligence or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Administrative Agent and the Secured Parties under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Secured Parties may have.

Appears in 2 contracts

Samples: Security Agreement (3d Systems Corp), Security Agreement (Monster Worldwide, Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties Lenders to exercise any right, remedy or option under this Agreement, any other Loan Document, any other document relating to the Secured ObligationsSwap Contract and/or Treasury Management Agreement between any Obligor and any Lender, or as provided by Lawlaw, or any delay by the Administrative Agent or the Secured Parties 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 Secured Parties Lenders shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative Agent, the Secured PartiesLenders, nor any party acting as attorney for the Administrative Agent or the Secured PartiesLenders, 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, bad faith negligence or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdictionhereunder. The rights and remedies of the Administrative Agent Agents and the Secured Parties Lenders under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Secured Parties Lenders may have.

Appears in 1 contract

Samples: Security and Pledge Agreement (Team Health Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured 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 Secured 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 Secured Parties shall only be granted as provided herein. To the extent permitted by Law, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, 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, bad faith negligence or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdictionjurisdiction by final and nonappealable judgment. The rights and remedies of the Administrative Agent and the Secured Parties under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Secured Parties may have.

Appears in 1 contract

Samples: Security and Pledge Agreement (Newport Corp)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties 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 Secured 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 Secured Parties shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative Agent, the Secured Parties, Agent nor any party acting as attorney for the Administrative Agent or the Secured Parties, 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, bad faith negligence or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdictionhereunder. The rights and remedies of the Administrative Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which that the Administrative Agent or the Secured Parties may have.

Appears in 1 contract

Samples: Security Agreement (Bioreliance Corp)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Note Document, any other document relating to the Secured Obligations, Additional Pari Passu Agreement or as provided by Lawlaw, or any delay by the Administrative Collateral Agent or the Secured 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 Collateral Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative Collateral Agent, the Secured Parties, nor any party acting as attorney for the Administrative Collateral Agent or the Secured Parties, 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, bad faith negligence or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdictionhereunder. The rights and remedies of the Administrative Collateral Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Collateral Agent or the Secured Parties may have.

Appears in 1 contract

Samples: Second Lien Security Agreement (Gencorp Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured 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 Secured 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 Secured Parties shall only be granted as provided herein. To the extent permitted by Law, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, 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, bad faith negligence or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdictionhereunder. The rights and remedies of the Administrative Agent and the Secured Parties under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Secured Parties may have.

Appears in 1 contract

Samples: Security and Pledge Agreement (Nutri System Inc /De/)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the Secured Parties Debenture Holders to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other document relating to the Secured ObligationsDebentures, or as provided by Lawlaw, or any delay by the Administrative Collateral Agent or the Secured Parties Debenture Holders 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 Secured Parties Debenture Holders shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative Collateral Agent, the Secured PartiesDebenture Holders, nor any party acting as attorney for the Administrative Collateral Agent or the Secured PartiesDebenture Holders, 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, bad faith negligence or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdictionhereunder. The rights and remedies of the Administrative Collateral Agent and the Secured Parties Debenture Holders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Collateral Agent or the Secured Parties Debenture Holders may have.

Appears in 1 contract

Samples: Security Agreement (American Healthchoice Inc /Ny/)

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Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured 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 Secured 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 Secured Parties shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, 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, bad faith negligence or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdictionhereunder. The rights and remedies of the Administrative Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which that the Administrative Agent or the Secured Parties may have.

Appears in 1 contract

Samples: Security Agreement (RedHill Biopharma Ltd.)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the any Secured Parties Party to exercise any right, remedy or option under this Security Agreement, any other Loan Credit Document, any other document relating to the Secured Obligations, Hedging Agreement or as provided by Lawlaw, or any delay by the Administrative Collateral Agent or the any Secured Parties Party 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 Secured Parties shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative Collateral Agent, the nor any Secured PartiesParty, nor any party acting as attorney for the Administrative Collateral Agent or the Secured Parties, 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, bad faith negligence or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdictionhereunder. The rights and remedies of the Administrative Collateral Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Collateral Agent or the Secured Parties may have.

Appears in 1 contract

Samples: Credit Agreement (Rock-Tenn CO)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the any Secured Parties Party 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 any Secured Parties Party 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 Secured Parties shall only be granted as provided herein. To the extent CHL:45826.4 permitted by Law, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, 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, bad faith negligence or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdictionhereunder. The rights and remedies of the Administrative Agent and the Secured Parties under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Secured Parties may have.

Appears in 1 contract

Samples: Collateral Agreement (Dynamics Research Corp)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties Lenders to exercise any right, remedy or option under this Security Agreement, any other Loan Credit Document, any other document relating to Hedging Agreement 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 Secured Parties 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 Secured Parties Lenders shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative Agent, the Secured PartiesLenders, nor any party acting as attorney for the Administrative Agent or the Secured PartiesLenders, 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, bad faith negligence or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdictionhereunder. The rights and remedies of the Administrative Agent and the Secured Parties Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Secured Parties Lenders may have.

Appears in 1 contract

Samples: Security Agreement (PRG Schultz International Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Credit Document, any other document relating to the Secured Obligations, Hedging Agreement or as provided by Lawlaw, or any delay by the Administrative Agent or the Secured 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 Secured Parties shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, 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, bad faith negligence or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdictionhereunder. The rights and remedies of the Administrative Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Secured Parties may have.

Appears in 1 contract

Samples: Security Agreement (Pantry Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured 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 Secured 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 Secured Parties shall only be granted as provided herein. To the extent permitted by Law, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, 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, bad faith negligence or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Administrative Agent and the Secured Parties under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Secured Parties may have.

Appears in 1 contract

Samples: Intercreditor Agreement (Wausau Paper Corp.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties Creditors 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 Secured Parties Creditors 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 Secured Parties Creditors shall only be granted as provided herein. To the extent permitted by Lawapplicable law, neither the Administrative Agent, the Secured PartiesCreditors, nor any party acting as attorney for the Administrative Agent or the Secured PartiesCreditors, 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, bad faith negligence or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdictionhereunder. The rights and remedies of the Administrative Agent and the Secured Parties Creditors under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which that the Administrative Agent or the Secured Parties Creditors may have.

Appears in 1 contract

Samples: Security Agreement (Ruby Tuesday Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured 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 Secured 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 Secured Parties shall only be granted as provided herein. To the extent permitted by Law, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, 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, bad faith negligence or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Administrative Agent and the Secured Parties under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Agent or the Secured Parties may have.

Appears in 1 contract

Samples: Security and Pledge Agreement (LIVE VENTURES Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the Secured Parties 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 Secured 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 Secured Parties shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative Agent, the Secured Parties, nor any party acting as attorney for the Administrative Agent or the Secured Parties, 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, bad faith negligence or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdictionhereunder. The rights and remedies of the Administrative Agent Agents and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which that the Administrative Agent or the Secured Parties may have.

Appears in 1 contract

Samples: Credit Agreement (Cbeyond Communications Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent Seller or the Secured Parties to exercise any right, remedy or option under this 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 Agent Seller or the Secured 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 Seller or the Secured Parties shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative AgentSeller, the Secured Parties, nor any party acting as attorney for the Administrative Agent Seller or the Secured Parties, 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, bad faith negligence or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdictionhereunder. The rights and remedies of the Administrative Agent Seller and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which that the Administrative Agent Seller or the Secured Parties may have.

Appears in 1 contract

Samples: Security Agreement (Medcath Corp)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the Secured Parties to exercise any right, remedy or option under this Security Agreement, the Indenture, any other Loan Document, any other document relating to the Secured Obligations, Collateral Document or as provided by Lawlaw, or any delay by the Administrative Collateral Agent or the Secured 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 Collateral Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Administrative Collateral Agent, the Secured Parties, nor any party acting as attorney for the Administrative Collateral Agent or the Secured Parties, 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, bad faith negligence or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdictionhereunder. The rights and remedies of the Administrative Collateral Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Collateral Agent or the Secured Parties may have.

Appears in 1 contract

Samples: Security Agreement (Unifi Inc)

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