Nonexclusive Nature of Remedies. Failure by the Secured Party or the Secured Parties to exercise any right, remedy or option under this Agreement, any other Loan Document, any other document relating to the Obligations, or as provided by Law, or any delay by the Secured Party 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 Secured Party or the Secured Parties shall only be granted as provided herein. To the extent permitted by Law, neither the Secured Party, the Secured Parties, nor any party acting as attorney for the Secured Party 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 or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Secured Party and the Secured Parties under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Secured Party or the Secured Parties may have.
Appears in 5 contracts
Samples: Security Agreement (Air T Inc), Security Agreement, Security Agreement (Air T Inc)
Nonexclusive Nature of Remedies. Failure by the Secured Party Collateral Agent or the other Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other document relating to the Obligations, Credit Document or as provided by Lawlaw, or any delay by the Secured Party Collateral Agent or the other 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 Secured Party Collateral Agent or the other Secured Parties shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Secured PartyCollateral Agent, the other Secured Parties, nor any party acting as attorney for the Secured Party Collateral Agent or the other 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 or willful misconduct hereunder hereunder, as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Secured Party Collateral Agent and the other Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Secured Party Collateral Agent or the other Secured Parties may have.
Appears in 4 contracts
Samples: Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc)
Nonexclusive Nature of Remedies. Failure by the Secured Party Collateral Agent or the other Secured Parties to exercise any right, remedy or option under this Pledge Agreement, any other Loan Document, any other document relating to the Obligations, Credit Document or as provided by Lawlaw, or any delay by the Secured Party Collateral Agent or the other 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 Secured Party Collateral Agent or the other Secured Parties shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Secured PartyCollateral Agent, the other Secured Parties, nor any party acting as attorney for the Secured Party Collateral Agent or the other 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 or willful misconduct hereunder hereunder, as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Secured Party Collateral Agent and the other Secured Parties under this Pledge Agreement shall be cumulative and not exclusive of any other right or remedy which the Secured Party Collateral Agent or the other Secured Parties may have.
Appears in 4 contracts
Samples: Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc)
Nonexclusive Nature of Remedies. Failure by the Secured Party Lender 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 Secured Party Lender 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 Secured Party Lender or the Secured Parties shall only be granted as provided herein. To the extent permitted by Law, neither the Secured PartyLender, the Secured Parties, nor any party acting as attorney for the Secured Party Lender 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 or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Secured Party Lender and the Secured Parties under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Secured Party Lender or the Secured Parties may have.
Appears in 3 contracts
Samples: Security and Pledge Agreement (AstroNova, Inc.), Security and Pledge Agreement, Security and Pledge Agreement (AstroNova, Inc.)
Nonexclusive Nature of Remedies. Failure by the Administrative Agent or any Secured Party 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 applicable Law, or any delay by the Administrative Agent or any Secured Party 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 Secured Party Administrative Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by applicable Law, neither the Secured PartyAdministrative Agent, the Secured Parties, nor any party acting as attorney for the Secured Party 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 or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdictionhereunder. The rights and remedies of the Secured Party Administrative Agent and the Secured Parties under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Secured Party Administrative Agent or the Secured Parties may have.
Appears in 3 contracts
Samples: Credit Agreement (COMMERCIAL METALS Co), Credit Agreement (Mohawk Industries Inc), Credit Agreement (Mohawk Industries Inc)
Nonexclusive Nature of Remedies. Failure by the Secured Party Collateral Agent or the other Secured Parties to exercise any right, remedy or option under this Agreement, any other Loan Document, any other document relating to the Obligations, or as provided by Law, or any delay by the Secured Party Collateral Agent or the other 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 Secured Party Collateral Agent or the other Secured Parties shall only be granted as provided herein. To the extent permitted by Law, neither the Secured PartyCollateral Agent, the other Secured Parties, nor any party acting as attorney for the Secured Party 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 or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Secured Party Collateral Agent and the Secured Parties under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Secured Party Collateral Agent or the Secured Parties may have.
Appears in 2 contracts
Samples: Credit Agreement (Advanced Emissions Solutions, Inc.), Credit Agreement (Advanced Emissions Solutions, Inc.)
Nonexclusive Nature of Remedies. Failure by the Secured Party Collateral Agent or the Secured Parties to exercise any right, remedy or option under this Security Agreement, any other Loan Secured Credit Document, any other document relating to the Obligations, or as provided by Lawlaw, or any delay by the Secured Party 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 Secured Party Collateral Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Secured PartyCollateral Agent, the Secured PartiesParties (other than the Initial Borrower), nor any party acting as attorney for the Secured Party Collateral Agent or the such 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 or willful misconduct hereunder hereunder, as finally determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Secured Party Collateral Agent and the Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Secured Party Collateral Agent or the Secured Parties may have.
Appears in 2 contracts
Samples: Security Agreement (Capitalsource Inc), Security Agreement (Capitalsource Inc)
Nonexclusive Nature of Remedies. Failure by the Secured Party Lender 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 Secured Party Lender 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 Secured Party Lender or the Secured Parties shall only be granted as provided herein. To the extent permitted by LawXxx, neither the Secured PartyLender, the Secured Parties, nor any party acting as attorney for the Secured Party Lender 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 or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Secured Party Lender and the Secured Parties under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Secured Party Lender or the Secured 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 any other Secured Party 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 Obligations, or as provided by Law, or any delay by the Administrative Agent or any other Secured Party 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 Secured Party Administrative Agent or the other Secured Parties shall only be granted as provided herein. To the extent permitted by Law, neither the Secured PartyAdministrative Agent, the other Secured Parties, nor any party acting as attorney for the Secured Party Administrative Agent or the other 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 or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdictionjurisdiction by a final and nonappealable judgment. The rights and remedies of the Secured Party Administrative Agent and the other Secured Parties under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Secured Party Administrative Agent or the other Secured Parties may have.
Appears in 1 contract
Nonexclusive Nature of Remedies. Failure by the Secured Party 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 Secured Party 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 Secured Party Administrative Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by LawLxx, neither the Secured PartyAdministrative Agent, the Secured Parties, nor any party acting as attorney for the Secured Party 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 or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Secured Party Administrative Agent and the Secured Parties under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Secured Party Administrative Agent or the Secured Parties may have.
Appears in 1 contract
Samples: Security and Pledge Agreement (Good Times Restaurants Inc.)
Nonexclusive Nature of Remedies. Failure by the Secured Party 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 Lawlaw, or any delay by the Secured Party 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 Secured Party Administrative Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by Lawlaw, neither the Secured PartyAdministrative Agent, the Secured Parties, nor any party acting as attorney for the Secured Party 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 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 Secured Party Administrative Agent and the Secured Parties under this Agreement shall be cumulative and not exclusive of any other right or remedy which that the Secured Party Administrative Agent or the Secured Parties may have.
Appears in 1 contract
Nonexclusive Nature of Remedies. Failure by the Secured Party 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 Obligations, or as provided by Law, or any delay by the Secured Party 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 Secured Party Administrative Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by Law, neither the Secured PartyAdministrative Agent, the Secured Parties, nor any party acting as attorney for the Secured Party 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 or negligence, willful misconduct or bad faith hereunder as determined by a final non-appealable judgment of a court of competent jurisdiction. The rights and remedies of the Secured Party Administrative Agent and the Secured Parties under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Secured Party Administrative Agent or the Secured Parties may have.
Appears in 1 contract
Samples: Security and Pledge Agreement (Hain Celestial Group Inc)
Nonexclusive Nature of Remedies. Failure by the Secured Party Collateral Agent or the Secured Parties to exercise any right, remedy or option under this Agreement, any other Loan Financing Document, any other document relating to the Secured Obligations, or as provided by Law, or any delay by the Secured Party 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 Secured Party Collateral Agent or the Secured Parties shall only be granted as provided herein. To the extent permitted by Law, neither the Secured PartyCollateral Agent, the Secured Parties, nor any party acting as attorney for the Secured Party 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 or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdictionhereunder. The rights and remedies of the Secured Party Collateral Agent and the Secured Parties under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Secured Party Collateral Agent or the Secured Parties may have.
Appears in 1 contract
Nonexclusive Nature of Remedies. Failure by the Secured Party Lender 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 Secured Party Lender 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 Secured Party Lender or the Secured Parties shall only be granted as provided herein. To the extent permitted by Law, neither the Secured PartyLender, the Secured Parties, nor any party acting as attorney for the Secured Party Lender 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 (i) their gross negligence or willful misconduct hereunder as determined by a final non-appealable judgment of a court of competent jurisdictionjurisdiction or (ii) in connection with a dispute among the parties hereto and the Grantors are the prevailing party in such dispute. The rights and remedies of the Secured Party Lender and the Secured Parties under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Secured Party Lender or the Secured Parties may have.
Appears in 1 contract