Nonexclusive Nature of Remedies. Failure by the Agent or the Lenders to exercise any right, remedy or option under this Security Agreement, any other Credit Document or as provided by law, or any delay by the Agent or the 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 Agent or the Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Agent, the Lenders, nor any party acting as attorney for the Agent or the Lenders, 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 Agents and the Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Agent or the Lenders may have.
Appears in 6 contracts
Samples: Security Agreement (Moll Industries Inc), Credit Agreement (Moll Industries Inc), Security Agreement (Fresh Foods Inc)
Nonexclusive Nature of Remedies. Failure by the Agent or the Lenders to exercise any right, remedy or option under this Security Agreement, any other Credit Loan Document or as provided by law, or any delay by the Agent or the 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 Agent or the Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Agent, the Lenders, nor any party acting as attorney for the Agent or the Lenders, 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 Agents and the Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Agent or the Lenders may have.
Appears in 3 contracts
Samples: Guaranty and Security Agreement (Infocrossing Inc), Guaranty and Security Agreement (Infocrossing Inc), Guaranty and Security Agreement (Infocrossing Inc)
Nonexclusive Nature of Remedies. Failure by the Agent Agents or the Lenders to exercise any right, remedy remedy, or option under this Security Agreement, any other Credit Document or as provided by law, or any delay by the Agent Agents or the Lenders in exercising the same, shall not operate as a waiver of any such right, remedy 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 Agent Agents or the Lenders shall only be granted as provided herein. To the extent permitted by law, neither the AgentAgents, the Lenders, nor any party acting as attorney for the Agent Agents or the Lenders, 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 Agents and the Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Agent Agents or the Lenders may have.
Appears in 2 contracts
Samples: Security Agreement (Friedmans Inc), Security Agreement (Friedmans Inc)
Nonexclusive Nature of Remedies. Failure by the Collateral Agent or the Lenders to exercise any right, remedy or option under this Security Agreement, Agreement or any other agreement between any such Credit Document Party and the Collateral Agent or as any of the Banks, or provided by law, or any delay by the Collateral Agent or the Lenders in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver; 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 Collateral Agent or the Lenders shall only be granted as provided hereinin Section 12 hereof. To the extent permitted by law, neither the Agent, the LendersCollateral Agent nor any Bank, nor any party acting as attorney for the Collateral Agent or the Lendersany Bank, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their for its gross negligence or negligence, willful misconduct or unlawful conduct hereunder. The rights and remedies of the Agents and the Lenders Collateral Agent under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Collateral Agent or the Lenders Banks may have.
Appears in 2 contracts
Samples: Security and Pledge Agreement (Anvil Holdings Inc), Security and Pledge Agreement (Cottontops Inc)
Nonexclusive Nature of Remedies. Failure by the Agent or the Lenders to exercise any right, remedy or option under this Security Agreement, any other Credit Document or as provided by law, or any delay by the Agent or the 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 Agent or the Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Agent, the Lenders, nor any party acting as attorney for the Agent or the Lenders, 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 Agents Agent and the Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Agent or the Lenders may have.
Appears in 2 contracts
Samples: Security Agreement (M & M Properties Inc), Security Agreement (MST Enterprises Inc)
Nonexclusive Nature of Remedies. Failure by the Agent or the Lenders to exercise any right, remedy or option under this Security Agreement, Agreement or any other Credit Document or as provided by law, or any delay by the Agent or the 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 Agent or the Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Agent, the Lenders, nor any party acting as attorney for the Agent or the Lenders, 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 Agents Agent and the Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Agent or the Lenders may have.
Appears in 1 contract
Samples: Security Agreement (American Medical Systems Holdings Inc)
Nonexclusive Nature of Remedies. Failure by the Agent or the Lenders Banks to exercise any right, remedy or option under this Security Agreement, any other Credit Financing Document or as provided by law, or any delay by the Agent or the Lenders Banks 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 statedstated therein, which in the case of the Agent or the Lenders Banks shall only be granted as provided herein. To the extent permitted by law, neither the Agent, the LendersBanks, nor any party acting as attorney for the Agent or the LendersBanks, 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 Agents and the Lenders Banks under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Agent or the Lenders Banks may have.
Appears in 1 contract
Samples: Security Agreement (CNF Inc)
Nonexclusive Nature of Remedies. Failure by the Agent or the Lenders to exercise any right, remedy or option under this Security Agreement, Agreement or any other Credit Document or as provided by law, or any delay by the Agent or the 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 Agent or the Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Agent, the Lenders, nor any party acting as attorney for the Agent or the Lenders, 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 Agents and the Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Agent or the Lenders may have.
Appears in 1 contract
Samples: Credit Agreement (Genicom Corp)
Nonexclusive Nature of Remedies. Failure by the Agent or ------------------------------- the Lenders to exercise any right, remedy or option under this Security Agreement, any other Credit Document or any Hedging Agreement or as provided by law, or any delay by the Agent or the 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, writing and signed by the party against whom such waiver is sought to be enforced and then enforced. Any such waiver shall be effective only to the extent specifically stated, which in the case of the Agent or the Lenders stated and shall only be granted as provided herein. To the extent permitted by law, neither the Agent, the Lenders, nor any party acting as attorney for the Agent or the Lenders, 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 Agents Agent and the Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Agent or the Lenders may have.
Appears in 1 contract
Nonexclusive Nature of Remedies. Failure by the Agent or the ------------------------------- Lenders to exercise any right, remedy or option under this Security Agreement, any other Credit Document or as provided by law, or any delay by the Agent or the 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 Agent or the Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Agent, the Lenders, nor any party acting as attorney for the Agent or the Lenders, 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 Agents Agent and the Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Agent or the Lenders may have.
Appears in 1 contract
Samples: Security Agreement (National Equipment Services Inc)
Nonexclusive Nature of Remedies. Failure by the Agent or the Lenders to exercise any right, remedy or option under this Security Agreement, any other Credit Loan Document or as provided by law, or any delay by the Agent or the 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 Agent or the Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Agent, the Lenders, nor any party acting as attorney for the Agent or the Lenders, 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 Agents Agent and the Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Agent or the Lenders may have.
Appears in 1 contract
Samples: Security Agreement (Unifi Inc)
Nonexclusive Nature of Remedies. Failure by the Collateral Agent or the Lenders to exercise any right, remedy or option under this Security Agreement, Agreement or any other agreement between any such Credit Document Party and the Collateral Agent or as any of the Lenders, or provided by law, or any delay by the Collateral Agent or the Lenders in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver; 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 Collateral Agent or the Lenders shall only be granted as provided hereinin Section 12 hereof. To the extent permitted by law, neither the Agent, the LendersCollateral Agent nor any Lender, nor any party acting as attorney for the Collateral Agent or the Lendersany Lender, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their for its gross negligence or negligence, willful misconduct or unlawful conduct hereunder. The rights and remedies of the Agents and the Lenders Collateral Agent under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Collateral Agent or the Lenders may have.
Appears in 1 contract
Nonexclusive Nature of Remedies. Failure by the Agent or the Lenders to exercise any right, remedy or option under this Security Agreement, any other Credit Subordinated Note Document or as provided by law, or any delay by the Agent or the 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 Agent or the Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Agent, the Lenders, nor any party acting as attorney for the Agent or the Lenders, 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 Agents Agent and the Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Agent or the Lenders may have.
Appears in 1 contract
Nonexclusive Nature of Remedies. Failure by the Agent or the Lenders to exercise any right, remedy or option under this Security Agreement, Agreement or any other Credit Document or as provided by law, or any delay by the Agent or the 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 Agent or the Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Agent, the Lenders, nor any party acting as attorney for the Agent or the Lenders, 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 Agents and the Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Agent or the Lenders may have.
Appears in 1 contract
Nonexclusive Nature of Remedies. Failure by the Agent or the Lenders to exercise any right, remedy or option under this Security Agreement, Agreement or any other Credit Document or as provided by law, or any delay by the Agent or the 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 Agent or the Lenders shall only be granted as provided herein. To the extent permitted by law, neither the Agent, the Lenders, Lenders nor any party acting as attorney for the Agent or the Lenders, Lenders 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 Agents Agent and the Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Agent or the Lenders may have.
Appears in 1 contract
Samples: Security Agreement (Integrated Living Communities Inc)
Nonexclusive Nature of Remedies. Failure by the Agent Agents or the Lenders to exercise any right, remedy or option under this Security Agreement, any other Credit Document or as provided by law, or any delay by the Agent Agents or the 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 Agent Agents or the Lenders shall only be granted as provided herein. To the extent permitted by law, neither the AgentAgents, the Lenders, nor any party acting as attorney for the Agent Agents or the Lenders, 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 Agents and the Lenders under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Agent Agents or the Lenders may have.
Appears in 1 contract
Samples: Credit Agreement (Delta Woodside Industries Inc /Sc/)