Nonexclusive Nature of Remedies. Failure by the Lender 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 Lender 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 Lender shall only be granted as provided herein. To the extent permitted by applicable law, neither the Lender, nor any party acting as attorney for the 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 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 Lender under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Lender may have.
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Nonexclusive Nature of Remedies. Failure by the Lender Grantee to exercise any right, remedy or option under this Agreement, any other Loan Bond Document, any other document relating to the Secured Obligations, or as provided by applicable law, or any delay by the Lender Grantee 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 Lender Grantee shall only be granted as provided herein. To the extent permitted by applicable law, neither the LenderGrantee, nor any party acting as attorney for the LenderGrantee, 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, fraud or willful misconduct hereunder misconduct, as determined by a final non-appealable judgment of a court of competent jurisdictionjurisdiction by final and non- appealable judgment. The rights and remedies of the Lender Grantee under this Agreement shall be cumulative and not exclusive of any other right or remedy which that the Lender Grantee may have.
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Samples: Pledge and Security Agreement
Nonexclusive Nature of Remedies. Failure by the Lender Trustee to exercise any right, remedy or option under this Agreement, any other Loan Documentthe Guaranty, any other document relating to the Secured Obligations, or as provided by applicable lawLaw, or any delay by the Lender Trustee 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 Lender Trustee shall only be granted as provided herein. To the extent permitted by applicable lawLaw, neither the LenderTrustee, nor any party acting as attorney for the LenderTrustee, 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 Lender Trustee under this Agreement shall be cumulative and not exclusive of any other right or remedy which that the Lender Trustee may have.
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Nonexclusive Nature of Remedies. Failure by the Lender Trustee to exercise any right, remedy or option under this Agreement, any other Loan Documentthe Guaranty, any other document relating to the Secured Obligations, or as provided by applicable lawLaw, or any delay by the Lender Trustee 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 Lender Trustee shall only be granted as provided herein. To the extent permitted by applicable lawXxx, neither the LenderTrustee, nor any party acting as attorney for the LenderTrustee, 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 Lender Trustee under this Agreement shall be cumulative and not exclusive of any other right or remedy which that the Lender Trustee may have.
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Samples: Guaranty Agreement
Nonexclusive Nature of Remedies. Failure by the Lender to exercise any right, remedy following the occurrence of an Event of Default or any other right or option under this Agreement, any other Loan Document, any other document relating to the Secured Obligations, or as provided by applicable lawLaw, or any delay by the Lender 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 Lender shall only be granted as provided herein. To the extent permitted by applicable lawXxx, neither the Lender, Xxxxxx nor any party acting as attorney for the LenderXxxxxx, 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 that has been determined by a final non-appealable judgment of from a court of competent jurisdiction. The rights and remedies of the Lender under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Lender may have.
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Nonexclusive Nature of Remedies. Failure by the Lender to exercise any right, remedy or option under this Agreement, any other the Loan DocumentAgreement, any other document relating to the Secured Obligations, or as provided by applicable law, or any delay by the Lender 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 Lender shall only be granted as provided herein. To the extent permitted by applicable law, neither the Lender, Lender nor any party acting as attorney for the 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 gross negligence or willful misconduct hereunder as determined by a final non-appealable judgment or material breach of a court of competent jurisdictiontheir obligations hereunder. The rights and remedies of the Lender under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Lender may have.
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Samples: Security and Pledge Agreement (Advanced Energy Industries Inc)
Nonexclusive Nature of Remedies. Failure by the Lender Collateral Agent 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 lawLaw, or any delay by the Lender Collateral Agent 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 Lender Collateral Agent shall only be granted as provided herein. To the extent permitted by applicable lawLaw, neither the Lender, Collateral Agent nor any party acting as attorney for the Lender, Collateral 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 hereunder, as determined by a court of competent jurisdiction by final and non-appealable judgment of a court of competent jurisdictionjudgement. The rights and remedies of the Lender Collateral Agent under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Lender Collateral Agent may have.
Appears in 1 contract
Samples: Security and Pledge Agreement (Owens & Minor Inc/Va/)
Nonexclusive Nature of Remedies. Failure by the Lender Trustee to exercise any right, remedy or option under this Agreement, any other Loan Documentthe Guaranty, any other document relating to the Secured Obligations, or as provided by applicable lawLaw, or any delay by the Lender Trustee 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 xxxxxx is sought to be enforced and then only to the extent specifically stated, which in the case of the Lender Trustee shall only be granted as provided herein. To the extent permitted by applicable lawXxx, neither the LenderTrustee, nor any party acting as attorney for the LenderTrustee, 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 Lender Trustee under this Agreement shall be cumulative and not exclusive of any other right or remedy which that the Lender Trustee may have.
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Samples: Guaranty Agreement
Nonexclusive Nature of Remedies. Failure by the Lender 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 lawLaw, or any delay by the Lender 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 Lender shall only be granted as provided herein. To the extent permitted by applicable lawXxx, neither the Lender, Lender nor any party acting as attorney for the Lender, 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 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 Lender under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Lender may have.
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