Common use of Nonexclusive Nature of Remedies Clause in Contracts

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Obligations to exercise any right, remedy or option under this Agreement, any other Credit Document, any other agreement or document relating to the Obligations, or as provided by Applicable Law, or any delay by the Administrative Agent or the holders of the 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 Obligations shall only be granted as provided herein or in the Credit Documents. To the extent permitted by Applicable Law, neither the Administrative Agent, any Related Party of the Administrative Agent, the holders of the Obligations, nor any party acting as attorney for the Administrative Agent or the holders of the Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than to the extent that any losses or liabilities with respect thereto are determined in a final non-appealable judgment by a court of competent jurisdiction to have resulted from their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the holders of the 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 Obligations may have.

Appears in 1 contract

Samples: Security and Pledge Agreement (Standard Premium Finance Holdings, Inc.)

AutoNDA by SimpleDocs

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Obligations to exercise any right, remedy or option under this Agreement, any other Credit Loan Document, any other agreement or document relating to the Obligations, or as provided by Applicable Law, or any delay by the Administrative Agent or the holders of the 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 Obligations shall only be granted as provided herein or in the Credit Documentsherein. To the extent permitted by Applicable applicable Law, neither the Administrative Agent, any Related Party of the Administrative Agent, the holders of the Obligations, nor any party acting as attorney for the Administrative Agent or the holders of the Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than to the extent that any losses or liabilities with respect thereto are determined in a final non-appealable judgment by a court of competent jurisdiction to have resulted from their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the holders of the 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 Obligations may have.

Appears in 1 contract

Samples: Security and Pledge Agreement (Comscore, Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Obligations to exercise any right, remedy or option under this Agreement, any other Credit Financing Document, any other agreement or document relating to the Obligations, or as provided by Applicable Law, or any delay by the Administrative Agent or the holders of the 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 Obligations shall only be granted as provided herein or in the Credit Documentsherein. To the extent permitted by Applicable Law, neither the Administrative Agent, any Related Party of the Administrative Agent, the holders of the Obligations, nor any party acting as attorney for the Administrative Agent or the holders of the Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than to the extent that any losses or liabilities with respect thereto are determined in a final non-appealable judgment by a court of competent jurisdiction to have resulted from their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the holders of the 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 Obligations may have.

Appears in 1 contract

Samples: Security and Pledge Agreement (Pernix Therapeutics Holdings, Inc.)

Nonexclusive Nature of Remedies. Failure by the Administrative Collateral Agent or the holders any of the Obligations other Secured Parties to exercise any right, remedy or option under this Agreement, any other Credit Loan Document, any other agreement or document relating to the Secured Obligations, or as provided by Applicable Law, or any delay by the Administrative Collateral Agent or the holders of the Obligations such 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 Administrative Collateral Agent or the holders of the Obligations such other Secured Parties shall only be granted as provided herein or in the Credit Documentsherein. To the extent permitted by Applicable Law, neither the Administrative Agent, any Related Party of the Administrative Collateral Agent, the holders of the Obligationsother Secured Parties, nor any party acting as attorney for the Administrative Collateral Agent or the holders of the Obligationssuch 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 to the extent that any losses (i) such Person’s gross negligence or liabilities with respect thereto are willful misconduct hereunder as determined in by a final non-appealable judgment by of a court of competent jurisdiction to have resulted from their gross negligence or willful misconduct hereunder(ii) in connection with a dispute among such parties (other than such disputes involving claims against the Collateral Agent in its capacity as such) that do not involve an act or omission by the Borrower or any other Grantor. The rights and remedies of the Administrative Collateral Agent and the holders of the Obligations other Secured Parties under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Administrative Collateral Agent or the holders of the Obligations other Secured Parties may have.

Appears in 1 contract

Samples: Security and Pledge Agreement (Inseego Corp.)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Obligations to exercise any right, remedy or option under this Agreement, any other Credit Loan Document, any other agreement or document relating to the Obligations, or as provided by Applicable Law, or any delay by the Administrative Agent or the holders of the 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 Obligations shall only be granted as provided herein or in the Credit Documentsherein. To the extent permitted by Applicable Law, neither the Administrative Agent, any Related Party of the Administrative Agent, the holders of the Obligations, nor any party acting as attorney for the Administrative Agent or the holders of the Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than to the extent that any losses their gross negligence or liabilities with respect thereto are willful misconduct hereunder as determined in by a final non-appealable judgment by of a court of competent jurisdiction to have resulted from their gross negligence or willful misconduct hereunderjurisdiction. The rights and remedies of the Administrative Agent and the holders of the 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 Obligations may have.

Appears in 1 contract

Samples: Security Agreement (Schnitzer Steel Industries Inc)

AutoNDA by SimpleDocs

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Obligations to exercise any right, remedy or option under this Agreement, any other Credit Loan Document, any other agreement or document relating to the Obligations, or as provided by Applicable Law, or any delay by the Administrative Agent or the holders of the 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 Obligations shall only be granted as provided herein or in the Credit Documentsherein. To the extent permitted by Applicable Law, neither the Administrative Agent, any Agent Related Party of the Administrative AgentPerson, the holders of the Obligations, nor any party acting as attorney for the Administrative Agent or the holders of the Obligations, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than to the extent that any losses or liabilities with respect thereto are determined in a final non-non appealable judgment by a court of competent jurisdiction to have resulted from their gross negligence or willful misconduct hereunder. The rights and remedies of the Administrative Agent and the holders of the 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 Obligations may have.

Appears in 1 contract

Samples: Security and Pledge Agreement (Abovenet Inc)

Nonexclusive Nature of Remedies. Failure by the Administrative Agent or the holders of the Obligations Secured Parties to exercise any right, remedy or option under this Agreement, any other Credit Loan Document, any other agreement or document relating to the Secured Obligations, or as provided by Applicable Law, or any delay by the Administrative Agent or the holders of the Obligations 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 holders of the Obligations Secured Parties shall only be granted as provided herein or in the Credit Documentsherein. To the extent permitted by Applicable Law, neither the Administrative Agent, any Related Party of the Administrative Agent, the holders of the ObligationsSecured Parties, nor any party acting as attorney for the Administrative Agent or the holders of the Obligations, 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 to the extent that any losses or liabilities with respect thereto are determined in a final non-appealable judgment by a court of competent jurisdiction to have resulted from their gross negligence or willful misconduct hereunder. The rights rights, powers and remedies of the Administrative Agent and the holders Secured Parties hereunder shall be in addition to all rights, powers and remedies given by statute, rule of law or any other Loan Document and are cumulative. The exercise of any one or more of the Obligations under this Agreement rights, powers and remedies provided herein shall not be cumulative and not exclusive construed as a waiver of any of the other right or remedy which rights, powers and remedies of the Administrative Agent or the holders Secured Parties. Furthermore, regardless of whether or not the Obligations may haveUCC is in effect in the jurisdiction where such rights, powers and remedies are asserted, Administrative Agent and the Secured Parties shall have the rights, powers and remedies of a secured party under the UCC, as amended from time to time.

Appears in 1 contract

Samples: Security and Pledge Agreement (Omega Protein Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.