Common use of Preservation of Certain Remedies Clause in Contracts

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the parties hereto and to the other Loan Documents preserve, without diminution, certain remedies that such Persons may employ or exercise freely, either alone or in conjunction with or during a Dispute. Each such Person shall have and hereby reserves the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies: (i) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law or by judicial foreclosure and sale, (ii) all rights of self help including peaceful occupation of property and

Appears in 2 contracts

Samples: Credit Agreement (Rare Hospitality International Inc), Credit Agreement (Rare Hospitality International Inc)

AutoNDA by SimpleDocs

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the parties hereto and to the other Loan Documents preserve, without diminution, certain remedies that such Persons may employ or exercise freely, either alone or alone, in conjunction with or during a Dispute. Each such Person shall have and hereby reserves the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies: (i) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law or by judicial foreclosure and sale, (ii) all rights of self help including peaceful occupation of property andand collection of rents, set off, and peaceful possession of property, (iii) obtaining provisional or ancillary remedies including injunctive relief,

Appears in 1 contract

Samples: Security Agreement (Cca Prison Realty Trust)

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the parties hereto and to the other Loan Documents preserve, without diminution, certain remedies that such Persons may employ or exercise freely, either alone or alone, in conjunction with or during a Dispute. Each such Person shall have and hereby reserves the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies: (i) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law or by judicial foreclosure and sale, (ii) all rights of self help including peaceful occupation of property andand collection of rents, set off, and peaceful possession of property, (iii) obtaining provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in

Appears in 1 contract

Samples: Credit Agreement (Quorum Health Group Inc)

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the parties hereto and to the other Loan Documents preserve, without diminution, certain remedies that such Persons may employ or exercise freely, either alone or alone, in conjunction with or during a Dispute. Each such Person shall have and hereby reserves the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies, as applicable: (i) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law Applicable Law or by judicial foreclosure and sale, including a proceeding to confirm the sale, (ii) all rights of self help including peaceful occupation of property andand collection of rents, set off, and peaceful possession of property, (iii) obtaining provisional or ancillary remedies

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (SCP Pool Corp)

AutoNDA by SimpleDocs

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the parties hereto Agent and to the other Loan Documents Lenders preserve, without diminution, certain remedies that such Persons the Agent and the Lenders may employ or exercise freely, either alone or alone, in conjunction with or during a Dispute. Each such Person The Agent and the Lenders shall have and hereby reserves reserve the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies: (i) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law or by judicial foreclosure and sale, (ii) all rights of self help including peaceful occupation of property andand collection of rents, set off, and peaceful possession of property, (iii) obtaining provisional or ancillary remedies including injunctive relief,

Appears in 1 contract

Samples: Borrower Pledge Agreement (Sirrom Investments Inc)

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the parties hereto Agent and to the other Loan Documents Lenders preserve, without diminution, certain remedies that such Persons the Agent and the Lenders may employ or exercise freely, either alone or alone, in conjunction with or during a Dispute. Each such Person The Agent and the Lenders shall have and hereby reserves reserve the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies: (iA) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law or by judicial foreclosure and sale, (iiB) all rights of self help including peaceful occupation of property andand collection of rents, set off, and peaceful possession of property and (C) obtaining provisions or ancillary remedies including injunctive

Appears in 1 contract

Samples: Provisional Waiver and Standstill Agreement (Rural Metro Corp /De/)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!