Common use of Remedies Cumulative and Non-Waiver Clause in Contracts

Remedies Cumulative and Non-Waiver. No remedy or right of Mortgagee hereunder or under the Notes, or any of the Note Documents or otherwise, or available under applicable law, shall be exclusive of any other right or remedy. Each such remedy or right shall be in addition to every other remedy or right now or hereafter existing under any such document or under applicable law. No delay in the exercise of, or omission to exercise, any remedy or right accruing on the occurrence of any Event of Default shall impair any such remedy or right or be construed to be a waiver of any such Event of Default or an acquiescence therein, nor shall it affect any subsequent Event of Default of the same or a different nature, nor shall it extend or affect any grace period. Every remedy or right may be exercised concurrently or independently, when and as often as may be deemed expedient by the Mortgagee. All obligations of the Mortgagor, and all rights, powers and remedies of the Mortgagee shall be in addition to, and not in limitation of, those provided by law or in the Notes or contained in any of the Note Documents or any other written agreement or instrument relating to any of the Secured Indebtedness or any security therefor.

Appears in 3 contracts

Samples: Playtex Sales & Services Inc, Playtex Sales & Services Inc, Playtex Sales & Services Inc

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Remedies Cumulative and Non-Waiver. (a) No remedy or right of Mortgagee hereunder or under the Notes, or any of the Note Loan Documents or otherwise, or available under applicable law, shall be exclusive of any other right or remedy. Each such remedy or right shall be in addition to every other remedy or right now or hereafter existing under any such document or under applicable law. No delay in the exercise of, or omission to exercise, any remedy or right accruing on the occurrence of any Event of Default shall impair any such remedy or right or be construed to be a waiver of any such Event of Default or an acquiescence therein, nor shall it affect any subsequent Event of Default of the same or a different nature, nor shall it extend or affect any grace period. Every remedy or right may be exercised concurrently or independently, when and as often as may be deemed expedient by the Mortgagee. All obligations of the Mortgagor, and all rights, powers and remedies of the Mortgagee shall be in addition to, and not in limitation of, those provided by law or in the Notes or contained in any of the Note Loan Documents or any other written agreement or instrument relating to any of the Secured Indebtedness or any security therefor.

Appears in 2 contracts

Samples: Mortgage, Security Agreement (Akorn Inc), Mortgage, Security Agreement (Akorn Inc)

Remedies Cumulative and Non-Waiver. No remedy or right of Leasehold Mortgagee hereunder or under the Notes, or any of the Note Loan Documents or otherwise, or available under applicable law, shall be exclusive of any other right or remedy. Each such remedy or right shall be in addition to every other remedy or right now or hereafter existing under any such document or under applicable law. No delay in the exercise of, or omission to exercise, any remedy or right accruing on the occurrence and during the continuance of any Event of Default shall impair any such remedy or right or be construed to be a waiver of any such Event of Default or an acquiescence therein, nor shall it affect any subsequent Event of Default of the same or a different nature, nor shall it extend or affect any grace period. Every remedy or right may be exercised concurrently or independently, when and as often as may be deemed expedient by the Leasehold Mortgagee. All obligations of the Leasehold Mortgagor, and all rights, powers and remedies of the Leasehold Mortgagee shall be in addition to, and not in limitation of, those provided by law or in the Notes or contained in any of the Note Loan Documents or any other written agreement or instrument relating to any of the Secured Indebtedness or any security therefor.

Appears in 2 contracts

Samples: Greenville Tube CO, sec.report

Remedies Cumulative and Non-Waiver. No remedy or right of Mortgagee hereunder or under the NotesGuaranty, or any of the Note Loan Documents or otherwise, or available under applicable law, shall be exclusive of any other right or remedy. Each such remedy or right shall be in addition to every other remedy or right now or hereafter existing under any such document or under applicable law. No delay in the exercise of, or omission to exercise, any remedy or right accruing on the occurrence of any Event of Default shall impair any such remedy or right or be construed to be a waiver of any such Event of Default or an acquiescence therein, nor shall it affect any subsequent Event of Default of the same or a different nature, nor shall it extend or affect any grace period. Every remedy or right may be exercised concurrently or independently, when and as often as may be deemed expedient by the Mortgagee. All obligations of the Mortgagor, and all rights, powers and remedies of the Mortgagee shall be in addition to, and not in limitation of, those provided by law or in the Notes Guaranty or contained in any of the Note Loan Documents or any other written agreement or instrument relating to any of the Secured Indebtedness or any security therefor.

Appears in 2 contracts

Samples: Mortgage, Security Agreement (Wilsons the Leather Experts Inc), Mortgage, Security Agreement (Wilsons the Leather Experts Inc)

Remedies Cumulative and Non-Waiver. No remedy or right of Mortgagee Beneficiary hereunder or under the NotesCredit Agreement, or any of the Note Loan Documents or otherwise, or available under applicable law, shall be exclusive of any other right or remedy. Each such remedy or right shall be in addition to every other remedy or right now or hereafter existing under any such document or under applicable law. No delay in the exercise of, or omission to exercise, any remedy or right accruing on the occurrence of any Event of Default shall impair any such remedy or right or be construed to be a waiver of any such Event of Default or an acquiescence therein, nor shall it affect any subsequent Event of Default of the same or a different nature, nor shall it extend or affect any grace period. Every remedy or right may be exercised concurrently or independently, when and as often as may be deemed expedient by the MortgageeBeneficiary. All obligations of the MortgagorTrustor, and all rights, powers and remedies of the Mortgagee Beneficiary shall be in addition to, and not in limitation of, those provided by law or in the Notes Credit Agreement or contained in any of the Note Loan Documents or any other written agreement or instrument relating to any of the Secured Indebtedness or any security therefor.

Appears in 1 contract

Samples: Credit Agreement (Orbimage Inc)

Remedies Cumulative and Non-Waiver. No remedy or right of the Mortgagee hereunder or under the NotesNote, or any of the Note Documents Loan Documents, or otherwise, or available under applicable law, shall be exclusive of any other right or remedy. Each , but each such remedy or right shall be in addition to every other remedy or right now or hereafter existing under any such document or under applicable law. No delay in the exercise of, or omission to exercise, any remedy or right accruing on the occurrence of any Event of Default shall impair any such remedy or right or be construed to be a waiver of any such Event of Default or an acquiescence therein, nor shall it affect any subsequent Event of Default of the same or a different nature, nor shall it extend or affect any grace period. Every such remedy or right may be exercised concurrently or independently, when and as often as may be deemed expedient by the Mortgagee. All obligations of the Mortgagor, Mortgagor and all rights, powers powers, and remedies of the Mortgagee expressed herein shall be in addition to, and not in limitation of, those provided by law or in the Notes Note or contained in any of the Note Loan Documents or any other written agreement or instrument relating to any of the Secured Indebtedness or any security therefor.

Appears in 1 contract

Samples: Mortgage, Security Agreement (Hurco Companies Inc)

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Remedies Cumulative and Non-Waiver. No remedy or right of Mortgagee hereunder or Grantee hereunder, under the Notes, Loan Guarantee Agreement or any of the Note Documents or otherwiseother Loan Documents, or available under applicable law, shall be exclusive of any other right or remedy. Each such remedy or right shall be in addition to every other remedy or right now or hereafter existing under any such document or under applicable law. No delay in the exercise of, or omission to exercise, any remedy or right accruing on the occurrence of any Event of Default shall impair any such remedy or right or be construed to be a waiver of any such Event of Default or an acquiescence therein, nor shall it affect any subsequent Event of Default of the same or a different nature, nor shall it extend or affect any grace period, cure period or cure right. Every remedy or right may be exercised concurrently or independently, when and as often as may be deemed expedient by the MortgageeGrantee. All obligations of the MortgagorGrantor hereunder, and all rights, powers and remedies of the Mortgagee Grantee hereunder, shall be in addition to, and not in limitation of, those provided by law or in the Notes Loan Guarantee Agreement, or contained in any of the Note other Loan Documents or any other written agreement or instrument relating to any of the Secured Indebtedness Obligations or any security therefor.

Appears in 1 contract

Samples: Debt, Security Agreement and Fixture Filing (Georgia Power Co)

Remedies Cumulative and Non-Waiver. No remedy or right of Mortgagee the Lender hereunder or under the NotesNote, or any of the Note Loan Documents or otherwise, or available under applicable law, shall be exclusive of any other right or remedy. Each such remedy or right shall be in addition to every other remedy or right now or hereafter existing under any such document or under applicable law. No delay in the exercise of, or omission to exercise, any remedy or right accruing on the occurrence of any Event of Default shall impair any such remedy or right or be construed to be a waiver of any such Event of Default or an acquiescence therein, nor shall it affect any subsequent Event of Default of the same or a different nature, nor shall it extend or affect any grace period. Every remedy or right may be exercised concurrently or independently, when and as often as may be deemed expedient by the MortgageeLender. All obligations of the Mortgagor, and all rights, powers and remedies of the Mortgagee Lender shall be in addition to, and not in limitation of, those provided by law or in the Notes Note or contained in any of the Note Loan Documents or any other written agreement or instrument relating to any of the Secured Indebtedness or any security therefor.

Appears in 1 contract

Samples: Assignment of Leases and Rents, Security Agreement and Fixture (Innovative Food Holdings Inc)

Remedies Cumulative and Non-Waiver. No remedy or right of Mortgagee hereunder or under the NotesCredit Agreement, or any of the Note Loan Documents or otherwise, or available under applicable law, shall be exclusive of any other right or remedy. Each such remedy or right shall be in addition to every other remedy or right now or hereafter existing under any such document or under applicable law. No delay in the exercise of, or omission to exercise, any remedy or right accruing on the occurrence of any Event of Default shall impair any such remedy or right or be construed to be a waiver of any such Event of Default or an acquiescence therein, nor shall it affect any subsequent Event of Default of the same or a different nature, nor shall it extend or affect any grace period. Every remedy or right may be exercised concurrently or independently, when and as often as may be deemed expedient by the Mortgagee. All obligations of the Mortgagor, and all rights, powers and remedies of the Mortgagee shall be in addition to, and not in limitation of, those provided by law or in the Notes Credit Agreement or contained in any of the Note other Loan Documents or any other written agreement or instrument relating to any of the Secured Indebtedness Obligations or any security therefor.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Mirant North America, LLC)

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