Common use of Remedies Cumulative, Concurrent and Nonexclusive Clause in Contracts

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Credit Documents and available at law or equity (including the UCC), which rights (i) shall be cumulated and concurrent, (ii) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, (iii) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (iv) are intended to be, and shall be, nonexclusive. No action by Mortgagee in the enforcement of any rights, remedies or recourses under the Credit Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Appears in 5 contracts

Samples: Credit and Guaranty Agreement (Vca Antech Inc), Mortgaged Properties Schedule (Dollar General Corp), Credit Agreement (First Data Corp)

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Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Credit Documents Term Note and available at law or equity (including the UCC), which rights (ia) shall be cumulated cumulative and concurrent, (iib) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit DocumentsMortgagor, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, as the case may be, (iiic) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (ivd) are intended to be, and shall be, nonexclusive. No action by Mortgagee in the enforcement of any rights, remedies or recourses under the Credit Documents Term Note or otherwise at law or equity shall be deemed to cure any Event of Default.

Appears in 5 contracts

Samples: Senior Unsecured Credit Agreement (LaSalle Hotel Properties), Credit Agreement (Hersha Hospitality Trust), Term Loan Agreement (Hersha Hospitality Trust)

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Credit Documents and available at law or equity (including the UCC), which rights (ia) shall be cumulated cumulative and concurrent, (iib) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, (iiic) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (ivd) are intended to be, and shall be, nonexclusive. No action by Mortgagee in the enforcement of any rights, remedies or recourses under the Credit Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Appears in 4 contracts

Samples: Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc)

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Beneficiary or Trustee shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (ia) shall be cumulated cumulative and concurrent, (iib) may be pursued separately, successively or concurrently against Mortgagor Trustor or others obligated under the Credit Loan Documents, or against the Mortgaged Trust Property, or against any one or more of them, at the sole discretion of MortgageeBeneficiary, (iiic) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (ivd) are intended to be, and shall be, nonexclusive. No action by Mortgagee Beneficiary or Trustee in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Appears in 4 contracts

Samples: Deed of Trust, Security Agreement, Assignment of Rents and Leases (LEM America, Inc), Deed of Trust, Security Agreement, Assignment of Rents and Leases (Marvell Technology Group LTD), Deed of Trust, Security Agreement, Assignment of Rents and Leases (LEM America, Inc)

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Grantee shall have all rights, remedies and recourses granted in the Credit Documents and available at law or equity (including the UCC), which rights (ia) shall be cumulated cumulative and concurrent, (iib) may be pursued separately, successively or concurrently against Mortgagor Grantor or others obligated under the Credit Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, Grantee (iiic) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (ivd) are intended to be, and shall be, nonexclusive. No action by Mortgagee Grantee in the enforcement of any rights, remedies or recourses under the Credit Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Appears in 4 contracts

Samples: Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc)

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Beneficiary shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (ia) shall be cumulated cumulative and concurrent, (iib) may be pursued separately, successively or concurrently against Mortgagor Grantor or others obligated under the Credit Note and the other Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of MortgageeBeneficiary, (iiic) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (ivd) are intended to be, and shall be, nonexclusive. No action by Mortgagee Beneficiary or Trustee in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Appears in 4 contracts

Samples: Deed of Trust, Security Agreement and Fixture Filing (KBS Strategic Opportunity REIT, Inc.), Credit Agreement (Uap Holding Corp), Deed of Trust and Security Agreement (NNN 2003 Value Fund LLC)

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Credit Note Documents and available at law or equity (including the UCC), which rights (ia) shall be cumulated cumulative and concurrent, (iib) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Note Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, (iiic) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (ivd) are intended to be, and shall be, nonexclusive. No action by Mortgagee in the enforcement of any rights, remedies or recourses under the Credit Note Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Appears in 2 contracts

Samples: Senior Secured Notes Agreement (Office Properties Income Trust), Senior Secured Notes Agreement (Diversified Healthcare Trust)

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Beneficiary shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (ia) shall be cumulated cumulative and concurrent, (iib) may be pursued separately, successively or concurrently against Mortgagor Grantor or others obligated under the Credit Agreement and the other Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of MortgageeBeneficiary, (iiic) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (ivd) are intended to be, and shall be, nonexclusive. No action by Mortgagee Trustee or Beneficiary in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Appears in 2 contracts

Samples: Deed of Trust, Security Agreement, Assignment of Leases and Rents and Fixture Filing (Green Plains Inc.), Deed of Trust (Green Plains Inc.)

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Beneficiary shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (ia) shall be cumulated cumulative and concurrent, (iib) may be pursued separately, successively or concurrently against Mortgagor Grantor or others obligated under the Credit Note and the other Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of MortgageeBeneficiary, (iiic) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (ivd) are intended to be, and shall be, nonexclusive. No action by Mortgagee Beneficiary in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Appears in 2 contracts

Samples: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Behringer Harvard Short Term Opportunity Fund I Lp), Deed of Trust (Windrose Medical Properties Trust)

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted hereunder and in the Credit Documents Collateral Agency Agreement and available at law or equity (including the UCC), which rights (ia) shall be cumulated and concurrent, (iib) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit DocumentsMortgagor, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, (iiic) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (ivd) are intended to be, and shall be, nonexclusive. No action by Mortgagee in the enforcement of any rights, remedies or recourses hereunder, under the Credit Documents Collateral Agency Agreement or otherwise at law or equity shall be deemed to cure any Event of Default.

Appears in 2 contracts

Samples: Open Ended Mortgage, Security Agreement, Assignment of Rents and Leases and Fixture Filing (Central Illinois Public Service Co), Open Ended Mortgage, Security Agreement, Assignment of Rents and Leases and Fixture Filing (Central Illinois Public Service Co)

Remedies Cumulative, Concurrent and Nonexclusive. Subject to the terms of each Intercreditor Agreement, Mortgagee shall have all rights, remedies and recourses granted in the Credit Note Documents and available at law or equity (including the UCC), which rights (ia) shall be cumulated cumulative and concurrent, (iib) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Note Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, (iiic) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (ivd) are intended to be, and shall be, nonexclusive. No action by Mortgagee in the enforcement of any rights, remedies or recourses under the Credit Note Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Appears in 2 contracts

Samples: Senior Secured Notes Agreement (Office Properties Income Trust), Senior Secured Notes Agreement (Office Properties Income Trust)

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (ia) shall be cumulated cumulative and concurrentconcurrent and shall be in addition to every other remedy so provided or permitted, (iib) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit DocumentsMortgagor, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, (iiic) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (ivd) are intended to be, and shall be, nonexclusive. No action by Mortgagee in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Appears in 1 contract

Samples: Mortgage Agreement

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Agent shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (ia) shall be cumulated cumulative and concurrent, (iib) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of MortgageeAgent, (iiic) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (ivd) are intended to be, and shall be, nonexclusive. No action by Mortgagee Agent in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Appears in 1 contract

Samples: Credit Agreement (Par Pharmacuetical, Inc.)

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Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Credit Documents Eagle Ridge Lease and available at law or equity (including the UCC), which rights (ia) shall be cumulated and concurrent, (iib) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, (iiic) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (ivd) are intended to be, and shall be, nonexclusive. No action by Mortgagee in the enforcement of any rights, remedies or recourses under the Credit Documents Eagle Ridge Lease or otherwise at law or equity shall be deemed to cure any Event of Default.

Appears in 1 contract

Samples: Lease (Golf Trust of America Inc)

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Lender shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (ia) shall be cumulated cumulative and concurrentconcurrent and shall be in addition to every other remedy so provided or permitted, (iib) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit DocumentsGrantor, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of MortgageeLender, (iiic) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (ivd) are intended to be, and shall be, nonexclusive. No action by Mortgagee Lender or Trustee in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Appears in 1 contract

Samples: Deed of Trust, Assignment of Rents and Leases, Collateral Assignment of Property Agreements, Security Agreement and Fixture Filing (Glimcher Realty Trust)

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Agent and Beneficiary shall have all rights, remedies and recourses granted in the Credit Financing Documents and available at law or equity (including the UCC), which rights (ia) shall be cumulated cumulative and concurrent, (iib) may be pursued separately, successively or concurrently against Mortgagor or others Grantor obligated under the Credit Financing Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of MortgageeAgent and Beneficiary, (iiic) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (ivd) are intended to be, and shall be, nonexclusive. No action by Mortgagee Agent or Beneficiary in the enforcement of any rights, remedies or recourses under the Credit Financing Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Appears in 1 contract

Samples: Mortgage, Assignment of Rents and Leases, and Security Agreement (Otr Express Inc/Ks)

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (ia) shall be cumulated cumulative and concurrent, (iib) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Notes and the other Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, (iiic) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING - Page 7 [Pinebrook – Milford, OH] them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (ivd) are intended to be, and shall be, nonexclusive. No action by Mortgagee in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Appears in 1 contract

Samples: Open End Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (NorthStar Healthcare Income, Inc.)

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Lender shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (ia) shall be cumulated cumulative and concurrentconcurrent and shall be in addition to every other remedy so provided or permitted, (iib) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit DocumentsBorrower, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of MortgageeLender, (iiic) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (ivd) are intended to be, and shall be, nonexclusive. No action by Mortgagee Lender in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.. MORTGAGE, ASSIGNMENT OF RENTS AND LEASES, COLLATERAL ASSIGNMENT OF PROPERTY AGREEMENTS,

Appears in 1 contract

Samples: Mortgage, Assignment of Rents and Leases, Collateral Assignment of Property Agreements, Security Agreement and Fixture Filing (Glimcher Realty Trust)

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Beneficiary shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (ia) shall be cumulated cumulative and concurrent, (iib) may be pursued separately, successively or concurrently against Mortgagor Grantor or others obligated under the Credit Notes and the other Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of MortgageeBeneficiary, (iiic) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (ivd) are intended to be, and shall be, nonexclusive. No action by Mortgagee Beneficiary or Trustee in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Appears in 1 contract

Samples: Deed of Trust, Security Agreement and Fixture Filing (360 Global Wine Co)

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Lender shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCCCode), which rights (ia) shall be cumulated cumulative and concurrent, (iib) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Notes and the other Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of MortgageeLender, (iiic) may be exercised as often as occasion therefor therefore shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (ivd) are intended to be, and shall be, nonexclusive. No action by Mortgagee Lender in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Appears in 1 contract

Samples: Mortgage and Security Agreement (GTJ REIT, Inc.)

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Grantee shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (ia) shall be cumulated cumulative and concurrent, (iib) may be pursued separately, successively or concurrently against Mortgagor Grantor or others obligated under the Credit Note and the other Loan Documents, or against the Mortgaged Secured Property, or against any one or more of them, at the sole discretion of MortgageeGrantee, (iiic) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (ivd) are intended to be, and shall be, nonexclusive. No action by Mortgagee Grantee in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Appears in 1 contract

Samples: Leasehold Deed to Secure Debt and Security Agreement (Meredith Enterprises Inc)

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