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

Remedies Cumulative, Concurrent and Nonexclusive. Every right, power and remedy herein given to Mortgagee shall be cumulative and in addition to every other right, power and remedy herein specifically given or now or hereafter existing in equity, at law or by statute (including specifically those granted by the Applicable UCC). Each such right, power and remedy, whether specifically herein given or otherwise existing, may be exercised from time to time and so often and in such order as may be deemed expedient by Mortgagee, and the exercise, or the beginning of the exercise, of any such right, power or remedy shall not be deemed a waiver of the right to exercise, at the same time or thereafter, any other right, power or remedy. Mortgagee shall be entitled to collect all costs and expenses incurred in pursuing such remedies. No delay or omission by Mortgagee in the exercise of any such right, power or remedy shall impair any such right, power or remedy or operate as a waiver thereof or of any other right, power or remedy then or thereafter existing.

Appears in 17 contracts

Samples: Securities Purchase Agreement (Minrad International, Inc.), Subordinate Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Ascendia Brands, Inc.), Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Ascendia Brands, Inc.)

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Remedies Cumulative, Concurrent and Nonexclusive. Every right, power and remedy herein given to Mortgagee Trustee or Beneficiary shall be cumulative and in addition to every other right, power and remedy herein specifically given or now or hereafter existing in equity, at law or by statute (including specifically those granted by the Applicable UCC). Each such right, power and remedy, whether specifically herein given or otherwise existing, may be exercised from time to time and so often and in such order as may be deemed expedient by MortgageeTrustee or Beneficiary, and the exercise, or the beginning of the exercise, of any such right, power or remedy shall not be deemed a waiver of the right to exercise, at the same time or thereafter, any other right, power or remedy. Mortgagee Beneficiary shall be entitled to collect all costs and expenses incurred in pursuing such remedies. No delay or omission by Mortgagee Trustee or Beneficiary in the exercise of any such right, power or remedy shall impair any such right, power or remedy or operate as a waiver thereof or of any other right, power or remedy then or thereafter existing.

Appears in 7 contracts

Samples: Deed of Trust (Lakes Entertainment Inc), Deed of Trust (Lakes Entertainment Inc), Deed of Trust (Lakes Entertainment Inc)

Remedies Cumulative, Concurrent and Nonexclusive. Every right, power and remedy herein given to Trustee or Mortgagee shall be cumulative and in addition to every other right, power and remedy herein specifically given or now or hereafter existing in equity, at law or by statute (including specifically those granted by the Applicable UCC). Each such UCC in effect and applicable to the Mortgaged Property or any portion thereof) each and every right, power and remedy, remedy whether specifically herein given or otherwise existing, existing may be exercised from time to time and so often and in such order as may be deemed expedient by Trustee or Mortgagee, and the exercise, or the beginning of the exercise, of any such right, power or remedy shall not be deemed a waiver of the right to exercise, at the same time or thereafter, thereafter any other right, power or remedy. Mortgagee shall be entitled to collect all costs and expenses incurred in pursuing such remedies. No delay or omission by Trustee or Mortgagee in the exercise of any such right, power or remedy shall impair any such right, power or remedy or operate as a waiver thereof or of any other right, power or remedy then or thereafter existing.

Appears in 2 contracts

Samples: Credit Agreement (Brigham Exploration Co), Subordinated Credit Agreement (Brigham Exploration Co)

Remedies Cumulative, Concurrent and Nonexclusive. Every right, power power, privilege and remedy herein given to the Mortgagee shall be cumulative and in addition to every other right, power and remedy herein specifically given or now or hereafter existing in equity, at law or by statute (including specifically those granted by the Applicable UCC)statute. Each such and every right, power power, privilege and remedy, remedy whether specifically herein given or otherwise existing, existing may be exercised from time to time and so often and in such order as may be deemed expedient by the Mortgagee, and the exercise, or the beginning of the exercise, or the abandonment, of any such right, power power, privilege or remedy shall not be deemed a waiver of the right to exercise, at the same time or thereafter, thereafter any other right, power power, privilege or remedy. Mortgagee shall be entitled to collect all costs and expenses incurred in pursuing such remedies. No delay or omission by the Mortgagee or any other Secured Person in the exercise of any such right, power or remedy shall impair any such right, power power, privilege or remedy or operate as a waiver thereof or of any other right, power power, privilege or remedy then or thereafter existing.

Appears in 2 contracts

Samples: Mortgage and Security Agreement (SandRidge Mississippian Trust II), Mortgage and Security Agreement (SandRidge Mississippian Trust II)

Remedies Cumulative, Concurrent and Nonexclusive. Every right, power and remedy herein given to Mortgagee shall be cumulative and in addition to every other right, power and remedy herein specifically given or now or hereafter existing in equity, at law or by statute (including specifically those granted by the Applicable UCCUCC in effect and applicable to the Mortgaged Property or any portion thereof). Each , and each and every such right, power and remedy, remedy whether specifically herein given or otherwise existing, existing may be exercised from time to time and so often and in such order as may be deemed expedient by Mortgagee, and the exercise, or the beginning of the exercise, of any such right, power or remedy shall not be deemed a waiver of the right to exercise, at the same time or thereafter, thereafter any other right, power or remedy. Mortgagee shall be entitled to collect all costs and expenses incurred in pursuing such remedies. No delay or omission by Mortgagee in the exercise of any such right, power or remedy shall impair any such right, power or remedy or operate as a waiver thereof or of any other right, power or remedy then or thereafter existing.

Appears in 2 contracts

Samples: Credit Agreement (Mach Natural Resources Lp), Credit Agreement (Mach Natural Resources Lp)

Remedies Cumulative, Concurrent and Nonexclusive. Every right, power and remedy herein given to Mortgagee Trustee or Beneficiary shall be cumulative and in addition to every other right, power and remedy herein specifically given or now or hereafter existing in equity, at law or by statute (including specifically those granted by the Applicable UCC). Each such right, power and remedy, whether specifically herein given or otherwise existing, may be exercised from time to time and so often and in such order as may be deemed expedient by MortgageeTrustee or Beneficiary, and the exercise, or the beginning of the exercise, of any such right, power or remedy shall not be deemed a waiver of the right to exercise, at the same time or thereafter, any other right, power or remedy. Mortgagee Beneficiary shall be entitled to collect all reasonable costs and expenses incurred in pursuing such remedies. No delay or omission by Mortgagee Trustee or Beneficiary in the exercise of any such right, power or remedy shall impair any such right, power or remedy or operate as a waiver thereof or of any other right, power or remedy then or thereafter existing.

Appears in 2 contracts

Samples: Deed of Trust (Gsi Group Inc), Deed of Trust (Gsi Group Inc)

Remedies Cumulative, Concurrent and Nonexclusive. Every right, power and remedy herein given to the Trustee or Mortgagee shall be cumulative and in addition to every other right, power and remedy herein specifically given or now or hereafter existing in equity, at law or by statute (including specifically those granted by the Applicable UCC). Each such UCC in effect and applicable to the Mortgaged Property or any portion thereof) each and every right, power and remedy, remedy whether specifically herein given or otherwise existing, existing may be exercised from time to time and so often and in such order as may be deemed expedient by the Trustee or Mortgagee, and the exercise, or the beginning of the exercise, of any such right, power or remedy shall not be deemed a waiver of the right to exercise, at the same time or thereafter, thereafter any other right, power or remedy. Mortgagee shall be entitled to collect all costs and expenses incurred in pursuing such remedies. No delay or omission by the Trustee or Mortgagee in the exercise of any such right, power or remedy shall impair any such right, power or remedy or operate as a waiver thereof or of any other right, power or remedy then or thereafter existing.

Appears in 2 contracts

Samples: Mortgage (Miller Exploration Co), Mortgage, Deed of Trust, Assignment of Production, Security Agreement, and Financing Statement (Miller Exploration Co)

Remedies Cumulative, Concurrent and Nonexclusive. Every right, power and remedy herein given to Trustee or Mortgagee shall be cumulative and in addition to every other right, power and remedy herein specifically given or now or hereafter existing in equity, at law or by statute (including specifically those granted by the Applicable UCC). Each such Texas Uniform Commercial Code in effect and applicable to the Deed of Trust Property or any portion thereof) each and every right, power and remedy, remedy whether specifically herein given or otherwise existing, existing may be exercised from time to time and so often and in such order as may be deemed expedient by the Trustee or Mortgagee, and the exercise, or the beginning of the exercise, of any such right, power or remedy shall not be deemed a waiver of the right to exercise, at the same time or thereafter, thereafter any other right, power or remedy. Mortgagee shall be entitled to collect all costs and expenses incurred in pursuing such remedies. No delay or omission by Trustee or Mortgagee in the exercise of any such right, power or remedy shall impair any such right, power or remedy or operate as a waiver thereof or of any other right, power or remedy then or thereafter existing.

Appears in 1 contract

Samples: Deed of Trust (Energy Hunter Resources, Inc.)

Remedies Cumulative, Concurrent and Nonexclusive. Every right, power and remedy herein given to the Mortgagee shall be cumulative and in addition to every other right, power and remedy herein specifically given or now or hereafter existing in equity, at law or by statute (including specifically those granted by the Applicable UCC). Each such UCC in effect and applicable to the Mortgaged Property or any portion thereof) each and every right, power and remedy, remedy whether specifically herein given or otherwise existing, existing may be exercised from time to time and so often and in such order as may be deemed expedient by the Mortgagee, and the exercise, or the beginning of the exercise, of any such right, power or remedy shall not be deemed a waiver of the right to exercise, at the same time or thereafter, thereafter any other right, power or remedy. Mortgagee shall be entitled to collect all costs and expenses incurred in pursuing such remedies. No delay or omission by the Mortgagee in the exercise of any such right, power or remedy shall impair any such right, power or remedy or operate as a waiver thereof or of any other right, power or remedy then or thereafter existing.

Appears in 1 contract

Samples: Mortgage, Assignment of Production, Security Agreement and Financing Statement (Eex Corp)

Remedies Cumulative, Concurrent and Nonexclusive. Every right, power and remedy herein given to Mortgagee shall be cumulative and in addition to every other right, power and remedy herein specifically given or now or hereafter existing in equity, at law or by statute (including specifically those granted by the Applicable UCC). Each such and every right, power and remedy, remedy whether specifically herein given or otherwise existing, existing may be exercised from time to time and so often and in such order as may be deemed expedient by Mortgagee, and the exercise, or the beginning of the exercise, of any such right, power or remedy shall not be deemed a waiver of the right to exercise, at the same time or thereafter, any other right, power or remedy. Mortgagee shall be entitled to collect all costs and expenses incurred in pursuing such remedies. No delay or omission by Mortgagee in the exercise of any such right, power or remedy shall impair any such right, power or remedy or operate as a waiver thereof or of any other right, power or remedy then or thereafter existing.

Appears in 1 contract

Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Iron Age Corp)

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Remedies Cumulative, Concurrent and Nonexclusive. Every right, power and remedy herein given to Trustee or Mortgagee shall be cumulative and in addition to every other right, power and remedy herein specifically given or now or hereafter existing in equity, at law or by statute (including specifically those granted by the Applicable UCC). Each such Texas Uniform Commercial Code in effect and applicable to the Mortgage Property or any portion thereof) each and every right, power and remedy, remedy whether specifically herein given or otherwise existing, existing may be exercised from time to time and so often and in such order as may be deemed expedient by the Trustee or Mortgagee, and the exercise, or the beginning of the exercise, of any such right, power or remedy shall not be deemed a waiver of the right to exercise, at the same time or thereafter, thereafter any other right, power or remedy. Mortgagee shall be entitled to collect all costs and expenses incurred in pursuing such remedies. No delay or omission by Trustee or Mortgagee in the exercise of any such right, power or remedy shall impair any such right, power or remedy or operate as a waiver thereof or of any other right, power or remedy then or thereafter existing.

Appears in 1 contract

Samples: Loan Agreement

Remedies Cumulative, Concurrent and Nonexclusive. Every right, power power, privilege and remedy herein given to the Mortgagee shall be cumulative and in addition to every other right, power and remedy herein specifically given or now or hereafter existing in equity, at law or by statute (including specifically those granted by the Applicable UCCUCC in effect and applicable to the Collateral or any portion thereof). Each such and every right, power power, privilege and remedy, remedy whether specifically herein given or otherwise existing, existing may be exercised from time to time and so often and in such order as may be deemed expedient by the Mortgagee, and the exercise, or the beginning of the exercise, or the abandonment, of any such right, power power, privilege or remedy shall not be deemed a waiver of the right to exercise, at the same time or thereafter, thereafter any other right, power power, privilege or remedy. Mortgagee shall be entitled to collect all costs and expenses incurred in pursuing such remedies. No delay or omission by the Mortgagee in the exercise of any such right, power or remedy shall impair any such right, power power, privilege or remedy or operate as a waiver thereof or of any other right, power power, privilege or remedy then or thereafter existing.

Appears in 1 contract

Samples: Second Lien Security Agreement

Remedies Cumulative, Concurrent and Nonexclusive. Every right, power and remedy herein given to Trustee or Mortgagee shall be cumulative and in addition to every other right, power and remedy herein specifically given or now or hereafter existing in equity, at law or by statute (including specifically those granted by the Applicable UCCUCC in effect and applicable to the Mortgaged Property or any portion thereof). Each , and each and every such right, power and remedy, remedy whether specifically herein given or otherwise existing, existing may be exercised from time to time and so often and in such order as may be deemed expedient by Trustee or Mortgagee, and the exercise, or the beginning of the exercise, of any such right, power or remedy shall not be deemed a waiver of the right to exercise, at the same time or thereafter, thereafter any other right, power or remedy. Mortgagee shall be entitled to collect all costs and expenses incurred in pursuing such remedies. No delay or omission by Trustee or Mortgagee in the exercise of any such right, power or remedy shall impair any such right, power or remedy or operate as a waiver thereof or of any other right, power or remedy then or thereafter existing.

Appears in 1 contract

Samples: Credit Agreement (Energy & Exploration Partners, Inc.)

Remedies Cumulative, Concurrent and Nonexclusive. Every right, power and remedy herein given to Mortgagee shall be cumulative and in addition to every other right, power and remedy herein specifically given or now or hereafter existing in equity, at law or by statute (including including, without limitation, specifically those granted by the Applicable UCC). Each such right, power and remedy, whether specifically herein given or otherwise existing, may be exercised from time to time and so often and in such order as may be deemed expedient by Mortgagee, and the exercise, or the beginning of the exercise, of any such right, power or remedy shall not be deemed a waiver of the right to exercise, at the same time or thereafter, any other right, power or remedy. Mortgagee shall be entitled to collect all costs and expenses incurred in pursuing such remediesexercising its rights hereunder as set forth in Section 8.07(b) hereof. No delay or omission by Mortgagee in the exercise of any such right, power or remedy shall impair any such right, power or remedy or operate as a waiver thereof or of any other right, power or remedy then or thereafter existing.

Appears in 1 contract

Samples: Indenture (Angiotech Pharmaceuticals Inc)

Remedies Cumulative, Concurrent and Nonexclusive. Every right, power power, privilege and remedy herein given to the Mortgagee shall be cumulative and in addition to every other right, power power, privilege and remedy herein specifically given or now or hereafter existing in equity, at law or by statute (including specifically those granted by the Applicable UCC)statute. Each such and every right, power power, privilege and remedy, remedy whether specifically herein given or otherwise existing, existing may be exercised from time to time and so often and in such order as may be deemed expedient by Mortgageethe Mortgagee to the extent exercised in accordance with governmental requirements, and the exercise, or the beginning of the exercise, or the abandonment of any such right, power power, privilege or remedy shall not be deemed a waiver of the right to exercise, at the same time or thereafter, any other right, power power, privilege or remedy. Mortgagee shall be entitled to collect all costs and expenses incurred in pursuing such remedies. No delay or omission by the Mortgagee in the exercise of any such right, power power, privilege or remedy shall impair any such right, power power, privilege or remedy or operate as a waiver thereof or of any other right, power power, privilege or remedy then or thereafter existing.

Appears in 1 contract

Samples: Mortgage, Assignment of Leases, Rents and as Extracted Collateral, Security Agreement, Financing Statement and Fixture Filing (Nacco Industries Inc)

Remedies Cumulative, Concurrent and Nonexclusive. Every right, power and remedy herein given to Trustee or the Mortgagee shall be cumulative and in addition to every other right, power and remedy herein specifically given or now or hereafter existing in equity, at law or by statute (including specifically those granted by the Applicable UCC). Each such UCC in effect and applicable to the Mortgaged Property or any portion thereof) each and every right, power and remedy, remedy whether specifically herein given or otherwise existing, existing may be exercised from time to time and so often and in such order as may be deemed expedient by the Trustee or the Mortgagee, and the exercise, or the beginning of the exercise, of any such right, power or remedy shall not be deemed a waiver of the right to exercise, at the same time or thereafter, thereafter any other right, power or remedy. Mortgagee shall be entitled to collect all costs and expenses incurred in pursuing such remedies. No delay or omission by Trustee or the Mortgagee in the exercise of any such right, power or remedy shall impair any such right, power or remedy or operate as a waiver thereof or of any other right, power or remedy then or thereafter existing.

Appears in 1 contract

Samples: Mortgage, Deed of Trust, Assignment of Production, Security Agreement and Financing Statement (Eex Corp)

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