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

Remedies Cumulative, Concurrent and Nonexclusive. Beneficiary shall have all rights, remedies and recourses granted in the Pipelines Agreement and, subject to the rights of any Lienholder arising under or pursuant to the Senior Liens, and the terms and provisions of the SNDA, the Deed of Trust and same (a) shall be cumulative and concurrent; (b) may be pursued separately, successively or concurrently against Grantor or others obligated under this Deed of Trust, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Beneficiary; (c) may be exercised as often as occasion therefor shall arise, it being agreed by Grantor that the exercise or failure to exercise any of same shall in no event be construed as a waiver or release thereof or of any other right, remedy or recourse; and (d) are intended to be, and shall be, nonexclusive.

Appears in 6 contracts

Samples: Disturbance and Attornment Agreement (Holly Energy Partners Lp), Disturbance and Attornment Agreement (Holly Energy Partners Lp), Disturbance and Attornment Agreement (Holly Energy Partners Lp)

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Remedies Cumulative, Concurrent and Nonexclusive. Beneficiary shall have all rights, remedies and recourses granted in the Pipelines Agreement and, subject Loan Documents and available at law or equity (including specifically those granted by the UCC in effect and applicable to the rights of Mortgaged Property or any Lienholder arising under or pursuant to the Senior Liens, portion thereof) and the terms and provisions of the SNDA, the Deed of Trust and same same: (a) shall be cumulative and concurrent; (b) may be pursued separately, successively or concurrently against Grantor or others obligated under this Deed for payment of Trustthe Indebtedness, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Beneficiary; (c) may be exercised as often as occasion therefor shall arise, it being agreed by Grantor that the exercise or failure to exercise any of same shall in no event be construed as a waiver or release thereof or of any other right, remedy or recourse; and (d) are intended to be, and shall be, nonexclusive.

Appears in 5 contracts

Samples: Lease Agreement (Westway Group, Inc.), Lease Agreement (Westway Group, Inc.), Lease Agreement (Westway Group, Inc.)

Remedies Cumulative, Concurrent and Nonexclusive. Beneficiary shall have all rights, remedies and recourses granted in the Pipelines Agreement and, subject Loan Documents and available at law or equity (including specifically those granted by the Uniform Commercial Code in effect and applicable to the rights of any Lienholder arising under or pursuant to Mortgaged Property, the Senior Liens, Leases and the terms and provisions of the SNDARents, the Deed of Trust or any portion thereof) and same (a) shall be cumulative and concurrent; , (b) may be pursued separately, successively or concurrently against Grantor Grantor, Guarantor or others obligated under this Deed of Trustto repay amounts advanced pursuant to the Credit Agreement, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Beneficiary; , (c) may be exercised as often as occasion therefor shall arise, it being agreed by Grantor that the exercise or failure to exercise any of same shall in no event be construed as a waiver or release thereof or of any other right, remedy or recourse; recourse and (d) are intended to be, and shall be, nonexclusive.

Appears in 4 contracts

Samples: Credit Agreement (Spansion Inc.), Revolving Credit Agreement (Spansion Inc.), Spansion Inc.

Remedies Cumulative, Concurrent and Nonexclusive. Beneficiary shall have all rights, remedies and recourses granted in the Pipelines Agreement and, subject Note or herein and available at law or equity (including specifically those granted by the Uniform Commercial Code in effect and applicable to the rights of Property or any Lienholder arising under or pursuant to the Senior Liens, and the terms and provisions of the SNDA, the Deed of Trust portion thereof and same (a) shall be cumulative and concurrent; , (b) may be pursued separately, successively or concurrently against Grantor or others obligated under this Deed of Trustto repay amounts advanced pursuant to the Loan Agreement, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Beneficiary; , (c) may be exercised as often as occasion therefor shall arise, it being agreed by Grantor that the exercise or failure to exercise any of same shall in no event be construed as a waiver or release thereof or of any other right, remedy or recourse; recourse and (d) are intended to be, and shall be, nonexclusive.

Appears in 4 contracts

Samples: Trust and Security Agreement (Sterling Construction Co Inc), Trust and Security Agreement (Sterling Construction Co Inc), Trust and Security Agreement (Sterling Construction Co Inc)

Remedies Cumulative, Concurrent and Nonexclusive. Beneficiary shall have all rights, remedies and recourses granted in the Pipelines Throughput Agreement and, subject to the rights of any Lienholder arising under or pursuant to the Senior Liens, and the terms and provisions of the SNDA, the Deed of Trust and same (a) shall be cumulative and concurrent; (b) may be pursued separately, successively or concurrently against Grantor or others obligated under this Deed of Trust, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Beneficiary; (c) may be exercised as often as occasion therefor shall arise, it being agreed by Grantor that the exercise or failure to exercise any of same shall in no event be construed as a waiver or release thereof or of any other right, remedy or recourse; and (d) are intended to be, and shall be, nonexclusive.

Appears in 3 contracts

Samples: Site Services Agreement (HollyFrontier Corp), Site Services Agreement (Holly Energy Partners Lp), Disturbance and Attornment Agreement (Holly Energy Partners Lp)

Remedies Cumulative, Concurrent and Nonexclusive. Beneficiary shall have all rights, remedies and recourses granted in the Pipelines and Terminals Agreement and, subject to the rights of any Lienholder arising under or pursuant to the Senior Liens, and the terms and provisions of the SNDA, the Deed of Trust and same (a) shall be cumulative and concurrent; (b) may be pursued separately, successively or concurrently against Grantor or others obligated under this Deed of Trust, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Beneficiary; (c) may be exercised as often as occasion therefor shall arise, it being agreed by Grantor that the exercise or failure to exercise any of same shall in no event be construed as a waiver or release thereof or of any other right, remedy or recourse; and (d) are intended to be, and shall be, nonexclusive.

Appears in 2 contracts

Samples: Contribution Agreement (Holly Energy Partners Lp), Disturbance and Attornment Agreement (Holly Energy Partners Lp)

Remedies Cumulative, Concurrent and Nonexclusive. Beneficiary shall have all rights, remedies and recourses granted in the Pipelines Service Agreement and, subject to the rights of any Lienholder arising under or pursuant to the Senior Liens, and the terms and provisions of the SNDA, the Deed of Trust and same (a) shall be cumulative and concurrent; (b) may be pursued separately, successively or concurrently against Grantor or others obligated under this Deed of Trust, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Beneficiary; (c) may be exercised as often as occasion therefor shall arise, it being agreed by Grantor that the exercise or failure to exercise any of same shall in no event be construed as a waiver or release thereof or of any other right, remedy or recourse; and (d) are intended to be, and shall be, nonexclusive.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Holly Energy Partners Lp)

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Remedies Cumulative, Concurrent and Nonexclusive. Beneficiary shall have all rights, remedies and recourses granted in the Pipelines Agreement andLoan Instruments and available at law or equity (including, subject without limitation, those granted by the Code and applicable to the rights of Mortgaged Property, or any Lienholder arising under or pursuant to the Senior Liensportion thereof), and the terms and provisions of the SNDA, the Deed of Trust and same (a) shall be cumulative and concurrent; , (b) may be pursued separately, successively or concurrently against Grantor or others obligated under this Deed of Trustfor the Indebtedness, or against the Mortgaged Property, any part thereof or against any one or more of them, or against the Mortgaged Property, at the sole discretion of Beneficiary; , (c) may be exercised as often as occasion therefor shall arise, it being agreed by Grantor that the exercise of or failure to exercise any of same shall in no event be construed as a waiver or release thereof or of any other right, remedy or recourse; , and (d) are intended to be, and shall be, nonexclusive.

Appears in 1 contract

Samples: Loan Agreement (Hartman Commercial Properties Reit)

Remedies Cumulative, Concurrent and Nonexclusive. Beneficiary shall have all rights, remedies and recourses recourse granted in the Pipelines Agreement andLoan Instruments available at law or equity (including, subject without limitation, those granted by the Code and applicable to the rights of Mortgaged Property, or any Lienholder arising under or pursuant to the Senior Liens, and the terms and provisions of the SNDA, the Deed of Trust portion thereof) and same (a) shall be cumulative and concurrent; , (b) may be pursued separately, successively or concurrently against Grantor or others obligated under this Deed of Trustfor the Indebtedness, or against the Mortgaged Property, any part thereof or against any one or more of them, or against the Mortgaged Property, at the sole discretion of Beneficiary; , (c) may be exercised as often as occasion therefor shall arise, it being agreed by Grantor that the exercise or failure to exercise any of same shall in no event be construed as a waiver or release thereof or of any other right, remedy or recourse; , and (d) are intended to be, and shall be, nonexclusive.

Appears in 1 contract

Samples: Newmark Homes Corp

Remedies Cumulative, Concurrent and Nonexclusive. Beneficiary Grantee shall have all the rights, remedies and recourses granted in the Pipelines Agreement and, subject Security Instruments and available at law or equity (including specifically those granted by the Uniform Commercial Code in effect and applicable to the rights of Mortgaged Property or any Lienholder arising under or pursuant to the Senior Liens, and the terms and provisions of the SNDA, the Deed of Trust portion thereof) and same (a) shall be cumulative and concurrent; (b) may be pursued directly, separately, successively or concurrently against Grantor Grantor, Maker, or others obligated under this Deed of Trustthe Note, or against the Mortgaged Property, or against any one or more of them, them at the sole discretion of BeneficiaryGrantee; (c) may be exercised as often as occasion therefor shall arise, it being agreed by Grantor that the exercise or failure to exercise any of the same shall in no event be construed as a waiver or release thereof or of any other right, remedy or recourse; recourse and (d) are intended to be, and shall be, nonexclusive.

Appears in 1 contract

Samples: Intercreditor Agreement (Industrial Data Systems Corp)

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