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

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses with respect to the enforcement of all or any portion of the Secured Debt granted pursuant to the Collateral Trust Agreement and the other Security Documents, and available at law or equity (including the UCC), which rights, (a) shall be cumulative and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated for the payment or performance of the Secured Debt or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, as the case may be, (c) may be exercised as often as occasion 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 (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee in the enforcement of any rights, remedies or recourses relating to any portion of the Secured Debt, or otherwise at law or equity shall be deemed to cure any Actionable Default.

Remedies Cumulative, Concurrent and Nonexclusive. Subject to the Intercreditor Agreements and Section 5.18 of the Collateral Agreement, Mortgagee and the other Secured Parties shall have all rights, remedies and recourses with respect to granted in the enforcement of all or Credit Agreement Documents and any portion of the Secured Debt granted pursuant to the Collateral Trust Other First Lien Agreement and the other Security Documents, and available at law or equity (including the UCC), which rights, rights (a) shall be cumulative and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated for under the payment or performance of the Secured Debt Credit Agreement Documents and any Other First Lien Agreement, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of MortgageeMortgagee or such other Secured Party, as the case may be, (c) may be exercised as often as occasion therefore 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 (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or any other Secured Party in the enforcement of any rights, remedies or recourses relating to under the Credit Agreement Documents or any portion of the Secured Debt, Other First Lien Agreement or otherwise at law or equity shall be deemed to cure any Actionable Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses with respect to the enforcement of all or any portion of the Secured Debt granted pursuant to the Collateral Trust Agreement and the other Security Loan Documents, and available at law or equity (including the UCC), which rights, (a) shall be cumulative and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated for the payment or performance of the Secured Debt or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, as the case may be, (c) may be exercised as often as occasion 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 (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee in the enforcement of any rights, remedies or recourses relating to any portion of the Secured Debt, or otherwise at law or equity shall be deemed to cure any Actionable Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses with respect to the enforcement of against all or any portion of the Secured Debt Mortgaged Property granted pursuant to this Mortgage, under the Collateral Trust Credit Agreement and or any of the Loan Documents or the other Security Documents, and available at law or equity (including the UCC), which rights, (a) shall be cumulative and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated for the payment or performance of the Secured Debt or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, as the case may be, (c) may be exercised as often as occasion therefore 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 (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee in the enforcement of any rights, remedies or recourses relating to all or any portion of the Secured DebtMortgaged Property, or otherwise at law or equity shall be deemed to cure any Actionable Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee and the Beneficiaries shall have all rights, remedies and recourses with respect to granted in the enforcement of all or any portion of the Secured Debt granted pursuant to the Collateral Trust Agreement Loan Documents and the other Security Documents, Lender Swap Agreements and available at law or equity (including the UCC), which rights, rights (a) shall be cumulative cumulated and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated for under the payment Loan Documents or performance of the Secured Debt Lender Swap Agreements, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of MortgageeMortgagee or the Beneficiaries, as the case may be, (c) may be exercised as often as occasion therefore 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 (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or the Beneficiaries in the enforcement of any rights, remedies or recourses relating to any portion of under the Secured Debt, Loan Documents or the Lender Swap Agreements or otherwise at law or equity shall be deemed to cure any Actionable Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses with respect to the enforcement of against all or any portion of the Secured Debt Mortgaged Property granted pursuant to this Mortgage, under the Collateral Trust Agreement and the other Security DocumentsAgreement, and available at law or equity (including the UCC), which rights, : (a) shall be cumulative and concurrent, ; (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated for the payment or performance of the Secured Debt Obligations or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, as the case may be, ; (c) may be exercised as often as occasion therefore 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 (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee in the enforcement of any rights, remedies or recourses relating to all or any portion of the Secured DebtMortgaged Property, under the Security Agreement or otherwise at law or equity shall be deemed to cure any Actionable Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Trustee and Beneficiary shall have all rights, remedies and recourses with respect to the enforcement of all or any portion of the Secured Debt granted pursuant to the Collateral Trust Agreement and the other Security Documents, and available at law or equity (including the UCC), which rights, (a) shall be cumulative and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor Grantor or others obligated for the payment or performance of the Secured Debt or against the Mortgaged Property, or against any one or more of them, at the sole discretion of MortgageeTrustee or Beneficiary, as the case may be, (c) may be exercised as often as occasion 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 (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee Trustee or Beneficiary in the enforcement of any rights, remedies or recourses relating to any portion of the Secured Debt, or otherwise at law or equity shall be deemed to cure any Actionable Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Upon the occurrence and during the continuance of an Event of Default, Trustee, Beneficiary and the other Secured Parties shall have all rights, remedies and recourses with respect to granted herein, in the enforcement of all or any portion of the Secured Debt granted pursuant to the Collateral Trust Agreement and the other Security Related Documents, in the Base Indenture and available at law or equity (including the UCC), now or hereafter existing, which rights, rights (a) shall be cumulative and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor Grantor or others obligated for under the payment or performance of the Secured Debt Related Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of MortgageeTrustee, Beneficiary or such other Secured Party, as the case may be, (c) may be exercised as often as occasion therefore 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 (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee Trustee, Beneficiary or any other Secured Party in the enforcement of any rights, remedies or recourses relating to any portion of under the Secured DebtRelated Documents, Base Indenture or otherwise at law or equity shall be deemed to cure any Actionable Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Subject to the Intercreditor Agreements and Section 7.19 of the Collateral Agreement, Mortgagee and the other Secured Parties shall have all rights, remedies and recourses with respect to granted in the enforcement of all or Credit Agreement Documents and any portion of the Secured Debt granted pursuant to the Collateral Trust Other First Lien Agreement and the other Security Documents, and available at law or equity (including the UCC), which rights, rights (a) shall be cumulative and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated for under the payment or performance of the Secured Debt Credit Agreement Documents and any Other First Lien Agreement, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of MortgageeMortgagee or such other Secured Party, as the case may be, (c) may be exercised as often as occasion therefore 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 (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or any other Secured Party in the enforcement of any rights, remedies or recourses relating to under the Credit Agreement Documents or any portion of the Secured Debt, Other First Lien Agreement or otherwise at law or equity shall be deemed to cure any Actionable Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee and the other Secured Parties shall have all rights, remedies and recourses with respect to granted in the enforcement of all or any portion of the Secured Debt granted pursuant to the Collateral Trust Agreement and the other Security Documents, Financing Documents and available at law or equity (including the UCC), which rights, rights (a) shall be cumulative and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated for the payment or performance under any of the Secured Debt Financing Documents, or Exhibit E against the Mortgaged Property, or against any one or more of them, at the sole discretion of MortgageeMortgagee or the other Secured Parties, as the case may be, (c) may be exercised as often as occasion therefore 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 (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or any other Secured Party in the enforcement of any rights, remedies or recourses relating to any portion of under the Secured Debt, Financing Documents or otherwise at law or equity shall be deemed to cure any Actionable Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses with respect to granted in this Mortgage, the enforcement of all Indenture, the Intercreditor Agreement or any portion of the Secured Debt granted pursuant to the Collateral Trust Agreement and the other Security Documents, Note Documents and available at law or equity (including the UCC), which rights, rights (a) shall be cumulative cumulated and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated for under the payment Indenture, the Intercreditor Agreement or performance of the Secured Debt other Note Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, as the case may be, (c) may be exercised as often as occasion therefore 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 (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee in the enforcement of any rights, remedies or recourses relating to any portion of under the Secured DebtIndenture, the Intercreditor Agreement and the other Note Documents or otherwise at law or equity shall be deemed to cure any Actionable Event of Default.