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

Remedies Cumulative, Concurrent and Nonexclusive. Beneficiary, Trustee and the Lenders shall have all rights, remedies and recourses granted in the Loan Documents and, to the extent not prohibited or restricted thereby, 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 Grantor or others obligated under the Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Beneficiary, Trustee or the Lenders, as the case may be, (c) 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 (d) are intended to be, and shall be, nonexclusive. No action by Beneficiary, Trustee or the Lenders in the enforcement of any rights, remedies or recourses under the Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Appears in 4 contracts

Samples: Maxxam Inc, Maxxam Inc, Maxxam Inc

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Remedies Cumulative, Concurrent and Nonexclusive. Beneficiary, Trustee and the Lenders Beneficiary shall have all rights, remedies and recourses granted in the Loan Documents and, with respect to the extent not prohibited enforcement of all or restricted therebyany 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 rights, (a) shall be cumulative and concurrent, (b) may be pursued separately, successively or concurrently against Grantor or others obligated under for the Loan Documents, 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 Beneficiary, Trustee or the Lenders, as the case may be, (c) 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 (d) are intended to be, and shall be, nonexclusive. No action by Beneficiary, Trustee or the Lenders Beneficiary in the enforcement of any rights, remedies or recourses under relating to any portion of the Loan Documents Secured Debt, or otherwise at law or equity shall be deemed to cure any Event of Actionable Default.

Appears in 2 contracts

Samples: Collateral Trust Agreement (Consol Energy Inc), Security Agreement (Consol Energy Inc)

Remedies Cumulative, Concurrent and Nonexclusive. Beneficiary, Trustee and the Lenders Beneficiary shall have all rights, remedies and recourses granted in the Loan Documents and, to the extent not prohibited or restricted thereby, and available at law or equity (including specifically those granted by the UCC)UCC in effect and applicable to the Mortgaged Property) and, which rights except as limited by applicable Laws, the same (a) shall be cumulative and concurrent, ; (b) may be pursued separately, successively or concurrently against Grantor or others obligated under the Borrower and/or any of the other Loan Documents, Parties or against all or any portion of the Mortgaged Property, or against any one or more of them, at the sole discretion of Beneficiary, Trustee or the LendersBeneficiary, as the case may be, ; (c) may be exercised as often as occasion therefor shall arise, and it being agreed by Grantor that the exercise or failure to exercise any of them same shall not 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, be nonexclusive. No action by Beneficiary, Trustee or the Lenders in the enforcement of any rights, remedies or recourses under the Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Appears in 2 contracts

Samples: Credit Agreement (Mueller Water Products, Inc.), Assignment and Assumption (Mueller Water Products, Inc.)

Remedies Cumulative, Concurrent and Nonexclusive. Beneficiary, Trustee and the Lenders shall have all rights, remedies and recourses granted in the Loan Documents and, to the extent not prohibited or restricted thereby, and available at law or equity (including the UCC), which rights (a) shall be cumulative cumulated and concurrent, (b) may be pursued separately, successively or concurrently against XVII-9 Mortgage Grantor or others obligated under the Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Beneficiary, Trustee or the Lenders, as the case may be, (c) 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 (d) are intended to be, and shall be, nonexclusive. No action by Beneficiary, Trustee or the Lenders in the enforcement of any rights, remedies or recourses under the Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Appears in 2 contracts

Samples: Credit Agreement (Integrated Defense Technologies Inc), Credit Agreement (Integrated Defense Technologies Inc)

Remedies Cumulative, Concurrent and Nonexclusive. Beneficiary, Trustee and the Lenders and Trustee shall have all rights, remedies and recourses granted in the Loan Documents and, to the extent not prohibited or restricted thereby, and available at law or equity (including the UCC), which rights (a) shall be cumulative cumulated and concurrent, (b) may be pursued separately, successively or concurrently against Grantor or others obligated under the Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Beneficiary, Trustee the Lenders or the LendersTrustee, as the case may be, (c) 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 (d) are intended to be, and shall be, nonexclusive. No action by Beneficiary, Trustee or the Lenders in the enforcement of any rights, remedies or recourses under the Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Appears in 1 contract

Samples: Security Agreement (Icg Communications Inc /De/)

Remedies Cumulative, Concurrent and Nonexclusive. Beneficiary, Trustee and the Lenders and Trustee shall have all rights, remedies and recourses granted in the Loan Documents and, to the extent not prohibited or restricted thereby, and available at law or equity (including the UCC), which rights (a) shall be cumulative cumulated and concurrent, (b) may be pursued separately, successively or concurrently against Grantor or others obligated under the Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Beneficiary, Trustee the Lenders or the LendersTrustee, as the case may be, (c) 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 (d) are intended to be, and shall be, nonexclusive. No action by Beneficiary, Trustee or the Lenders or Trustee in the enforcement of any rights, remedies or recourses under the Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Appears in 1 contract

Samples: Security Agreement (Arterial Vascular Engineering Inc)

Remedies Cumulative, Concurrent and Nonexclusive. Beneficiary, Beneficiary and Trustee and the Lenders shall have all rights, remedies and recourses granted in the Loan Credit Documents and, to the extent not prohibited or restricted thereby, and available at law or equity (including the UCC), which rights (a) shall be cumulative cumulated and concurrent, (b) may be pursued separately, successively or concurrently against Grantor or others obligated under the Loan Credit Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Beneficiary, Trustee Beneficiary or the Lenders, as the case may be, (c) 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 (d) are intended to be, and shall be, nonexclusive. No action by Beneficiary, Trustee Beneficiary or the Lenders or Trustee in the enforcement of any rights, remedies or recourses under the Loan Documents this Deed of Trust or otherwise at law or equity shall be deemed to cure any Event of Default.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Sanmina-Sci Corp)

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Remedies Cumulative, Concurrent and Nonexclusive. Beneficiary, Trustee Mortgagee and the Lenders shall have all rights, remedies and recourses granted in the Loan Documents and, to the extent not prohibited or restricted thereby, and available at law or equity (including the UCC), which rights (a) shall be cumulative cumulated and concurrent, (b) to the extent permitted by applicable law, may be pursued separately, successively or concurrently against Grantor Mortgagor or others obligated under the Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Beneficiary, Trustee Mortgagee or the Lenders, as the case may be, (c) 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 (d) are intended to be, and shall be, nonexclusive. No action by Beneficiary, Trustee Mortgage or the Lenders in the enforcement of any rights, remedies or recourses under the Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Appears in 1 contract

Samples: Security Agreement (Loewen Group Inc)

Remedies Cumulative, Concurrent and Nonexclusive. BeneficiaryTrustee, Trustee Beneficiary and the Lenders Secured Parties shall have all rights, remedies and recourses granted in the Loan Credit Documents and, to the extent not prohibited or restricted thereby, and available at law or equity (including the UCCUCC and the remedy of specific performance), which rights (a) shall be cumulative and concurrent, (b) may be pursued separately, successively or concurrently against Grantor or others obligated under the Loan Credit Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of BeneficiaryTrustee, Trustee Beneficiary or the LendersSecured Parties, as the case may be, (c) 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 (d) are intended to be, and shall be, nonexclusive. No action by BeneficiaryTrustee, Trustee Beneficiary or the Lenders Secured Parties in the enforcement of any rights, remedies or recourses under the Loan Credit Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Appears in 1 contract

Samples: Credit Agreement (Avago Technologies LTD)

Remedies Cumulative, Concurrent and Nonexclusive. Beneficiary, Trustee and the Lenders Beneficiary shall have all rights, remedies and recourses granted in the Loan Transaction Documents and, to the extent not prohibited or restricted thereby, and available at law or equity (including the UCC), which rights (a) shall be cumulative cumulated and concurrent, (b) may be pursued separately, successively or concurrently against Grantor or others obligated under the Loan Transaction Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Beneficiary, Trustee or the LendersBeneficiary, as the case may be, (c) 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 (d) are intended to be, and shall be, nonexclusive. No action by Beneficiary, Trustee or the Lenders Beneficiary in the enforcement of any rights, remedies or recourses under the Loan Transaction Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Appears in 1 contract

Samples: Contribution and Loan Agreement (Delphi Properties Inc)

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