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

Remedies Cumulative, Concurrent and Nonexclusive. The Mortgagee shall have all rights, remedies and recourses granted in the Loan Documents and available at law or equity (including specifically those granted by the Uniform Commercial Code in effect and applicable to the Mortgaged Property or any portion thereof), and same (a) shall be cumulative and concurrent, (b) may be pursued separately, successively or concurrently against the Mortgagor or others obligated under the Note, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of the Mortgagee, (c) may be exercised as often as occasion therefor shall arise, it being agreed by the Mortgagor 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 8 contracts

Samples: Mortgage, Security Agreement and Financing Statement (Amrep Corp.), Line of Credit Mortgage (Amrep Corp.), Mortgage, Security Agreement and Financing Statement (Amrep Corp.)

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Remedies Cumulative, Concurrent and Nonexclusive. The Mortgagee shall have all rights, remedies and recourses granted in the Loan Documents and available at law or equity (including specifically those granted by the Uniform Commercial Code UCC in effect and applicable to the Mortgaged Property or any portion thereof), ) and same same: (a) shall be cumulative and concurrent, ; (b) may be pursued separately, successively or concurrently against the Mortgagor or others obligated under for payment of the NoteIndebtedness, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of the Mortgagee, ; (c) may be exercised as often as occasion therefor shall arise, it being agreed by the Mortgagor 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: Open End Mortgage, Security Agreement, Fixture Filing, and Assignment of Leases and Rents (Westway Group, Inc.), Open End Mortgage, Security Agreement, Fixture Filing, and Assignment of Leases and Rents (Westway Group, Inc.)

Remedies Cumulative, Concurrent and Nonexclusive. The Mortgagee shall have all rights, remedies and recourses granted in the Loan Documents Pipelines and available at law or equity (including specifically those granted by the Uniform Commercial Code in effect and applicable Terminals Agreement and, subject to the Mortgaged Property rights of any Lienholder arising under or any portion thereof)pursuant to the Senior Liens, and the terms and provisions of the SNDA, this Mortgage and same (a) shall be cumulative and concurrent, ; (b) may be pursued separately, successively or concurrently against the Mortgagor or others obligated under the Notethis Mortgage, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of the Mortgagee, ; (c) may be exercised as often as occasion therefor shall arise, it being agreed by the Mortgagor 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: Mortgage (Holly Energy Partners Lp)

Remedies Cumulative, Concurrent and Nonexclusive. The Mortgagee shall have all rights, remedies and recourses granted in the Loan Documents and available at law or equity (including specifically those granted by the Uniform Commercial Code in effect and applicable Throughput Agreement and, subject to the Mortgaged Property rights of any Lienholder arising under or any portion thereof)pursuant to the Senior Liens, and the terms and provisions of the SNDA, the Mortgage and same (a) shall be cumulative and concurrent, ; (b) may be pursued separately, successively or concurrently against the Mortgagor Grantor or others obligated under the Notethis Mortgage, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of the Mortgagee, ; (c) may be exercised as often as occasion therefor shall arise, it being agreed by the Mortgagor 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: Mortgage (Holly Energy Partners Lp)

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Remedies Cumulative, Concurrent and Nonexclusive. The Mortgagee shall have all rights, remedies and recourses granted in the Loan Documents Intercompany Note, this Mortgage, and the other documents securing the Intercompany Note and available at law or equity (including specifically those granted by the Uniform Commercial Code in effect UCC) and applicable to the Mortgaged Property or any portion thereof), and same same (a) shall be cumulative and concurrent, ; (b) may be pursued separately, successively or concurrently against the Mortgagor or others obligated under the Intercompany Note, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of the Mortgagee, ; (c) may be exercised as often as occasion therefor shall arise, it being agreed by the Mortgagor 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: Mortgage, Leasehold Mortgage, Security Agreement, Assignment of Leases and Rents, Fixture Filing, and Financing Statement (HWCC Shreveport Inc)

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