Common use of Remedies Cumulative; Delay Not Waiver Clause in Contracts

Remedies Cumulative; Delay Not Waiver. (a) No right, power or remedy herein conferred upon or reserved to Security Agent or the Secured Parties is intended to be exclusive of any other right, power or remedy, and every such right, power and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right, power and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. (b) No delay or omission of Security Agent to exercise any right or power accruing upon the occurrence and during the continuation of any Event of Default shall impair any such right or power of Security Agent, nor shall it be construed as a waiver of any such Event of Default or an acquiescence therein. Every power and remedy given by this Agreement may be exercised from time to time, and as often as shall be deemed expedient, by Security Agent upon the occurrence and during the continuation of an Event of Default. (c) Security Agent may perform any of its rights and duties hereunder by or through agents and is entitled to retain counsel and to act in reliance upon the advice of such counsel concerning all matters pertaining to its rights and duties hereunder.

Appears in 4 contracts

Samples: Financing Agreement (First Wind Holdings Inc.), Financing Agreement (First Wind Holdings Inc.), Financing Agreement (First Wind Holdings Inc.)

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Remedies Cumulative; Delay Not Waiver. (a) No right, power or remedy herein conferred upon or reserved to Security the Administrative Agent or the Secured Parties is intended to be exclusive of any other right, power or remedy, remedy and every such right, power and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right, power and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder or otherwise shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. Resort to any or all security now or hereafter held by the Administrative Agent may be taken concurrently or successively and in one or several consolidated or independent judicial actions or lawfully taken nonjudicial proceedings, or both. (b) No delay or omission of Security the Administrative Agent to exercise any right or power accruing upon the occurrence and during the continuation of any Event of Default shall impair any such right or power of Security Agent, nor or shall it be construed as to be a waiver of any such Event of Default or an acquiescence therein. Every ; and every power and remedy given by this Security Agreement may be exercised from time to time, and as often as shall be deemed expedient, by Security Agent upon the occurrence and during the continuation of an Event of DefaultAdministrative Agent. (c) Security Agent may perform any of its rights and duties hereunder by or through agents and is entitled to retain counsel and to act in reliance upon the advice of such counsel concerning all matters pertaining to its rights and duties hereunder.

Appears in 3 contracts

Samples: Credit Agreement (Berry Petroleum Corp), Credit Agreement (Berry Petroleum Corp), Security Agreement (Berry Petroleum Corp)

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