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, or otherwise, 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. Each and every default by Borrower in payment hereunder shall give rise to a separate cause of action hereunder, and Security Agent may enforce its security interest in concurrent or successive actions and in one or several consolidated or independent judicial actions or lawfully taken nonjudicial proceedings, or both. (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) 7.1 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 lawapplicable Legal Requirements, 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, hereunder or otherwise, 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 or any other Secured Party may be taken concurrently or successively and in one or several consolidated or independent judicial actions or lawfully taken nonjudicial proceedings, or both. If the Administrative Agent may, under applicable Legal Requirements, proceed to realize its benefits under this Agreement or any other Loan Document giving the Administrative Agent a Lien upon any Collateral, whether owned by Debtors or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, the Administrative Agent may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of the rights and remedies of the Administrative Agent under this Agreement. (b) 7.2 No delay or omission of Security the Administrative Agent to exercise any right or power accruing upon the occurrence and during the continuation continuance of any Event of Default as aforesaid 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 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. Each and every default by Borrower in payment hereunder shall give rise to a separate cause of action hereunder, and Security Agent may enforce its security interest in concurrent or successive actions and in one or several consolidated or independent judicial actions or lawfully taken nonjudicial proceedings, or bothAdministrative 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 1 contract

Samples: Security Agreement (Las Vegas Sands Corp)

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Remedies Cumulative; Delay Not Waiver. (a) No right, power or remedy herein conferred upon or reserved to Security Agent or the Secured Parties Lender 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, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. . All costs and expenses (bincluding reasonable attorney's fees and expenses) incurred by the Lender in connection with any such suit or proceeding, together with interest thereon (to the extent permitted by law) computed at the Stipulated Interest Rate from the date on which such costs or expenses are incurred to the date of payment thereof, shall constitute additional indebtedness secured by this Disbursement Agreement. No delay or omission of Security Agent the Lender to exercise any right or power accruing upon the occurrence and during the continuation continuance of any Event of Default under the Term Loan Agreement as aforesaid 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 Disbursement 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. Each and every default by Borrower in payment hereunder shall give rise to a separate cause of action hereunder, and Security Agent may enforce its security interest in concurrent or successive actions and in one or several consolidated or independent judicial actions or lawfully taken nonjudicial proceedings, or bothLender. (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 1 contract

Samples: Disbursement and Security Agreement (Cogen Technologies Inc)

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