Common use of Remedies Cumulative, etc Clause in Contracts

Remedies Cumulative, etc. No remedy herein conferred upon or reserved to the Holder is intended to be exclusive of any other remedy and each such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. It is agreed that Xxxxxx may enforce all of its rights contemporaneously, and that Xxxxxx may pursue all remedies contemporaneously, including both (a) remedies for possession and sale of the Collateral and (b) an action for enforcement of the Note. No delay or omission of the Holder to exercise any right or power accruing upon any Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Event of Default or any acquiescence therein, and every power and remedy given by this Agreement to the Holder may be exercised from time to time. Receipt by the Holder of any payment required to be made pursuant to the obligations of the Note with knowledge of the breach of any provisions of this Agreement, the Notes or any of the other Loan Agreement shall not be deemed a waiver of such breach. In addition to all other remedies provided in this Agreement, the Holder shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of the violation, or attempted or threatened violation, of any of the provisions of the Note or any of the other Loan Agreement or to a decree concerning performance of any of the provisions of the Notes or any of the other Loan Agreement or to any other remedy legally allowed to the Holder.

Remedies Cumulative, etc. No remedy herein conferred upon or reserved Subject to the Holder is intended terms of (and to be exclusive the extent not inconsistent with) the Intercreditor Agreement, each and every right, power and remedy of the Pledgee provided for in this Agreement or in any other remedy and each such remedy shall be cumulative and shall be in addition to every other remedy given hereunder Secured Debt Agreement, or now or hereafter existing at law or in equityequity or by statute shall be cumulative and concurrent and shall be in addition to every other such right, power or remedy. It is agreed that Xxxxxx may enforce The exercise or beginning of the exercise by the Pledgee or any other Secured Creditor of any one or more of the rights, powers or remedies provided for in this Agreement or any other Secured Debt Agreement (including, without limitation, the Intercreditor Agreement) or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by the Pledgee or any other Secured Creditor of all of its rights contemporaneouslysuch other rights, powers or remedies, and that Xxxxxx may pursue all remedies contemporaneously, including both (a) remedies for possession and sale no failure or delay on the part of the Collateral and (b) an action for enforcement of the Note. No delay Pledgee or omission of the Holder any other Secured Creditor to exercise any right such right, power or power accruing upon remedy shall operate as a waiver thereof. No notice to or demand on any Event of Default Pledgor in any case shall impair entitle it to any such right other or power, further notice or shall be construed to be demand in similar or other circumstances or constitute a waiver of any such Event of Default the rights of the Pledgee or any acquiescence thereinother Secured Creditor to any other or further action in any circumstances without notice or demand. The Secured Creditors agree that this Agreement may be enforced only by the action of the Pledgee, in each case, acting upon the instructions of the Required Secured Creditors, and every power and remedy given by that no other Secured Creditor shall have any right individually to seek to enforce or to enforce this Agreement or to realize upon the Holder security to be granted hereby, it being understood and agreed that such rights and remedies may be exercised from time to time. Receipt by the Holder of any payment required to be made pursuant to Pledgee for the obligations benefit of the Note with knowledge of Secured Creditors upon the breach of any provisions terms of this Agreement and the U.S. Security Agreement, the Notes or any of the other Loan Agreement shall not be deemed a waiver of such breach. In addition to all other remedies provided in this Agreement, the Holder shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of the violation, or attempted or threatened violation, of any of the provisions of the Note or any of the other Loan Agreement or to a decree concerning performance of any of the provisions of the Notes or any of the other Loan Agreement or to any other remedy legally allowed to the Holder.

Remedies Cumulative, etc. No remedy herein conferred upon or reserved to the Holder Lender is intended to be exclusive of any other remedy and each such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. It is agreed that Xxxxxx may enforce all of its rights contemporaneously, and that Xxxxxx may pursue all remedies contemporaneously, including both (a) remedies for possession and sale of the Collateral and (b) an action for enforcement of the Note. No delay or omission of the Holder Lender to exercise any right or power accruing upon any Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Event of Default or any acquiescence therein, and every power and remedy given by this Agreement to the Holder Lender may be exercised from time to time. Receipt by the Holder Lender of any payment required to be made pursuant to the obligations of the Note Obligations with knowledge of the breach of any provisions of this Agreement, Agreement or the Notes or any of the other Loan Agreement shall not be deemed a waiver of such breach. In addition to all other remedies provided in this Agreement, the Holder Lender shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of the violation, or attempted or threatened violation, of any of the provisions of this Agreement or the Note or any of the other Loan Agreement Notes or to a decree concerning performance of any of the provisions of this Agreement or the Notes or any of the other Loan Agreement or to any other remedy legally allowed to the HolderLender.

Remedies Cumulative, etc. No remedy herein conferred upon or reserved Subject to the Holder is intended terms of (and to be exclusive the extent not inconsistent with) the Intercreditor Agreement, each and every right, power and remedy of the Pledgee provided for in this Agreement or in any other remedy and each such remedy shall be cumulative and shall be in addition to every other remedy given hereunder Secured Debt Agreement, or now or hereafter existing at law or in equityequity or by statute shall be cumulative and concurrent and shall be in addition to every other such right, power or remedy. It is agreed that Xxxxxx may enforce The exercise or beginning of the exercise by the Pledgee or any other Secured Creditor of any one or more of the rights, powers or remedies provided for in this Agreement or any other Secured Debt Agreement (including, without limitation, the Intercreditor Agreement) or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by the Pledgee or any other Secured Creditor of all of its rights contemporaneouslysuch other rights, powers or remedies, and that Xxxxxx may pursue all remedies contemporaneously, including both (a) remedies for possession and sale no failure or delay on the part of the Collateral and (b) an action for enforcement of the Note. No delay Pledgee or omission of the Holder any other Secured Creditor to exercise any right such right, power or power accruing upon remedy shall operate as a waiver thereof. No notice to or demand on any Event of Default Pledgor in any case shall impair entitle it to any such right other or power, further notice or shall be construed to be demand in similar or other circumstances or constitute a waiver of any such Event of Default the rights of the Pledgee or any acquiescence thereinother Secured Creditor to any other or further action in any circumstances without notice or demand. The Secured Creditors agree that this Agreement may be enforced only by the action of the Pledgee, in each case, acting upon the instructions of the Required Secured Creditors, and every power and remedy given by that no other Secured Creditor shall have any right individually to seek to enforce or to enforce this Agreement or to realize upon the Holder security to be granted hereby, it being understood and agreed that such rights and remedies may be exercised from time to time. Receipt by the Holder of any payment required to be made pursuant to Pledgee for the obligations benefit of the Note with knowledge of Secured Creditors upon the breach of any provisions terms of this Agreement and the Security Agreement, the Notes or any of the other Loan Agreement shall not be deemed a waiver of such breach. In addition to all other remedies provided in this Agreement, the Holder shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of the violation, or attempted or threatened violation, of any of the provisions of the Note or any of the other Loan Agreement or to a decree concerning performance of any of the provisions of the Notes or any of the other Loan Agreement or to any other remedy legally allowed to the Holder.

Remedies Cumulative, etc. No Each and every right, power and remedy herein conferred upon or reserved hereby specifically given to the Holder is intended to be exclusive of any other remedy and each such remedy shall be cumulative and Lender shall be in addition to every other right, power and remedy specifically given hereunder under this Agreement or the other Loan Documents or now or hereafter existing at law or in equity, or by statute and each and every right, power and remedy whether specifically herein given or otherwise existing may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by Lender. It is agreed that Xxxxxx may enforce all All such rights, powers and remedies shall be cumulative and the exercise or the beginning of its rights contemporaneously, and that Xxxxxx may pursue all remedies contemporaneously, including both (a) remedies for possession and sale exercise of one shall not be deemed a waiver of the Collateral and (b) an action for enforcement right to exercise of the Noteany other or others. No delay or omission of Lender in the Holder to exercise of any right such right, power or power accruing upon remedy, or partial or single exercise thereof, and no renewal or extension of any Event of Default the Obligations, shall impair or constitute a waiver of any such right right, power or power, remedy or shall be construed to be a waiver of any such Default or Event of Default or any an acquiescence therein, and every power and remedy given by this Agreement . No notice to the Holder may be exercised from time or demand on any Grantor in any case shall entitle it to time. Receipt by the Holder of any payment required to be made pursuant to the obligations of the Note with knowledge of the breach of any provisions of this Agreement, the Notes other or any of the further notice or demand in similar or other Loan Agreement shall not be deemed circumstances or constitute a waiver of such breach. In addition to all other remedies provided in this Agreement, the Holder shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of the violation, or attempted or threatened violation, of any of the provisions rights of the Note or any of the other Loan Agreement or to a decree concerning performance of any of the provisions of the Notes or any of the other Loan Agreement or Lender to any other remedy legally allowed or further action in any circumstances without notice or demand. In the event that Lender shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit Lender may recover reasonable expenses, including attorneys’ fees, and the Holderamounts thereof shall be included in such judgment.

Remedies Cumulative, etc. No remedy herein conferred upon or reserved to the Holder Lender is intended to be exclusive of any other remedy and each such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. It is agreed that Xxxxxx may enforce all of its rights contemporaneously, and that Xxxxxx may pursue all remedies contemporaneously, including both (a) remedies for possession and sale of the Collateral and (b) an action for enforcement of the Note. No delay or omission of the Holder Lender to exercise any right or power accruing upon any Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Event of Default or any acquiescence therein, and every power and remedy given by this Agreement to the Holder Lender may be exercised from time to time. Receipt by the Holder Lender of any payment required to be made pursuant to the obligations of the Note Obligations with knowledge of the breach of any provisions of this Agreement, Agreement or the Notes or any of the other Loan Agreement shall not be deemed a waiver of such breach. In addition to all other remedies provided in this Agreement, the Holder Lender shall be entitled, to the extent permitted by applicable lawIaw, to injunctive relief in case of the violation, or attempted or threatened violation, of any of the provisions of this Agreement or the Note or any of the other Loan Agreement Notes or to a decree concerning performance of any of the provisions of this Agreement or the Notes or any of the other Loan Agreement or to any other remedy legally allowed to the HolderLender.

Remedies Cumulative, etc. No Every right, power and remedy herein conferred upon or reserved hereby specifically given to the Holder is intended to be exclusive of any other remedy and each such remedy shall be cumulative and Lender shall be in addition to every other right, power and remedy specifically given hereunder under this Agreement or the other Secured Creditor Documents or now or hereafter existing at law or in equity, or by statute and every right, power and remedy whether specifically herein given or otherwise existing may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by the Lender. It is agreed that Xxxxxx may enforce all All such rights, powers and remedies shall be cumulative and the exercise or the beginning of its rights contemporaneously, and that Xxxxxx may pursue all remedies contemporaneously, including both (a) remedies for possession and sale exercise of one shall not be deemed a waiver of the Collateral and (b) an action for enforcement right to exercise of the Noteany other or others. No delay or omission of the Holder to Lender in the exercise of any right such right, power or power accruing upon remedy, or partial or single exercise thereof, and no renewal or extension of any Event of Default the Secured Obligations, shall impair or constitute a waiver of any such right right, power or power, remedy or shall be construed to be a waiver of any such Default or Event of Default or any an acquiescence therein, and every power and remedy given by this Agreement . No notice to the Holder may be exercised from time or demand on Grantor in any case shall entitle it to time. Receipt by the Holder of any payment required to be made pursuant to the obligations of the Note with knowledge of the breach of any provisions of this Agreement, the Notes other or any of the further notice or demand in similar or other Loan Agreement shall not be deemed circumstances or constitute a waiver of such breach. In addition to all other remedies provided in this Agreement, the Holder shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of the violation, or attempted or threatened violation, of any of the provisions rights of the Note or any of the other Loan Agreement or to a decree concerning performance of any of the provisions of the Notes or any of the other Loan Agreement or Lender to any other remedy legally allowed or further action in any circumstances without notice or demand. In the event that the Lender shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the HolderLender may recover reasonable expenses, including attorneys' fees, and the amounts thereof shall be included in such judgment.

Remedies Cumulative, etc. No remedy herein conferred upon or reserved to the Holder Lender is intended to be exclusive of any other remedy and each such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. It is agreed that Xxxxxx may enforce all of its rights contemporaneously, and that Xxxxxx may pursue all remedies contemporaneously, including both (a) remedies for possession and sale of the Collateral and (b) an action for enforcement of the Note. No delay or omission of the Holder Lender to exercise any right or power accruing upon any Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Event of Default or any acquiescence therein, and every power and remedy given by this Agreement to the Holder Lender may be exercised from time to time. Receipt by the Holder Lender of any payment required to be made pursuant to the obligations of the Note Obligations with knowledge of the breach of any provisions of this Agreement, Agreement or the Notes or any of the other Loan Agreement Note shall not be deemed a waiver of such breach. In addition to all other remedies provided in this Agreement, the Holder Lender shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of the violation, or attempted or threatened violation, of any of the provisions of this Agreement, the Note or any of the other Loan Agreement or to a decree concerning performance of any of the provisions of this Agreement, the Notes or any of the other Loan Agreement or the Note or to any other remedy legally allowed to the HolderLender.