Common use of Remedies Cumulative, etc Clause in Contracts

Remedies Cumulative, etc. (a) Each Grantor agrees that a breach of any obligation under this Agreement will cause irreparable injury to the Administrative Agent, that the Administrative Agent has no adequate remedy at law in respect of such breach and, as a consequence, that such obligations shall be specifically enforceable against such Grantor and such Grantor hereby waives and agrees not assert any defenses against an action for specific performance of such obligations except for a defense that no default has occurred giving rise to the Credit Document Obligations becoming due and payable prior to their stated maturities. (b) Each and every right, power and remedy of the Administrative Agent provided for in this Agreement or in any other Loan Document, or now or hereafter existing at law or in equity or by statute shall be cumulative and concurrent and shall be in addition to every other such right, power or remedy. The exercise or beginning of the exercise by the Administrative Agent or any other Secured Creditor of any one or more of the rights, powers or remedies provided for in this Agreement or any other Loan Document 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 Administrative Agent or any other Secured Creditor of all such other rights, powers or remedies, and no failure or delay on the part of the Administrative Agent or any other Secured Creditor to exercise any such right, power or remedy shall operate as a waiver thereof. No notice to or demand on Grantor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Administrative Agent or any other 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 Administrative Agent, acting upon the instructions of the Required Lender and that no other Secured Creditor shall have any right individually to seek to enforce or to enforce this Agreement or to realize upon the security to be granted hereby, it being understood and agreed that such rights and remedies may be exercised by the Administrative Agent for the benefit of the Secured Creditors upon the terms of this Agreement.

Remedies Cumulative, etc. (a) Each Grantor agrees that a breach of any obligation under this Agreement will cause irreparable injury to the Administrative Agent, that the Administrative Agent has no adequate remedy at law in respect of such breach and, as a consequence, that such obligations shall be specifically enforceable against such Grantor and such Grantor hereby waives and agrees not assert any defenses against an action for specific performance of such obligations except for a defense that no default has occurred giving rise to the Credit Document Obligations becoming due and payable prior to their stated maturities. (b) Each and every right, power and remedy of hereby specifically given to the Administrative Collateral Agent provided for shall be in addition to every other right, power and remedy specifically given under this Agreement, any Designated Hedge Agreement or in any the other Loan Document, Secured Creditor Documents or now or hereafter existing at law or in equity 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 the Collateral Agent. All such rights, powers and remedies shall be cumulative and concurrent and the exercise or the beginning of exercise of one shall not be deemed a waiver of the right to exercise of any other or others. No delay or omission of the Collateral Agent in addition to every other the exercise of any such right, power or remedy. The , or partial or single exercise or beginning of the exercise by the Administrative Agent or any other Secured Creditor of any one or more of the rights, powers or remedies provided for in this Agreement or any other Loan Document 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 Administrative Agent or any other Secured Creditor of all such other rights, powers or remediesthereof, and no failure renewal or delay on the part extension of any of the Administrative Agent Obligations, shall impair or any other Secured Creditor to exercise constitute a waiver of any such right, power or remedy or shall operate as be construed to be a waiver thereofof any Default or Default Event or an acquiescence therein. No notice to or demand on any Grantor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Administrative Collateral Agent or any other Secured Creditor to any other or further action in any circumstances without notice or demand. The Secured Creditors agree In the event that this Agreement may be enforced only by the action of the Administrative Agent, acting upon the instructions of the Required Lender and that no other Secured Creditor Collateral Agent shall have bring any right individually to seek suit to enforce or any of its rights hereunder and shall be entitled to enforce this Agreement or to realize upon judgment, then in such suit the security to Collateral Agent may recover reasonable expenses, including attorneys’ fees, and the amounts thereof shall be granted hereby, it being understood and agreed that included in such rights and remedies may be exercised by the Administrative Agent for the benefit of the Secured Creditors upon the terms of this Agreementjudgment.

Remedies Cumulative, etc. (a) Each Grantor agrees that a breach 19.1 The rights, powers and remedies provided in this Mortgage are cumulative and are not, nor are they to be construed as, exclusive of any obligation under this Agreement will cause irreparable injury to the Administrative Agent, that the Administrative Agent has no adequate remedy at law in respect of such breach and, as a consequence, that such obligations shall be specifically enforceable against such Grantor and such Grantor hereby waives and agrees not assert any defenses against an action for specific performance of such obligations except for a defense that no default has occurred giving rise to the Credit Document Obligations becoming due and payable prior to their stated maturities. (b) Each and every right, power and remedy of the Administrative Agent provided for in this Agreement or in any other Loan Document, or now or hereafter existing at law or in equity or by statute shall be cumulative and concurrent and shall be in addition to every other such right, power or remedy. The exercise or beginning of the exercise by the Administrative Agent or any other Secured Creditor of any one or more of the rights, powers or remedies provided for in this Agreement or any other Loan Document or now or hereafter existing at by law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by the Administrative Agent or any other Secured Creditor of all such other rights, powers or remedies, and no otherwise. 19.2 No failure or delay on the part of the Administrative Agent to exercise, or delay on its part in exercising, any other Secured Creditor to exercise any such rightof its respective rights, power powers and remedies provided by this Mortgage or remedy by law (collectively the "Rights") shall operate as a waiver thereof. No notice to , nor shall any single or demand on Grantor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a partial waiver of any of the rights Rights preclude any further or other exercise of that one of the Administrative Agent Rights concerned or the exercise of any other of the Rights. 19.3 The Mortgagor hereby agrees to indemnify the Agent and any Receiver against all losses, actions, claims, costs, charges, expenses and liabilities incurred by the Agent and by any Receiver (including any substitute delegate attorney as aforesaid) in relation to this Mortgage or the Secured Creditor to Obligations (including, without limitation, the reasonable costs, charges and expenses incurred in the carrying of this Mortgage into effect or in the exercise of any of the rights, remedies and powers conferred hereby or in the perfection or enforcement of the security constituted hereby or pursuant hereto or in the perfection or enforcement of any other security for or further action guarantee in any circumstances without notice or demand. The Secured Creditors agree that this Agreement may be enforced only by the action of the Administrative Agent, acting upon the instructions of the Required Lender and that no other Secured Creditor shall have any right individually to seek to enforce or to enforce this Agreement or to realize upon the security to be granted hereby, it being understood and agreed that such rights and remedies may be exercised by the Administrative Agent for the benefit respect of the Secured Creditors Obligations) or occasioned by any breach by the Mortgagor any of its covenants or obligations under this Mortgage. The Mortgagor shall so indemnify the Agent and any Receiver on demand and shall pay interest on the sum demanded at the Facility Rate any sum so demanded together with any interest, shall be a charge upon the terms of this AgreementMortgaged Property in addition to the moneys hereby secured.

Remedies Cumulative, etc. (a) Each Grantor agrees that a breach of any obligation under this Agreement will cause irreparable injury to the Administrative Agent, that the Administrative Agent has no adequate remedy at law in respect of such breach and, as a consequence, that such obligations shall be specifically enforceable against such Grantor and such Grantor hereby waives and agrees not assert any defenses against an action for specific performance of such obligations except for a defense that no default has occurred giving rise to the Credit Document Obligations becoming due and payable prior to their stated maturities. (b) Each and every right, power and remedy of hereby specifically given to the Administrative Agent provided for shall be in addition to every other right, power and remedy specifically given under this Agreement Agreement, any Designated Hedge Agreement, or in any the other Loan Document, Documents or now or hereafter existing at law or in equity 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 the Administrative Agent. All such rights, powers and remedies shall be cumulative and concurrent and the exercise or the beginning of exercise of one shall not be deemed a waiver of the right to exercise any other or others. No delay or omission of the Administrative Agent in addition to every other the exercise of any such right, power or remedy. The , or partial or single exercise or beginning of the exercise by the Administrative Agent or any other Secured Creditor of any one or more of the rights, powers or remedies provided for in this Agreement or any other Loan Document 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 Administrative Agent or any other Secured Creditor of all such other rights, powers or remediesthereof, and no failure renewal or delay on the part extension of any of the Administrative Agent Secured Obligations, shall impair or any other Secured Creditor to exercise constitute a waiver of any such right, power or remedy or shall operate as be construed to be a waiver thereofof any Default or Event of Default or an acquiescence therein. No notice to or demand on any Grantor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Administrative Agent or any other Secured Creditor to any other or further action in any circumstances without notice or demand. The Secured Creditors agree In the event that this Agreement may be enforced only by the action of the Administrative Agent, acting upon the instructions of the Required Lender and that no other Secured Creditor shall have any right individually to seek to enforce or to enforce this Agreement or to realize upon the security to be granted hereby, it being understood and agreed that such rights and remedies may be exercised by the Administrative Agent for shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the benefit of Administrative Agent may recover reasonable, actual expenses, including attorneys’ fees, and the Secured Creditors upon the terms of this Agreementamounts thereof shall be included in such judgment.

Remedies Cumulative, etc. (a) Each Grantor agrees that a breach of any obligation under this Agreement will cause irreparable injury to the Administrative Agent, that the Administrative Agent has no adequate remedy at law in respect of such breach and, as a consequence, that such obligations shall be specifically enforceable against such Grantor and such Grantor hereby waives and agrees not assert any defenses against an action for specific performance of such obligations except for a defense that no default has occurred giving rise to the Credit Document Obligations becoming due and payable prior to their stated maturities. (b) Each and every right, power and remedy of hereby specifically given to the Administrative Agent provided for shall be in addition to every other right, power and remedy specifically given under this Agreement Agreement, any Designated Hedge Agreement, or in any the other Loan Document, Credit Documents or now or hereafter existing at law or in equity 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 the Administrative Agent. All such rights, powers and remedies shall be cumulative and concurrent and the exercise or the beginning of exercise of one shall not be deemed a waiver of the right to exercise any other or others. No delay or omission of the Administrative Agent in addition to every other the exercise of any such right, power or remedy. The , or partial or single exercise or beginning of the exercise by the Administrative Agent or any other Secured Creditor of any one or more of the rights, powers or remedies provided for in this Agreement or any other Loan Document 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 Administrative Agent or any other Secured Creditor of all such other rights, powers or remediesthereof, and no failure renewal or delay on the part extension of any of the Administrative Agent Secured Obligations, shall impair or any other Secured Creditor to exercise constitute a waiver of any such right, power or remedy or shall operate as be construed to be a waiver thereofof any Default or Event of Default or an acquiescence therein. No notice to or demand on any Grantor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Administrative Agent or any other Secured Creditor to any other or further action in any circumstances without notice or demand. The Secured Creditors agree In the event that this Agreement may be enforced only by the action of the Administrative Agent, acting upon the instructions of the Required Lender and that no other Secured Creditor shall have any right individually to seek to enforce or to enforce this Agreement or to realize upon the security to be granted hereby, it being understood and agreed that such rights and remedies may be exercised by the Administrative Agent for shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the benefit of Administrative Agent may recover reasonable, actual expenses, including attorneys’ fees, and the Secured Creditors upon the terms of this Agreementamounts thereof shall be included in such judgment.

Remedies Cumulative, etc. (a) Each Grantor agrees that a breach of any obligation under this Agreement will cause irreparable injury to the Administrative Agent, that the Administrative Agent has no adequate remedy at law in respect of such breach and, as a consequence, that such obligations shall be specifically enforceable against such Grantor and such Grantor hereby waives and agrees not assert any defenses against an action for specific performance of such obligations except for a defense that no default has occurred giving rise to the Credit Document Obligations becoming due and payable prior to their stated maturities. (b) Each and every right, power and remedy of the Administrative Agent Pledgee provided for in this Agreement or in any other Loan DocumentSecured Debt Agreement, or now or hereafter existing at law or in equity or by statute shall be cumulative and concurrent and shall be in addition to every other such right, power or remedy. The exercise or beginning of the exercise by the Administrative Agent Pledgee or any other Secured Creditor of any one or more of the infoUSA Amended and Restated Pledge Agreement rights, powers or remedies provided for in this Agreement or any other Loan Document Secured Debt 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 Administrative Agent Pledgee or any other Secured Creditor of all such other rights, powers or remedies, and no failure or delay on the part of the Administrative Agent Pledgee or any other Secured Creditor to exercise any such right, power or remedy shall operate as a waiver thereof. No notice to or demand on Grantor any Pledgor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Administrative Agent Pledgee or any other 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 Administrative AgentPledgee, in each case acting upon the instructions of the Required Lender Lenders (or, after the date on which all Credit Document Obligations have been paid in full, the holders of at least the majority of the outstanding Other Obligations) and that no other Secured Creditor shall have any right individually to seek to enforce or to enforce this Agreement or to realize upon the security to be granted hereby, it being understood and agreed that such rights and remedies may be exercised by the Administrative Agent Pledgee for the benefit of the Secured Creditors upon the terms of this Agreement.

Remedies Cumulative, etc. (a) Each Grantor agrees that a breach of any obligation under this Agreement will cause irreparable injury to the Administrative AgentAll covenants, that the Administrative Agent has no adequate remedy at law in respect of such breach andconditions, as a consequenceprovisions, that such obligations shall be specifically enforceable against such Grantor warranties, guaranties, indemnities, and such Grantor hereby waives and agrees not assert any defenses against an action for specific performance of such obligations except for a defense that no default has occurred giving rise to the Credit Document Obligations becoming due and payable prior to their stated maturities. (b) Each and every right, power and remedy other undertakings of the Administrative Agent provided for Obligors contained in this Agreement or in any other Loan DocumentTransaction Document or in any document referred to herein or therein, or now contained in any agreement supplementary hereto or hereafter existing at law or in equity or by statute thereto, shall be cumulative and concurrent and shall be deemed in addition to every other such rightto, power and not in derogation or remedy. The exercise or beginning substitution of, any of the exercise by covenants, conditions, or agreements of the Administrative Agent Obligors herein or therein contained. (b) The giving, taking, or enforcement of any other Secured Creditor of any one or more additional security, collateral, or guaranty for the payment or performance of the rightsSecured Obligations shall not operate to prejudice, powers waive, or remedies provided for affect the security interests created in favor of the Trustee under this Agreement or any other Loan Document 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 Administrative Agent Transaction Document, or any other rights, powers, or remedies hereunder or thereunder, nor shall the Secured Creditor of all Parties or the Trustee be required to first look to, enforce, or exhaust, any such other rightsor additional security, powers collateral, or remedies, and no failure or delay guaranties. (c) No course of dealing on the part of any of the Administrative Agent Secured Parties or the Trustee, nor any other delay or failure on the part of any of the Secured Creditor Parties or the Trustee to exercise any such right, power shall impair any right or remedy shall operate as a waiver thereof. No notice to of any right or demand on Grantor in any case shall entitle it to otherwise prejudice the rights, powers, and remedies of the Secured Parties or the Trustee hereunder or under any other or further notice or demand in similar or other circumstances or constitute a Transaction Document. (d) No waiver of by any of the Secured Parties or the Trustee of any Default or Event of Default, whether such waiver be full or partial, shall extend to or be taken to affect any subsequent Default or Event of Default, or to impair the rights of the Administrative Agent resulting therefrom, except as may be otherwise expressly provided herein or in any other Secured Creditor Transaction Document. (e) Every right and remedy hereunder and under other Transaction Document or by applicable Law to any other or further action in any circumstances without notice or demand. The Secured Creditors agree that the Trustee may, to the fullest extent provided under applicable Law and subject to Section 7.1(a) of this Agreement Agreement, be exercised from time to time as often as may be enforced only deemed expedient by the action of the Administrative AgentTrustee, acting upon the instructions written direction of the Required Lender and that no other Secured Creditor shall have any right individually to seek to enforce or to enforce this Agreement or to realize upon the security to be granted hereby, it being understood and agreed that such rights and remedies may be exercised by the Administrative Agent for the benefit of the Secured Creditors upon the terms of this AgreementParties.

Remedies Cumulative, etc. (a) Each Grantor agrees that a breach of any obligation under this Agreement will cause irreparable injury to the Administrative Agent, that the Administrative Agent has no adequate remedy at law in respect of such breach and, as a consequence, that such obligations shall be specifically enforceable against such Grantor and such Grantor hereby waives and agrees not assert any defenses against an action for specific performance of such obligations except for a defense that no default has occurred giving rise to the Credit Document Obligations becoming due and payable prior to their stated maturities. (b) Each and every right, power and remedy of hereby specifically given to the Administrative Collateral Agent provided for shall be in addition to every other right, power and remedy specifically given under this Agreement, any Designated Hedge Agreement or in any the other Loan Document, Secured Creditor Documents or now or hereafter existing at law or in equity 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 the Collateral Agent. All such rights, powers and remedies shall be cumulative and concurrent and the exercise or the beginning of exercise of one shall not be deemed a waiver of the right to exercise of any other or others. No delay or omission of the Collateral Agent in addition to every other the exercise of any such right, power or remedy. The , or partial or single exercise or beginning of the exercise by the Administrative Agent or any other Secured Creditor of any one or more of the rights, powers or remedies provided for in this Agreement or any other Loan Document 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 Administrative Agent or any other Secured Creditor of all such other rights, powers or remediesthereof, and no failure renewal or delay on the part extension of any of the Administrative Agent Secured Obligations, shall impair or any other Secured Creditor to exercise constitute a waiver of any such right, power or remedy or shall operate as be construed to be a waiver thereofof any Default or Event of Default or an acquiescence therein. No notice to or demand on any Grantor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Administrative Collateral Agent or any other Secured Creditor to any other or further action in any circumstances without notice or demand. The Secured Creditors agree In the event that this Agreement may be enforced only by the action of the Administrative Agent, acting upon the instructions of the Required Lender and that no other Secured Creditor Collateral Agent shall have bring any right individually to seek suit to enforce or any of its rights hereunder and shall be entitled to enforce this Agreement or to realize upon judgment, then in such suit the security to Collateral Agent may recover reasonable expenses, including attorneys’ fees, and the amounts thereof shall be granted hereby, it being understood and agreed that included in such rights and remedies may be exercised by the Administrative Agent for the benefit of the Secured Creditors upon the terms of this Agreementjudgment.

Remedies Cumulative, etc. (a) Each Grantor agrees that a breach of any obligation under this Agreement will cause irreparable injury to the Administrative Agent, that the Administrative Agent has no adequate remedy at law in respect of such breach and, as a consequence, that such obligations shall be specifically enforceable against such Grantor and such Grantor hereby waives and agrees not assert any defenses against an action for specific performance of such obligations except for a defense that no default has occurred giving rise to the Credit Document Obligations becoming due and payable prior to their stated maturities. (b) Each and every right, power and remedy of the Administrative Agent Pledgee provided for in this Agreement or in any other Loan DocumentSecured Debt Agreement (including, without limitation, the Intercreditor Agreement), or now or hereafter existing at law or in equity or by statute shall be cumulative and concurrent and shall be in addition to every other such right, power or remedy. The exercise or beginning of the exercise by the Administrative Agent 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 Loan Document 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 Administrative Agent Pledgee or any other Secured Creditor of all such other rights, powers or remedies, and no failure or delay on the part of the Administrative Agent Pledgee or any other Secured Creditor to exercise any such right, power or remedy shall operate as a waiver thereof. No notice to or demand on Grantor the Pledgor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Administrative Agent Pledgee or any other 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 Administrative AgentPledgee, in each case, acting upon the instructions of the Required Lender Lenders, and that no other Secured Creditor shall have any right individually to seek to enforce or to enforce this Agreement or to realize upon the security to be granted hereby, it being understood and agreed that such rights and remedies may be exercised by the Administrative Agent Pledgee for the benefit of the Secured Creditors upon the terms of this Agreement and the Security Agreement.

Remedies Cumulative, etc. (a) Each Grantor agrees that a breach of any obligation under this Agreement will cause irreparable injury to the Administrative Agent, that the Administrative Agent has no adequate remedy at law in respect of such breach and, as a consequence, that such obligations shall be specifically enforceable against such Grantor and such Grantor hereby waives and agrees not assert any defenses against an action for specific performance of such obligations except for a defense that no default has occurred giving rise to the Credit Document Obligations becoming due and payable prior to their stated maturities. (b) Each and every right, power and remedy of hereby specifically given to the Administrative Collateral Agent provided for shall be in addition to every other right, power and remedy specifically given under this Agreement, any Designated Hedge Agreement or in any the other Loan Document, Credit Documents or now or hereafter existing at law or in equity 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 the Collateral Agent. All such rights, powers and remedies shall be cumulative and concurrent and the exercise or the beginning of exercise of one shall not be deemed a waiver of the right to exercise of any other or others. No delay or omission of the Collateral Agent in addition to every other the exercise of any such right, power or remedy. The , or partial or single exercise or beginning of the exercise by the Administrative Agent or any other Secured Creditor of any one or more of the rights, powers or remedies provided for in this Agreement or any other Loan Document 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 Administrative Agent or any other Secured Creditor of all such other rights, powers or remediesthereof, and no failure renewal or delay on the part extension of any of the Administrative Agent Secured Obligations, shall impair or any other Secured Creditor to exercise constitute a waiver of any such right, power or remedy or shall operate as be construed to be a waiver thereofof any Default or Event of Default or an acquiescence therein. No notice to or demand on Grantor any Pledgor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Administrative Collateral Agent or any other Secured Creditor to any other or further action in any circumstances without notice or demand. The Secured Creditors agree In the event that this Agreement may be enforced only by the action of the Administrative Agent, acting upon the instructions of the Required Lender and that no other Secured Creditor Collateral Agent shall have bring any right individually to seek suit to enforce or any of its rights hereunder and shall be entitled to enforce this Agreement or to realize upon judgment, then in such suit the security to Collateral Agent may recover reasonable expenses, including attorneys’ fees, and the amounts thereof shall be granted hereby, it being understood and agreed that included in such rights and remedies may be exercised by the Administrative Agent for the benefit of the Secured Creditors upon the terms of this Agreementjudgment.

Remedies Cumulative, etc. (a) Each Grantor agrees that a breach of any obligation under this Agreement will cause irreparable injury to the Administrative Agent, that the Administrative Agent has no adequate remedy at law in respect of such breach and, as a consequence, that such obligations shall be specifically enforceable against such Grantor and such Grantor hereby waives and agrees not assert any defenses against an action for specific performance of such obligations except for a defense that no default has occurred giving rise to the Credit Document Obligations becoming due and payable prior to their stated maturities. (b) Each and every right, power and remedy of the Administrative Agent Pledgee or any other Secured Creditor provided for in this Agreement or in any other Loan DocumentSecured Debt Agreement, or now or hereafter existing at law or in equity or by statute shall be cumulative and concurrent and shall be in addition to every other such right, power or remedy. The exercise or beginning of the exercise by the Administrative Agent 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 Loan Document Secured Debt 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 Administrative Agent Pledgee or any other Secured Creditor of all such other rights, powers or remedies, and no failure or delay on the part of the Administrative Agent Pledgee or any other Secured Creditor to exercise any such right, power or remedy shall operate as a waiver thereof. No notice to or demand on Grantor any Pledgor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Administrative Agent Pledgee or any other 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 Administrative AgentPledgee, acting upon the instructions of the Required Lender Requisite Lenders (or, after the date on which all Credit Agreement Obligations have been paid in full, the holders of at least a majority of the Other Obligations) and that no other Secured Creditor shall have any right individually to seek to enforce or to enforce this Agreement or to realize upon the security to be granted hereby, it being understood and agreed that such rights and remedies may be exercised by the Administrative Agent Pledgee or the holders of at least a majority of the Other Obligations, as the case may be, for the benefit of the Secured Creditors upon the terms of this AgreementAgreement and the other Loan Documents.

Remedies Cumulative, etc. (a) Each Grantor agrees that a breach of any obligation under this Agreement will cause irreparable injury to the Administrative Agent, that the Administrative Agent has no adequate remedy at law in respect of such breach and, as a consequence, that such obligations shall be specifically enforceable against such Grantor and such Grantor hereby waives and agrees not assert any defenses against an action for specific performance of such obligations except for a defense that no default has occurred giving rise to the Credit Document Obligations becoming due and payable prior to their stated maturities. (b) Each and every right, power and remedy of the Administrative Agent Pledgee provided for in this Agreement or in any other Loan DocumentSecured Debt Agreement (including, without limitation, the Intercreditor Agreement), or now or hereafter existing at law or in equity or by statute shall be cumulative and concurrent and shall be in addition to every other such right, power or remedy. The exercise or beginning of the exercise by the Administrative Agent 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 Loan Document 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 Administrative Agent Pledgee or any other Secured Creditor of all such other rights, powers or remedies, and no failure or delay on the part of the Administrative Agent Pledgee or any other Secured Creditor to exercise any such right, power or remedy shall operate as a waiver thereof. No notice to or demand on Grantor any Pledgor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Administrative Agent Pledgee or any other 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 Administrative AgentPledgee, in each case, acting upon the instructions of the Required Lender Majority Noteholders, and that no other Secured Creditor shall have any right individually to seek to enforce or to enforce this Agreement or to realize upon the security to be granted hereby, it being understood and agreed that such rights and remedies may be exercised by the Administrative Agent Pledgee for the benefit of the Secured Creditors upon the terms of this Agreement and the Security Agreement.

Remedies Cumulative, etc. (a) Each Grantor agrees that a breach of any obligation under this Agreement will cause irreparable injury to the Administrative Agent, that the Administrative Agent has no adequate remedy at law in respect of such breach and, as a consequence, that such obligations shall be specifically enforceable against such Grantor and such Grantor hereby waives and agrees not assert any defenses against an action for specific performance of such obligations except for a defense that no default has occurred giving rise to the Credit Document Obligations becoming due and payable prior to their stated maturities. (b) Each and every right, power and remedy of the Administrative Agent Pledgee or any other Secured Creditor provided for in this Agreement or in any other Loan DocumentSecured Debt Agreement, or now or hereafter existing at law or in equity or by statute shall be cumulative and concurrent and shall be in addition to every other such right, power or remedy. The exercise or beginning of the exercise by the Administrative Agent 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 Loan Document Secured Debt 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 Administrative Agent Pledgee or any other Secured Creditor of all such other rights, powers or remedies, and no failure or delay on the part of the Administrative Agent Pledgee or any other Secured Creditor to exercise any such right, power or remedy shall operate as a waiver thereof. No notice to or demand on Grantor any Pledgor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Administrative Agent Pledgee or any other Secured Creditor to any other or further action in any circumstances without notice or demand. The By accepting the benefits of this Agreement and each other Collateral Document, the Secured Creditors agree that this Agreement may be enforced only by the action of the Administrative AgentPledgee, acting upon the instructions of the Required Lender Requisite Lenders (or, after the date on which all Credit Agreement Obligations have been paid in full, the holders of at least a majority of the Other Obligations) and that no other Secured Creditor shall have any right individually to seek to enforce or to enforce this Agreement or to realize upon the security to be granted hereby, it being understood and agreed that such rights and remedies may be exercised by the Administrative Agent Pledgee for the benefit of the Secured Creditors upon the terms of this AgreementAgreement and the other Loan Documents.

Remedies Cumulative, etc. (a) Each Grantor agrees that a breach of any obligation under this Agreement will cause irreparable injury to the Administrative Agent, that the Administrative Agent has no adequate remedy at law in respect of such breach and, as a consequence, that such obligations shall be specifically enforceable against such Grantor and such Grantor hereby waives and agrees not assert any defenses against an action for specific performance of such obligations except for a defense that no default has occurred giving rise to the Credit Document Obligations becoming due and payable prior to their stated maturities. (b) Each and every right, power and remedy of hereby specifically given to the Administrative Agent provided for shall be in addition to every other right, power and remedy specifically given under this Agreement or in Agreement, any other Loan Bank Product Document, any Designated Hedge Agreement, or the other Credit Documents or now or hereafter existing at law or in equity 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 the Administrative Agent. All such rights, powers and remedies shall be cumulative and concurrent and the exercise or the beginning of exercise of one shall not be deemed a waiver of the right to exercise any other or others. No delay or omission of the Administrative Agent in addition to every other the exercise of any such right, power or remedy. The , or partial or single exercise or beginning of the exercise by the Administrative Agent or any other Secured Creditor of any one or more of the rights, powers or remedies provided for in this Agreement or any other Loan Document 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 Administrative Agent or any other Secured Creditor of all such other rights, powers or remediesthereof, and no failure renewal or delay on the part extension of any of the Administrative Agent Secured Obligations, shall impair or any other Secured Creditor to exercise constitute a waiver of any such right, power or remedy or shall operate as be construed to be a waiver thereofof any Default or Event of Default or an acquiescence therein. No notice to or demand on any Grantor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Administrative Agent or any other Secured Creditor to any other or further action in any circumstances without notice or demand. The Secured Creditors agree In the event that this Agreement may be enforced only by the action of the Administrative Agent, acting upon the instructions of the Required Lender and that no other Secured Creditor shall have any right individually to seek to enforce or to enforce this Agreement or to realize upon the security to be granted hereby, it being understood and agreed that such rights and remedies may be exercised by the Administrative Agent for shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the benefit of Administrative Agent may recover reasonable, actual expenses, including attorneys’ fees, and the Secured Creditors upon the terms of this Agreementamounts thereof shall be included in such judgment.

Remedies Cumulative, etc. (a) Each Grantor agrees that a breach of any obligation under this Agreement will cause irreparable injury to the Administrative Agent, that the Administrative Agent has no adequate remedy at law in respect of such breach and, as a consequence, that such obligations shall be specifically enforceable against such Grantor and such Grantor hereby waives and agrees not assert any defenses against an action for specific performance of such obligations except for a defense that no default has occurred giving rise to the Credit Document Obligations becoming due and payable prior to their stated maturities. (b) Each and every right, power and remedy of hereby specifically given to the Administrative Agent provided for shall be in addition to every other right, power and remedy specifically given under this Agreement, any Designated Hedge Agreement or in any the other Loan Document, Credit Documents or now or hereafter existing at law or in equity 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 the Administrative Agent. All such rights, powers and remedies shall be cumulative and concurrent and the exercise or the beginning of exercise of one shall not be deemed a waiver of the right to exercise of any other or others. No delay or omission of the Administrative Agent in addition to every other the exercise of any such right, power or remedy. The , or partial or single exercise or beginning of the exercise by the Administrative Agent or any other Secured Creditor of any one or more of the rights, powers or remedies provided for in this Agreement or any other Loan Document 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 Administrative Agent or any other Secured Creditor of all such other rights, powers or remediesthereof, and no failure renewal or delay on the part extension of any of the Administrative Agent Secured Obligations, shall impair or any other Secured Creditor to exercise constitute a waiver of any such right, power or remedy or shall operate as be construed to be a waiver thereofof any Default or Event of Default or an acquiescence therein. No notice to or demand on any Grantor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Administrative Agent or any other Secured Creditor to any other or further action in any circumstances without notice or demand. The Secured Creditors agree In the event that this Agreement may be enforced only by the action of the Administrative Agent, acting upon the instructions of the Required Lender and that no other Secured Creditor shall have any right individually to seek to enforce or to enforce this Agreement or to realize upon the security to be granted hereby, it being understood and agreed that such rights and remedies may be exercised by the Administrative Agent for shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the benefit of Administrative Agent may recover reasonable, actual expenses, including attorneys’ fees, and the Secured Creditors upon the terms of this Agreementamounts thereof shall be included in such judgment.

Remedies Cumulative, etc. (a) Each Grantor agrees that a breach of any obligation under this Agreement will cause irreparable injury to the Administrative Agent, that the Administrative Agent has no adequate remedy at law in respect of such breach and, as a consequence, that such obligations shall be specifically enforceable against such Grantor and such Grantor hereby waives and agrees not assert any defenses against an action for specific performance of such obligations except for a defense that no default has occurred giving rise to the Credit Document Obligations becoming due and payable prior to their stated maturities. (b) Each and every right, power and remedy of the Administrative Collateral Agent provided for in this Agreement or in any other Loan DocumentSecured Debt Agreement, or now or hereafter existing at law or in equity or by statute shall be cumulative and concurrent and and, subject to Section 12(c) hereof, shall be in addition to every other such right, power or remedy. The exercise or beginning of the exercise by the Administrative Collateral Agent or any other Secured Creditor of any one or more of the rights, powers or remedies provided for in this Agreement or any other Loan Document Secured Debt 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 Administrative Collateral Agent or any other Secured Creditor of all such other rights, powers or remedies, and no failure or delay on the part of the Administrative Collateral Agent or any other Secured Creditor to exercise any such right, power or remedy shall operate as a waiver thereof. No notice to or demand on Grantor any Pledgor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Administrative Collateral Agent or any other 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 Administrative Collateral Agent, in each case, acting upon the instructions of the Required Lender Secured Creditors, and that no other Secured Creditor shall have any right individually to seek to enforce or to enforce this Agreement or to realize upon the security to be granted hereby, it being understood and agreed that such rights and remedies may be exercised by the Administrative Collateral Agent for the benefit of the Secured Creditors upon the terms of this Agreement and the Security Agreement.