Common use of Remedies Cumulative, etc Clause in Contracts

Remedies Cumulative, etc. Each and every right, power and remedy hereby specifically given to the Administrative Agent shall be in addition to every other right, power and remedy specifically given under this Agreement, any Designated Hedge 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 the Administrative Agent. All such rights, powers and remedies shall be cumulative 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 the exercise of any such right, power or remedy, or partial or single exercise thereof, and no renewal or extension of any of the Secured Obligations, shall impair or constitute a waiver of any such right, power or remedy or shall be construed to be a waiver of 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 to any other or further action in any circumstances without notice or demand. In the event that the Administrative Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Administrative Agent may recover reasonable, actual expenses, including attorneys’ fees, and the amounts thereof shall be included in such judgment.

Appears in 1 contract

Samples: Credit Agreement (American Dental Partners Inc)

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Remedies Cumulative, etc. Each and every right, power and remedy hereby specifically given to the Administrative Agent shall be in addition to every other right, power and remedy specifically given under this Agreement, any Bank Product Document, any Designated Hedge Agreement, or the other Loan Credit 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 the Administrative Agent. All such rights, powers and remedies shall be cumulative 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 the exercise of any such right, power or remedy, or partial or single exercise thereof, and no renewal or extension of any of the Secured Obligations, shall impair or constitute a waiver of any such right, power or remedy or shall be construed to be a waiver of 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 to any other or further action in any circumstances without notice or demand. In the event that the Administrative Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Administrative Agent may recover reasonable, actual expenses, including attorneys’ fees, and the amounts thereof shall be included in such judgment.

Appears in 1 contract

Samples: Pledge and Security Agreement (American Dental Partners Inc)

Remedies Cumulative, etc. Each and every right, power and remedy hereby specifically given to the Administrative Collateral Agent shall be in addition to every other right, power and remedy specifically given under this Agreement, any Designated Hedge Agreement, Agreement or the other Loan Secured Creditor 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 the Administrative Collateral Agent. All such rights, powers and remedies shall be cumulative 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 Collateral Agent in the exercise of any such right, power or remedy, or partial or single exercise thereof, and no renewal or extension of any of the Secured Obligations, shall impair or constitute a waiver of any such right, power or remedy or shall be construed to be a waiver of any Default or Default 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 to any other or further action in any circumstances without notice or demand. In the event that the Administrative Collateral Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Administrative Collateral Agent may recover reasonable, actual reasonable expenses, including attorneys’ fees, and the amounts thereof shall be included in such judgment.

Appears in 1 contract

Samples: Pledge and Security Agreement (American Greetings Corp)

Remedies Cumulative, etc. Each and every right, power and remedy hereby specifically given to of the Administrative Agent shall be Pledgee provided for in addition to every this Agreement or in any other rightSecured Debt Agreement (including, power and remedy specifically given under this without limitation, the Intercreditor Agreement), any Designated Hedge Agreement, or the other Loan 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 the exercise or the beginning of exercise of one concurrent and shall not be deemed a waiver of the right in addition to exercise any every other or others. No delay or omission of the Administrative Agent in the exercise of any such right, power or remedy. 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 partial remedies provided for in this Agreement or single 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 thereofby the Pledgee or any other Secured Creditor of all such other rights, powers or remedies, and no renewal failure or extension of any delay on the part of the Pledgee or any other Secured Obligations, shall impair or constitute a waiver of Creditor to exercise any such right, power or remedy or shall be construed to be operate as a waiver of any Default or Event of Default or an acquiescence thereinthereof. No notice to or demand on any 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. In The Secured Creditors agree that this Agreement may be enforced only by the event action of the Pledgee, in each case, acting upon the instructions of the Required Lenders, and that the Administrative Agent no other Secured Creditor shall bring have any suit right individually to seek to enforce any 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 Pledgee for the benefit of its rights hereunder and shall be entitled to judgment, then in such suit the Administrative Agent may recover reasonable, actual expenses, including attorneys’ fees, Secured Creditors upon the terms of this Agreement and the amounts thereof shall be included in such judgmentSecurity Agreement.

Appears in 1 contract

Samples: Pledge Agreement (RCN Corp /De/)

Remedies Cumulative, etc. Each and every right, power and remedy hereby specifically given to the Administrative Agent shall be in addition to every other right, power and remedy specifically given under this Agreement, any Designated Hedge Agreement, Agreement or the other Loan Credit 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 the Administrative Agent. All such rights, powers and remedies shall be cumulative 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 the exercise of any such right, power or remedy, or partial or single exercise thereof, and no renewal or extension of any of the Secured Obligations, shall impair or constitute a waiver of any such right, power or remedy or shall be construed to be a waiver of 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 to any other or further action in any circumstances without notice or demand. In the event that the Administrative Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Administrative Agent may recover reasonable, actual expenses, including attorneys’ fees, and the amounts thereof shall be included in such judgment.

Appears in 1 contract

Samples: Pledge and Security Agreement (American Dental Partners Inc)

Remedies Cumulative, etc. Each and every right, power and remedy hereby specifically given to the Administrative Collateral Agent shall be in addition to every other right, power and remedy specifically given under this Agreement, any Designated Hedge Agreement, Agreement or the other Loan Secured Creditor 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 the Administrative Collateral Agent. All such rights, powers and remedies shall be cumulative 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 Collateral Agent in the exercise of any such right, power or remedy, or partial or single exercise thereof, and no renewal or extension of any of the Secured Obligations, shall impair or constitute a waiver of any such right, power or remedy or shall be construed to be a waiver of 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 to any other or further action in any circumstances without notice or demand. In the event that the Administrative Collateral Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Administrative Collateral Agent may recover reasonable, actual reasonable expenses, including attorneys’ fees, and the amounts thereof shall be included in such judgment.

Appears in 1 contract

Samples: Pledge and Security Agreement (American Greetings Corp)

Remedies Cumulative, etc. Each and every right, power and remedy hereby specifically given to of the Administrative Collateral Agent shall be provided for in addition to every this Agreement or in any other rightFacility Document, power and remedy specifically given under this Agreement, any Designated Hedge Agreement, or the other Loan 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 the exercise or the beginning of exercise of one concurrent and shall not be deemed a waiver of the right in addition to exercise any every other or others. No delay or omission of the Administrative Agent in the exercise of any such right, power or remedy. The exercise or beginning of the exercise by the Collateral Agent or any other Secured Party of any one or more of the rights, powers or partial remedies provided for in this Agreement or single any other Facility Document or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise thereofby the Collateral Agent or any other Secured Party of all such other rights, powers or remedies, and no renewal failure or extension of any delay on the part of the Collateral Agent or any other Secured Obligations, shall impair or constitute a waiver of Party to exercise any such right, power or remedy or shall be construed to be operate as a waiver of any Default or Event of Default or an acquiescence thereinthereof. No notice to or demand on any Grantor 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 Party to any other or further action in any circumstances without notice or demand. In The Secured Parties agree that this Agreement may be enforced only by the event action of the Collateral Agent and that the Administrative Agent no other Secured Party shall bring have any suit right individually to seek to enforce any 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 Collateral Agent for the benefit of its rights hereunder and shall be entitled to judgment, then in such suit the Administrative Agent may recover reasonable, actual expenses, including attorneys’ fees, Secured Parties upon the terms of this Agreement and the amounts thereof shall be included in such judgmentSecurity Agreement.

Appears in 1 contract

Samples: Pledge Agreement (CURO Group Holdings Corp.)

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Remedies Cumulative, etc. Each and every right, power and remedy hereby specifically given to the Administrative Collateral Agent shall be in addition to every other right, power and remedy specifically given under this Agreement, any Designated Hedge Agreement, Agreement or the other Loan Credit 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 the Administrative Collateral Agent. All such rights, powers and remedies shall be cumulative 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 Collateral Agent in the exercise of any such right, power or remedy, or partial or single exercise thereof, and no renewal or extension of any of the Secured Obligations, shall impair or constitute a waiver of any such right, power or remedy or shall be construed to be a waiver of any Default or Event of Default or an acquiescence therein. No notice to or demand on any Grantor 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 to any other or further action in any circumstances without notice or demand. In the event that the Administrative Collateral Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Administrative Collateral Agent may recover reasonable, actual reasonable expenses, including attorneys’ fees, and the amounts thereof shall be included in such judgment.

Appears in 1 contract

Samples: Pledge Agreement (Memc Electronic Materials Inc)

Remedies Cumulative, etc. Each and every right, power and remedy hereby specifically given to the Administrative Agent shall be in addition to every other right, power and remedy specifically given under this Agreement, any Designated Hedge Agreement, or the other Loan Credit 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 the Administrative Agent. All such rights, powers and remedies shall be cumulative 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 the exercise of any such right, power or remedy, or partial or single exercise thereof, and no renewal or extension of any of the Secured Obligations, shall impair or constitute a waiver of any such right, power or remedy or shall be construed to be a waiver of 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 to any other or further action in any circumstances without notice or demand. In the event that the Administrative Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Administrative Agent may recover reasonable, actual expenses, including attorneys’ fees, and the amounts thereof shall be included in such judgment.

Appears in 1 contract

Samples: Pledge and Security Agreement (American Dental Partners Inc)

Remedies Cumulative, etc. Each and every Every right, power and remedy hereby specifically given to the Administrative Agent Lender shall be in addition to every other right, power and remedy specifically given under this Agreement, any Designated Hedge Agreement, Agreement or the other Loan Secured Creditor 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 the Administrative AgentLender. All such rights, powers and remedies shall be cumulative 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 Lender in the exercise of any such right, power or remedy, or partial or single exercise thereof, and no renewal or extension of any of the Secured Obligations, shall impair or constitute a waiver of any such right, power or remedy or shall be construed to be a waiver of 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 Lender to any other or further action in any circumstances without notice or demand. In the event that the Administrative Agent Lender shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Administrative Agent Lender may recover reasonable, actual reasonable expenses, including attorneys' fees, and the amounts thereof shall be included in such judgment.

Appears in 1 contract

Samples: Pledge and Security Agreement (Igi Laboratories, Inc)

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