Common use of Remedies Cumulative; Waivers Clause in Contracts

Remedies Cumulative; Waivers. The rights, powers and remedies of Lenders and the Administrative Agent under this Agreement and the other Credit Documents shall be cumulative and not exclusive of any other right, power or remedy which Lenders and the Administrative Agent may have against the Credit Parties and the Guarantor pursuant to this Agreement or the other Credit Documents, or existing at law or in equity or otherwise. The rights, powers and remedies of Lenders and the Administrative Agent may be pursued singly, concurrently or otherwise, at such time and in such order as Lenders or the Administrative Agent may determine in their/its sole discretion. No delay or omission to exercise any remedy, right or power accruing upon an Event of Default shall impair any such remedy, right or power or shall be construed as a waiver thereof, but any such remedy, right or power may be exercised from time to time and as often as may be deemed expedient. A waiver of one Default or Event of Default with respect to any Credit Party or Guarantor shall not be construed to be a waiver of any subsequent Default or Event of Default by any Credit Party or Guarantor or to impair any remedy, right or power consequent thereon.

Appears in 1 contract

Samples: Credit Agreement (Toys R Us Inc)

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Remedies Cumulative; Waivers. The rights, powers and remedies of Lenders and the Administrative Agent under this Agreement and during the other Credit Documents continuance of an Event of Default shall be cumulative and not exclusive of any other right, power or remedy which Lenders and the Administrative Agent and/or Lender may have against the Credit Parties and the Guarantor Borrower pursuant to this Agreement or the other Credit Loan Documents, or existing at law or in equity or otherwise. The Agent’s and Lender’s rights, powers and remedies during the continuance of Lenders and the Administrative Agent an Event of Default may be pursued singlysingularly, concurrently or otherwise, at such time and in such order as Lenders Agent or the Administrative Agent Lender, as applicable, may determine in their/its their respective sole discretion. No delay or omission to exercise any remedy, right or power accruing upon during the continuance an Event of Default shall impair any such remedy, right or power or shall be construed as a waiver thereof, but any such remedy, right or power may be exercised from time to time and as often as may be deemed expedient. A waiver of one Default or Event of Default with respect to any Credit Party or Guarantor Borrower shall not be construed to be USActive 36631986.12 -141- a waiver of any subsequent Default or Event of Default by any Credit Party or Guarantor Borrower or to impair any remedy, right or power consequent thereon.

Appears in 1 contract

Samples: Building Loan Agreement (KBS Strategic Opportunity REIT, Inc.)

Remedies Cumulative; Waivers. The Subject to the terms of Article 13 hereof, the rights, powers and remedies of Lenders and the Administrative Agent and Lenders under this Agreement and the other Credit Documents shall be cumulative and not exclusive of any other right, power or remedy which Lenders and the Administrative Agent and Lenders may have against the Credit Parties and the Guarantor Borrower pursuant to this Agreement Agreement, the 120 Security Instrument, the Note or the other Credit Loan Documents, or existing at law or in equity or otherwise. The Administrative Agent’s and Lender’s rights, powers and remedies of Lenders and the Administrative Agent may be pursued singlysingularly, concurrently or otherwise, at such time and in such order as Lenders or the Administrative Agent and Lenders may determine in their/its their sole discretion. No delay or omission to exercise any remedy, right or power accruing upon an Event of Default shall impair any such remedy, right or power or shall be construed as a waiver thereof, but any such remedy, right or power may be exercised from time to time and as often as may be deemed expedient. A waiver of one Default or Event of Default with respect to any Credit Party or Guarantor Borrower shall not be construed to be a waiver of any subsequent Default or Event of Default by any Credit Party or Guarantor Borrower or to impair any remedy, right or power consequent thereon.

Appears in 1 contract

Samples: Loan Agreement (Cole Credit Property Trust III, Inc.)

Remedies Cumulative; Waivers. The Subject to the terms of Article 13 hereof, the rights, powers and remedies of Lenders and the Administrative Agent and Lenders under this Agreement and the other Credit Documents shall be cumulative and not exclusive of any other right, power or remedy which Lenders and the Administrative Agent and Lenders may have against the Credit Parties and the Guarantor Borrower pursuant to this Agreement Agreement, the Security Instrument, the Note or the other Credit Loan Documents, or existing at law or in equity or otherwise. The Administrative Agent’s and Lender’s rights, powers and remedies of Lenders and the Administrative Agent may be pursued singlysingularly, concurrently or otherwise, at such time and in such order as Lenders or the Administrative Agent and Lenders may determine in their/its their sole discretion. No delay or omission to exercise any remedy, right or power accruing upon an Event of Default shall impair any such remedy, right or power or shall be construed as a waiver thereof, but any such remedy, right or power may be exercised from time to time and as often as may be deemed expedient. A waiver of one Default or Event of Default with respect to any Credit Party or Guarantor Borrower shall not be construed to be a waiver of any subsequent Default or Event of Default by any Credit Party or Guarantor Borrower or to impair any remedy, right or power consequent thereon.

Appears in 1 contract

Samples: Loan Agreement (Cole Credit Property Trust III, Inc.)

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Remedies Cumulative; Waivers. The rights, powers and remedies of Lenders and the Administrative Agent and Lenders under this Agreement and the other Credit Documents shall be cumulative and not exclusive of any other right, power or remedy which Lenders and the Administrative Agent and Lenders may have against the Credit Parties and the Guarantor Borrower pursuant to this Agreement Agreement, the Security Instrument, the Note or the other Credit Loan Documents, or existing at law or in equity or otherwise. The Administrative Agent’s and Lender’s rights, powers and remedies of Lenders and the Administrative Agent may be pursued singlysingularly, concurrently or otherwise, at such time and in such order as Lenders or the Administrative Agent and Lenders may determine in their/its their sole discretion. No delay or omission to exercise any remedy, right or power accruing upon an Event of Default shall impair any such remedy, right or power or shall be construed as a waiver thereof, but any such remedy, right or power may be exercised from time to time and as often as may be deemed expedient. A waiver of one Default or Event of Default with respect to any Credit Party or Guarantor Borrower shall not be construed to be a waiver of any subsequent Default or Event of Default by any Credit Party or Guarantor Borrower or to impair any remedy, right or power consequent thereon.

Appears in 1 contract

Samples: Loan Agreement (Alexanders Inc)

Remedies Cumulative; Waivers. The rights, powers and remedies of Lenders and the Administrative Agent and each Lender under this Agreement and the other Credit Documents shall be cumulative and not exclusive of any other right, power or remedy which Lenders and the Administrative Agent or Lender may have against the Credit Parties and the Guarantor Borrower pursuant to this Agreement Agreement, the Security Instrument, the Note or the other Credit Loan Documents, or existing at law or in equity or otherwise. The Administrative Agent’s and Lxxxxx’s rights, powers and remedies of Lenders and the Administrative Agent may be pursued singlysingularly, concurrently or otherwise, at such time and in such order as Lenders or the Administrative Agent and/or Lender may determine in their/its Administrative Agent’s or Lxxxxx’s sole discretion. No delay or omission to exercise any remedy, right or power accruing upon an Event of Default shall impair any such remedy, right or power or shall be construed as a waiver thereof, but any such remedy, right or power may be exercised from time to time and as often as may be deemed expedient. A waiver of one Default or Event of Default with respect to any Credit Party or Guarantor Borrower shall not be construed to be a waiver of any subsequent Default or Event of Default by any Credit Party or Guarantor Borrower or to impair any remedy, right or power consequent thereon.

Appears in 1 contract

Samples: Loan Agreement (Industrial Logistics Properties Trust)

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