Common use of Remedies Cumulative; Waivers Clause in Contracts

Remedies Cumulative; Waivers. Subject to the terms of Article 13 hereof, the rights, powers and remedies of Administrative Agent and Lenders under this Agreement shall be cumulative and not exclusive of any other right, power or remedy which Administrative Agent and Lenders may have against Borrower pursuant to this Agreement, the Security Instrument, the Note or the other Loan Documents, or existing at law or in equity or otherwise. Administrative Agent’s and Lender’s rights, powers and remedies may be pursued singularly, concurrently or otherwise, at such time and in such order as Administrative Agent and Lenders may determine in 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 Borrower shall not be construed to be a waiver of any subsequent Default or Event of Default by 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. Subject to the terms of Article 13 hereof, the The rights, powers and remedies of Administrative Agent and Lenders each Lender under this Agreement shall be cumulative and not exclusive of any other right, power or remedy which Administrative Agent and Lenders or Lender may have against Borrower pursuant to this Agreement, the Security Instrument, the Note or the other Loan Documents, or existing at law or in equity or otherwise. Administrative Agent’s and LenderLxxxxx’s rights, powers and remedies may be pursued singularly, concurrently or otherwise, at such time and in such order as Administrative Agent and Lenders and/or Lender may determine in their 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 Borrower shall not be construed to be a waiver of any subsequent Default or Event of Default by Borrower or to impair any remedy, right or power consequent thereon.

Appears in 1 contract

Samples: Loan Agreement (Industrial Logistics Properties Trust)

Remedies Cumulative; Waivers. Subject to the terms of Article 13 hereof, the 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 Borrower the Credit Parties and the Guarantor pursuant to this Agreement, the Security Instrument, the Note Agreement or the other Loan Credit Documents, or existing at law or in equity or otherwise. Administrative Agent’s and Lender’s The rights, powers and remedies of Lenders and the Administrative Agent may be pursued singularlysingly, concurrently or otherwise, at such time and in such order as Lenders or the Administrative Agent and Lenders may determine in their 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 Borrower any Credit Party or Guarantor shall not be construed to be a waiver of any subsequent Default or Event of Default by Borrower 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)

Remedies Cumulative; Waivers. Subject to the terms of Article 13 hereof, the The rights, powers and remedies of Administrative Agent and Lenders under this Agreement shall be cumulative and not exclusive of any other right, power or remedy which Administrative Agent and Lenders may have against Borrower pursuant to this Agreement, the Security Instrument, the Note or the other Loan Documents, or existing at law or in equity or otherwise. Administrative Agent’s and Lender’s rights, powers and remedies may be pursued singularly, concurrently or otherwise, at such time and in such order as Administrative Agent and Lenders may determine in 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 Borrower shall not be construed to be a waiver of any subsequent Default or Event of Default by Borrower or to impair any remedy, right or power consequent thereon.

Appears in 1 contract

Samples: Loan Agreement (Alexanders Inc)

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Remedies Cumulative; Waivers. Subject to the terms of Article 13 hereof, the The rights, powers and remedies of Administrative Agent and Lenders under this Agreement during the continuance of an Event of Default shall be cumulative and not exclusive of any other right, power or remedy which Administrative Agent and Lenders and/or Lender may have against Borrower pursuant to this Agreement, the Security Instrument, the Note Agreement or the other Loan Documents, or existing at law or in equity or otherwise. Administrative Agent’s and Lender’s rights, powers and remedies during the continuance of an Event of Default may be pursued singularly, concurrently or otherwise, at such time and in such order as Administrative Agent and Lenders or Lender, as applicable, may determine in 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 Borrower shall not be construed to be USActive 36631986.12 -141- a waiver of any subsequent Default or Event of Default by Borrower or to impair any remedy, right or power consequent thereon.

Appears in 1 contract

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

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