Common use of Remedies Cumulative; Waivers Clause in Contracts

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

Appears in 1 contract

Samples: Mezzanine Loan and Security Agreement (NRI Real Token Inc.)

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

Appears in 1 contract

Samples: Loan and Security Agreement (NRI Real Token Inc.)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Morgans Hotel Group Co.)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Strategic Hotels & Resorts, Inc)

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Remedies Cumulative; Waivers. The rights, powers and remedies of Administrative Agent and the Lenders under this Agreement and the Pledge Agreement Security Instrument shall be cumulative and not exclusive of any other right, power or remedy which Administrative Agent may have against Borrower pursuant to this Agreement or the other Loan Documents, or existing at law or in equity or otherwise. Administrative Agent’s rights, powers and remedies may be pursued singly, concurrently or otherwise, at such time and in such order as Administrative Agent may determine in Administrative Agent’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 Borrower, Guarantor or Guarantor any Transaction Party shall not be construed to be a waiver of any subsequent Default or Event of Default by Borrower Borrower, Guarantor or Guarantor any Transaction Party or to impair any remedy, right or power consequent thereon.. 138

Appears in 1 contract

Samples: Loan and Security Agreement (Strategic Hotels & Resorts, Inc)

Remedies Cumulative; Waivers. The rights, powers and remedies of Administrative Agent and the Lenders under this Agreement and the Pledge Agreement Security Instrument shall be cumulative and not exclusive of any other right, power or remedy which Administrative Agent may have against Borrower pursuant to this Agreement or the other Loan Documents, or existing at law or in equity or otherwise. Administrative Agent’s rights, powers and remedies may be pursued singly, concurrently or otherwise, at such time and in such order as Administrative Agent may determine in Administrative Agent’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 Borrower, Guarantor or Guarantor any Transaction Party shall not be construed to be a waiver of any subsequent Default or Event of Default by Borrower 128 Borrower, Guarantor or Guarantor any Transaction Party or to impair any remedy, right or power consequent thereon.

Appears in 1 contract

Samples: Loan and Security Agreement (Strategic Hotels & Resorts, Inc)

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