Common use of Remedies Not Exclusive, etc Clause in Contracts

Remedies Not Exclusive, etc. (a) No remedy conferred upon or reserved to the Collateral Agent or any other Secured Creditor herein or in any Security Document or any Loan Document is intended to be exclusive of any other remedy or remedies, but every such remedy shall be cumulative and shall be in addition to every other remedy conferred herein or in any Security Document or any Loan Document or now or hereafter existing at law or in equity or otherwise. (b) No delay or omission by the Collateral Agent or any other Person to exercise any right, remedy or power hereunder or under any Security Document or any other Loan Document shall impair any such right, remedy or power or shall be construed to be a waiver thereof, and every right, power and remedy given by this Agreement, any Security Document or any other Loan Document to the Collateral Agent or any other Person may be exercised from time to time and as often as may be deemed expedient by the Collateral Agent or such other Person, as the case may be. (c) If the Collateral Agent or any other Person shall have proceeded to enforce any right, remedy or power under this Agreement or any Security Document or any other Loan Document and the proceeding for the enforcement thereof shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Collateral Agent, then each Credit Party, the Collateral Agent and the Secured Creditors shall, subject to any determination in such proceeding, severally and respectively be restored to their former positions and rights hereunder or thereunder in all respects and, subject to any determination in such proceeding, thereafter all rights, remedies and powers of the Collateral Agent and every other Person shall continue as though no such proceeding had been taken. (d) All rights of action and of asserting claims upon or under this Agreement and the Security Documents may be enforced by the Collateral Agent without the possession of any original or executed instrument evidencing or governing any Secured Obligation and without the production thereof at any trial or other proceeding relative to such claims, and any suit or proceeding instituted by the Collateral Agent shall be, subject to the provisions of this Agreement, brought in its name as Collateral Agent, and any recovery of judgment shall be held as part of the Collateral Account.

Remedies Not Exclusive, etc. (a) No remedy conferred upon or reserved to the Collateral Agent or any other Secured Creditor herein or in any Security Document or any Loan Document is intended to be exclusive of any other remedy or remedies, but every such remedy shall be cumulative and shall be in addition to every other remedy conferred herein or in any Security Document or any Loan Document or now or hereafter existing at law or in equity or otherwise. (ba) No delay or omission by the Collateral Agent or any other Person a Secured Creditor to exercise any right, remedy or power hereunder or under any Security Document or any other Loan Document shall impair any such right, remedy or power or shall be construed to be a waiver thereof, and every right, power and remedy given by this Agreement, any Security Document Agreement or any other Loan Document to the Collateral Agent or any other Person a Secured Creditor may be exercised from time to time and as often as may be deemed expedient by the Collateral Agent or such other Person, as the case may beSecured Creditor. (cb) If the Collateral Agent or any other Person a Secured Creditor shall have proceeded to enforce any right, remedy or power under this Agreement or any Security Document or any other Loan Document and the proceeding for the enforcement thereof shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Collateral AgentSecured Creditor, then each Credit Party, the Collateral Agent NWB and the Secured Creditors shall, subject to any determination in such proceeding, severally and respectively be restored to their former positions and rights hereunder or thereunder in all respects and, subject to any determination in such proceeding, thereafter all rights, remedies and powers of the Collateral Agent Secured Creditor and every other Person shall continue as though no such proceeding had been taken. (dc) All rights of action and of asserting claims upon or under this Agreement and the Security Loan Documents may be enforced by the Collateral Agent Secured Creditors without the possession of any original or executed instrument evidencing or governing any Secured Obligation and without the production thereof at any trial or other proceeding relative to such claims, and any suit or proceeding instituted by the Collateral Agent shall be, subject to the provisions of this Agreement, brought in its name as Collateral Agent, and any recovery of judgment shall be held as part of the Collateral Account.

Remedies Not Exclusive, etc. (a) No remedy conferred upon or reserved to the Collateral Agent or any other Secured Creditor Party herein or in any other Security Document or any Loan Document the Senior Credit Documents is intended to be exclusive of any other remedy or remedies, but every such remedy shall be cumulative and shall be in addition to every other remedy conferred herein or in any other Security Document or any Loan Senior Credit Document or now or hereafter existing at law or in equity or otherwise. (b) No delay or omission by the Collateral Agent or any other Person to exercise any right, remedy or power hereunder or under any other Security Document or any other Loan Senior Credit Document shall impair any such right, remedy or power or shall be construed to be a waiver thereof, and every right, power and remedy given by this Agreement, any other Security Document or any other Loan Senior Credit Document to the Collateral Agent or any other Person may be exercised from time to time and as often as may be deemed expedient by the Collateral Agent or such other Person, as the case may be. (c) If the Collateral Agent or any other Person shall have proceeded to enforce any right, remedy or power under this Agreement or any other Security Document or any other Loan Senior Credit Document and the proceeding for the enforcement thereof shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Collateral Agent, then each Credit PartyGrantor, the Collateral Agent and the Secured Creditors Parties shall, subject to any determination in such proceeding, severally and respectively be restored to their former positions and rights hereunder or thereunder in all respects and, subject to any determination in such proceeding, thereafter all rights, remedies and powers of the Collateral Agent and every other Person shall continue as though no such proceeding had been taken. (d) All rights of action and of asserting claims upon or under this Agreement and the other Security Documents may be enforced by the Collateral Agent without the possession of any original or executed instrument evidencing or governing any Secured Obligation and without the production thereof at any trial or other proceeding relative to such claims, and any suit or proceeding instituted by the Collateral Agent shall be, subject to the provisions of this Agreement, brought in its name as Collateral Agent, and any recovery of judgment shall be held as part of the Shared Collateral Account.

Remedies Not Exclusive, etc. (a) No remedy conferred upon or reserved to the Collateral Administrative Agent or any other Secured Creditor herein or in any the Security Document or any Loan Document Documents is intended to be exclusive of any other remedy or remedies, but every such remedy shall be cumulative and shall be in addition to every other remedy conferred herein or in any Security Document or any Loan Document or now or hereafter existing at law or in equity or otherwiseby statute. (b) No delay or omission by the Collateral Administrative Agent or any other Person to exercise any right, remedy or power hereunder or under any Security Document or any other Loan Document shall impair any such right, remedy or power or shall be construed to be a waiver thereof, and every right, power and remedy given by this Agreement, Agreement or any Security Document or any other Loan Document to the Collateral Administrative Agent or any other Person may be exercised from time to time and as often as may be deemed expedient by the Collateral Agent or such other Person, as the case may beAdministrative Agent. (c) If the Collateral Administrative Agent or any other Person shall have proceeded to enforce any right, remedy or power under this Agreement or any Security Document or any other Loan Document and the proceeding for the enforcement thereof shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Collateral Administrative Agent, then each Credit Partythe Grantors, the Collateral Administrative Agent and the Secured Creditors Parties shall, subject to any determination in such proceeding, severally and respectively be restored to their former positions and rights hereunder or thereunder with respect to the Collateral and in all respects andother respects, subject to any determination in such proceeding, and thereafter all rights, remedies and powers of the Collateral Administrative Agent and every other Person shall continue as though no such proceeding had been taken. (d) All To the extent permitted by applicable law, all rights of action and of asserting claims upon or under this Agreement and the Security Documents may be enforced by the Collateral Administrative Agent without the possession of any original Secured Instrument or executed instrument evidencing any Obligation or governing any Secured Obligation and without the production thereof at any trial or other proceeding relative to such claimsthereto, and any suit or proceeding instituted by the Collateral Administrative Agent shall be, subject to the provisions clause (ii) of this Agreementparagraph (b) of subsection 10.7 hereof, brought in its name as Collateral Agent, Administrative Agent and any recovery of judgment shall be held as part of the Collateral AccountCollateral.