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Common use of Remedies Not Exclusive Clause in Contracts

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Appears in 20 contracts

Samples: Credit Agreement (Valvoline Inc), Credit Agreement (Ashland Inc.), Credit Agreement (Norcraft Companies, Inc.)

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Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment of the Indebtedness and performance of the Obligations and to exercise all rights and powers under this Mortgage or under any of the other Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Indebtedness and Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect Mortgagee's right to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Mortgagee or to which either may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee. In no event shall Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by exercise of the Mortgagor under remedies provided in this Mortgage after (including, without limitation, in connection with the same become dueassignment of Rents, or the appointment of a receiver and the entry of such acceptance receiver on to all or any part of the Mortgaged Property), be deemed a "mortgagee in possession," and Mortgagee shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Appears in 10 contracts

Samples: Mortgage, Assignment of Rent & Security Agreement (Day International Group Inc), Mortgage Assignment of Rents and Leases, Security Agreement and Fixture Filing (Ev International Inc), Mortgage, Assignment of Rent & Security Agreement (Day International Group Inc)

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment of the Indebtedness and performance of the Obligations and to exercise all rights and powers under this Mortgage or under any of the other Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Indebtedness and Obligations may now or hereafter be otherwise secured, whether by mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect Mortgagee's right to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Mortgagee or to which it may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee. In no event shall Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by exercise of the Mortgagor under remedies provided in this Mortgage after (including, without limitation, in connection with the same become dueassignment of Rents to Mortgagee, or the appointment of a receiver and the entry of such acceptance receiver on to all or any part of the Mortgaged Property), be deemed a "mortgagee in possession," and Mortgagee shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Appears in 9 contracts

Samples: Deed to Secure Debt (Harland Financial Solutions, Inc.), Mortgage (Harland Financial Solutions, Inc.), Mortgage (Harland Financial Solutions, Inc.)

Remedies Not Exclusive. No right, power or remedy herein conferred upon or reserved to the Mortgagee by this Mortgage Holder is intended to be exclusive of any other right, power or remedy or remedies, and each and every such right, power and remedy shall shall, to the extent permitted by Applicable Law, be cumulative and shall be in addition to every other right, power or remedy given under this Mortgage hereunder or now or hereafter existing at law law, in equity or by statute. The Holder shall have the power to waive any Default or Event of Default, provided such waiver is obtained in equityaccordance with Article 14, and shall not constitute a waiver of any other or subsequent Default or Event of Default. Any No delay or omission of the Mortgagee to Holder or Holders in the exercise of any right right, power or power remedy accruing on upon any Default or Event of Default shall not impair any such right right, power or power and remedy or shall not be construed to be a waiver of or acquiescence in any such Default or Event of DefaultDefault or an acquiescence therein. Every right, power and remedy given to the Holder by this Mortgage Debenture or under Applicable Law may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee Holder. In case the Holder shall have proceeded to enforce any right under this Debenture and the proceedings for the enforcement thereof shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Holder, then and in every such case, the Corporation and the Holder shall, without any further action hereunder, to the full extent permitted by Applicable law, subject to any determination in such order proceedings, severally and manner as the Mortgageerespectively, in its sole discretionbe restored to their former positions and rights hereunder and thereafter all rights, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver remedies and powers of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, Holder shall continue as though no such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on accountproceeding had been taken.

Appears in 8 contracts

Samples: Convertible Debenture (Cedara Software Corp), Convertible Debenture (Cedara Software Corp), Unsecured Subordinated Convertible Debenture (Cedara Software Corp)

Remedies Not Exclusive. Beneficiary and Trustee shall be entitled to enforce payment of the Indebtedness and performance of the Obligations and to exercise all rights and powers under this Deed of Trust or under any of the other Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Indebtedness and Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, shall prejudice or in any manner affect Beneficiary's or Trustee's right to realize upon or enforce any other security now or hereafter held by Beneficiary or Trustee, it being agreed that Beneficiary and Trustee shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as Beneficiary may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage Trustee or Beneficiary is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Beneficiary or Trustee or to which either may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner Beneficiary or Trustee, as the Mortgageecase may be. In no event shall Beneficiary or Trustee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver exercise of the right either remedies provided in this Deed of Trust (including, without limitation, in connection with the assignment of Rents, or the appointment of a receiver and the entry of such receiver on to require prompt paymentall or any part of the Trust Property), when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only a "mortgagee in possession," and on neither Beneficiary nor Trustee shall in any way be made liable for any act, either of commission or omission, in connection with the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Appears in 7 contracts

Samples: Deed of Trust, Assignment of Rents and Leases and Security Agreement (Ev International Inc), Deed of Trust (Ev International Inc), Credit Agreement (Bear Island Finance Co Ii)

Remedies Not Exclusive. No remedy conferred upon or ---------------------- reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s 's failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Appears in 6 contracts

Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Raceland Truck Plaza & Casino LLC), Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Raceland Truck Plaza & Casino LLC), Leasehold Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Raceland Truck Plaza & Casino LLC)

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee to exercise any right or power accruing on any upon the occurrence of an Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies moneys required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies moneys required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s 's failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Appears in 6 contracts

Samples: Mortgage, Assignment of Leases, Security Agreement and Fixture Filing (Blue Steel Capital Corp), Mortgage, Assignment of Leases, Security Agreement and Fixture Filing (Blue Steel Capital Corp), Mortgage, Assignment of Leases, Security Agreement and Fixture Filing (Blue Steel Capital Corp)

Remedies Not Exclusive. (a) No remedy conferred upon or reserved to the Mortgagee by this Mortgage Collateral Trustees herein or in any of the Security Documents is intended to be exclusive of any other remedy or remedies, and each and but every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage conferred herein or in any of the Security Documents or now or hereafter existing at law or in equity. Any equity or by statute. (b) No delay or omission of or by the Mortgagee Collateral Trustees to exercise any right right, remedy or power accruing on upon receipt of any Event Notice of Actionable Default shall not impair any such right right, remedy or power and or shall not be construed to be a waiver of thereof or an acquiescence therein; and, subject in any such Event of Default. Every all respects to Section 2.1(b), 2.2, 2.3 and 2.6, every right, power and remedy given by this Mortgage Agreement or any Security Document to the Collateral Trustees may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee Collateral Trustees. (c) In case the Collateral Trustees shall have proceeded to enforce any right, remedy or power under this Agreement or any Security 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 Trustees, then and in every such case the Borrower, the other Loan Parties, the Collateral Trustees and the Secured Parties shall, subject to any effect of or determination in such order proceeding, severally and manner respectively be restored to their former positions and rights hereunder and under such Security Document with respect to the Collateral Trust Estate and in all other respects, and thereafter all rights, remedies and powers of the Collateral Trustees shall continue as though no such proceeding had been taken. (d) All rights of action and rights to assert claims upon or under this Agreement and the Mortgagee, in its sole discretion, Security Documents may elect. If the Mortgagee accepts any monies required to be paid enforced by the Mortgagor under this Mortgage after Collateral Trustees without the same become duepossession of any Debt Instrument or the production thereof in any trial or other proceeding relative thereto, and any such acceptance suit or proceeding instituted by the Collateral Trustees may be brought in either of their names as Collateral Trustee and any recovery of judgment shall not constitute a waiver be held as part of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on accountCollateral Trust Estate.

Appears in 5 contracts

Samples: Collateral Trust Agreement (CONSOL Energy Inc), Collateral Trust Agreement (CNX Gas Corp), Credit Agreement (Consol Energy Inc)

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment of the Obligations and performance of the Obligations and to exercise all rights and powers under this Mortgage or under any of the other Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect Mortgagee’s right to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Mortgagee or to which Mortgagee may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the case may be. To the extent permitted by applicable law, in no event shall Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by exercise of the Mortgagor under remedies provided in this Mortgage after (including, without limitation, in connection with the same become dueassignment of Rents to Mortgagee, or the appointment of a receiver and the entry of such acceptance receiver on to all or any part of the Mortgaged Property), be deemed a “Mortgagee in possession,” and Mortgagee shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Appears in 4 contracts

Samples: Credit Agreement (Sprague Resources LP), Credit Agreement (Sprague Resources LP), Credit Agreement (Sprague Resources LP)

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment of the Obligations and performance of the Obligations and to exercise all rights and powers under this Mortgage or under any of the other Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect Mortgagee’s right to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Mortgagee or to which either may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the case may be. In no event shall Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by exercise of the Mortgagor under remedies provided in this Mortgage after (including, without limitation, in connection with the same become dueassignment of Rents to Mortgagee, or the appointment of a receiver and the entry of such acceptance receiver on to all or any part of the Mortgaged Property), be deemed a “mortgagee in possession,” and Mortgagee shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Appears in 3 contracts

Samples: Credit Agreement (Delek US Holdings, Inc.), Credit Agreement (Delek US Holdings, Inc.), Credit Agreement (Delek US Holdings, Inc.)

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee or any Lender accepts any monies required to be paid by the Mortgagor under this Mortgage or any other Loan Document after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee or any Lender accepts any monies required to be paid by the Mortgagor under this Mortgage or any other Loan Document in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Appears in 3 contracts

Samples: Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.)

Remedies Not Exclusive. The Beneficiary shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Deed of Trust or other agreement or any laws now or hereafter in force, notwithstanding that some or all of the Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, security deed, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the powers herein contained, shall prejudice or in any manner affect the Beneficiary's right to realize upon or enforce any other security now or hereafter held by the Beneficiary, it being agreed that the Beneficiary shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by the Beneficiary in such order and manner as it may in its absolute and sole discretion and election determine. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage Beneficiary is intended to be exclusive of any other remedy herein or remediesin any of the other Secured Debt Agreements or by law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage to which the Beneficiary is entitled may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order Beneficiary, and manner the Beneficiary may pursue inconsistent remedies. No delay or omission of the Beneficiary to exercise any right or power accruing upon any Event of Default shall impair any right or power or shall be construed as the Mortgagee, in its sole discretion, may electa waiver of any Event of Default or any acquiescence therein. If the Mortgagee accepts Beneficiary shall have proceeded to invoke any monies required right or remedy hereunder or under any other Secured Debt Agreement, and shall thereafter elect to be paid by discontinue or abandon it for any reason, the Mortgagor under this Mortgage after Beneficiary shall have the same become dueunqualified right to do so and, in such acceptance shall not constitute a waiver an event, the rights and remedies of the Beneficiary shall continue as if such right either to require prompt paymentor remedy had never been invoked, when due, of all other sums secured by this Mortgage but no such discontinuance or to declare an abandonment shall waive any Event of Default with regard to subsequent defaults. If which may then exist or the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver right of the obligation Beneficiary thereafter to exercise any right or remedy under the Secured Debt Agreements for such Event of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on accountDefault.

Appears in 3 contracts

Samples: Deed of Trust (Rj Reynolds Tobacco Holdings Inc), Deed of Trust (Rj Reynolds Tobacco Holdings Inc), Deed of Trust (Rj Reynolds Tobacco Holdings Inc)

Remedies Not Exclusive. No remedy conferred action for the enforcement of the lien or any provision hereof shall be subject to any defense which would not be good and available to the party interposing same in an action at law upon the Note. Beneficiary shall be entitled to enforce payment and performance of any of the Secured Obligations and to exercise all rights and powers under this Deed of Trust or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Secured Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or other powers herein contained, shall prejudice or in any manner affect Beneficiary's right to realize upon or reserved enforce any other security now or hereafter held by Beneficiary, it being agreed that Beneficiary shall be entitled to the Mortgagee by enforce this Mortgage is intended to be exclusive Deed of Trust and any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equityequity or by statute. Any delay or omission No waiver of any default of the Mortgagee Trustor hereunder shall be implied from any omission by Beneficiary to exercise take any right action on account of such default if such default persists or power accruing on is repeated, and no express waiver shall affect any Event default other than the default specified in the express waiver and that only for the time and to the extent therein stated. No acceptance of any payment of any one or more delinquent installments which does not include interest at the Default Rate from the date of delinquency, together with any required late charge, shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver of the right either of Beneficiary at any time thereafter to require prompt paymentdemand and collect payment of interest at such Default Rate or of late charges, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on accountif any.

Appears in 3 contracts

Samples: Deed of Trust, Security Agreement, Fixture Filing and Financing Statement (Glimcher Realty Trust), Deed of Trust, Security Agreement, Fixture Filing and Financing Statement (Glimcher Realty Trust), Deed of Trust, Security Agreement, Fixture Filing and Financing Statement (Glimcher Realty Trust)

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee Beneficiary by this Mortgage Deed of Trust is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage Deed of Trust or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee Beneficiary to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage Deed of Trust may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee Beneficiary in such order and manner as the MortgageeBeneficiary, in its sole discretion, may elect. If the Mortgagee Beneficiary accepts any monies required to be paid by the Mortgagor Grantor under this Mortgage Deed of Trust after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage Deed of Trust or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee Beneficiary accepts any monies required to be paid by the Mortgagor Grantor under this Mortgage Deed of Trust in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor Grantor to pay the entire sum then due, and the MortgagorGrantor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Appears in 3 contracts

Samples: Deed of Trust (Jacobs Entertainment Inc), Credit Line Deed of Trust (Jacobs Entertainment Inc), Credit Line Deed of Trust (Jacobs Entertainment Inc)

Remedies Not Exclusive. No remedy conferred action for the enforcement of the lien or any provision hereof shall be subject to any defense which would not be good and available to the party interposing same in an action at law upon the Note. Mortgagee shall be entitled to enforce payment and performance of any of the Secured Obligations and to exercise all rights and powers under this Mortgage or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Secured Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, whether by court action or other powers herein contained, shall prejudice or in any manner affect Mortgagee's right to realize upon or reserved enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to the Mortgagee by enforce this Mortgage is intended to be exclusive of and any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equityequity or by statute. Any delay or omission No waiver of any default of the Mortgagor hereunder shall be implied from any omission by Mortgagee to exercise take any right action on account of such default if such default persists or power accruing on is repeated, and no express waiver shall affect any Event default other than the default specified in the express waiver and that only for the time and to the extent therein stated. No acceptance of any payment of any one or more delinquent installments which does not include interest at the Default Rate from the date of delinquency, together with any required late charge, shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver of the right either of Mortgagee at any time thereafter to require prompt paymentdemand and collect payment of interest at such Default Rate or of late charges, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on accountif any.

Appears in 3 contracts

Samples: Mortgage, Security Agreement, Fixture Filing and Financing Statement (Glimcher Realty Trust), Mortgage, Security Agreement and Financing Statement (Glimcher Realty Trust), Deed to Secure Debt and Security Agreement (Glimcher Realty Trust)

Remedies Not Exclusive. The Mortgagee shall be entitled to enforce payment of the indebtedness and performance of the Indebtedness and to exercise all rights and powers under this Mortgage or under any of the other Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Indebtedness may now or hereafter be otherwise secured, whether by deed of trust, deed to secure debt, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect the Mortgagee’s right to realize upon or enforce any other security now or hereafter held by the Mortgagee, it being agreed that the Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by the Mortgagee in such order and manner as the Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to the Mortgagee or to which they may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as Mortgagee. In no event shall the Mortgagee, in its sole discretionthe exercise of the remedies provided in this Mortgage (including, may elect. If without limitation, in connection with the assignment of Rents to the Mortgagee, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a “mortgagee in possession,” and the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Appears in 3 contracts

Samples: Fee and Leasehold Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing (Broadwind Energy, Inc.), Open End Fee and Leasehold Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing (Broadwind Energy, Inc.), Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing (Broadwind Energy, Inc.)

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee Beneficiary by this Mortgage Deed of Trust is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage Deed of Trust or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee Beneficiary to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage Deed of Trust may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee Beneficiary in such order and manner as the MortgageeBeneficiary, in its sole discretion, may elect. If the Mortgagee Beneficiary accepts any monies required to be paid by the Mortgagor Trustor under this Mortgage Deed of Trust after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage Deed of Trust or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee Beneficiary accepts any monies required to be paid by the Mortgagor Trustor under this Mortgage Deed of Trust in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor Trustor to pay the entire sum then due, and the MortgagorTrustor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Appears in 2 contracts

Samples: Credit Agreement (Gsi Group Inc), Deed of Trust (Great Wolf Lodge of Grapevine, LLC)

Remedies Not Exclusive. No remedy conferred upon ---------------------- or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s 's failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Appears in 2 contracts

Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Raceland Truck Plaza & Casino LLC), Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Raceland Truck Plaza & Casino LLC)

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee Beneficiary by this Mortgage Deed of Trust is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage Deed of Trust or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee Beneficiary to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage Deed of Trust may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee Beneficiary in such order and manner as the MortgageeBeneficiary, in its sole discretion, may elect. If the Mortgagee Beneficiary accepts any monies required to be paid by the Mortgagor Grantor under this Mortgage Deed of Trust after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage Deed of Trust or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee Beneficiary accepts any monies required to be paid by the Mortgagor Grantor under this Mortgage Deed of Trust in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor Grantor to pay the entire sum then due, and the Mortgagor’s Grantor's failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Appears in 2 contracts

Samples: Credit Line Deed of Trust (Jacobs Entertainment Inc), Credit Line Deed of Trust (Jalou Cashs LLC)

Remedies Not Exclusive. Lender shall be entitled to enforce payment and performance of any Obligations and to exercise all rights and powers under this Mortgage or under any Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Lender's right to realize upon or enforce any other security now or hereafter held by Lender, it being agreed that Lender shall be entitled to enforce this Mortgage and any other security now or hereafter held by Lender in such order and manner as it may in its absolute discretion determine. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage Lender is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Lender, or to which Lender may be exercised otherwise entitled, may be exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, Lender. Lender may electpursue inconsistent remedies. If the Mortgagee accepts The acceptance by Lender of any monies required to be paid by the Mortgagor under this Mortgage sum after the same become due, such acceptance is due shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums hereby secured by this Mortgage or to declare an a subsequent Event of Default with regard to subsequent defaultsas herein provided. If the Mortgagee accepts The acceptance by Lender of any monies required to be paid by the Mortgagor under this Mortgage sum in an amount less than the sum then due, such acceptance due shall be deemed an acceptance on account only and on the upon condition that it shall not constitute a waiver of the obligation of the Mortgagor Borrower to pay the entire sum then due, and the Mortgagor’s failure of Borrower to pay the such entire sum then due shall be and continue to be a default hereunder an Event of Default, notwithstanding such acceptance of such amount on account, as aforesaid. Lender shall be, at all times thereafter and until the entire sum then due as contemplated by the Loan Documents shall have been paid, and notwithstanding the acceptance by Lender thereafter of further sums on account, or otherwise, entitled to exercise all rights in this instrument conferred upon them or either of them, and the right to proceed with a sale under any notice of default, or an election to sell, or the right to exercise any other rights or remedies hereunder, shall in no way be impaired, whether any of such amounts are received prior or subsequent to such proceeding, election or exercise. Consent by Lender to any action or inaction of Borrower which is subject to consent or approval of Lender hereunder shall not be deemed a waiver of the right to require such consent or approval to future or successive actions or inactions.

Appears in 2 contracts

Samples: Mortgage, Assignment of Rents and Leases, Security Agreement and Fixture Filing (Eaco Corp), Mortgage, Assignment of Rents and Leases, Security Agreement and Fixture Filing (Family Steak Houses of Florida Inc)

Remedies Not Exclusive. (a) No remedy conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s 's failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account. (b) The word "sale" as used in this Article XI with respect to the Mortgaged Leases shall mean the sale, transfer, assignment or conveyance for value of the leasehold interest of the Mortgagor in the Mortgaged Leases, together with all of the Mortgagor's right, title and interest in and to the other items comprising the Mortgaged Property.

Appears in 2 contracts

Samples: Indenture (Trump Indiana Inc), Indenture (Trump Indiana Inc)

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment and performance of any Obligations and to exercise all rights and powers under this Mortgage or under any Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Mortgagee's right to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as it may in its absolute discretion determine. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Mortgagee, or to which Mortgagee may be exercised otherwise entitled, may be exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee. Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may electpursue inconsistent remedies. If the The acceptance by Mortgagee accepts of any monies required to be paid by the Mortgagor under this Mortgage sum after the same become due, such acceptance is due shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums hereby secured by this Mortgage or to declare an a subsequent Event of Default with regard to subsequent defaultsas herein provided. If the The acceptance by Mortgagee accepts of any monies required to be paid by the Mortgagor under this Mortgage sum in an amount less than the sum then due, such acceptance due shall be deemed an acceptance on account only and on the upon condition that it shall not constitute a waiver of the obligation of the Mortgagor Debtor to pay the entire sum then due, and the Mortgagor’s failure of Debtor to pay such entire sum then due as contemplated by Section 4.01(b) shall be an Event of Default, notwithstanding such acceptance of such amount on account, as aforesaid. Mortgagee shall be, at all times thereafter and until the entire sum then due shall have been paid, and notwithstanding the acceptance by Mortgagee thereafter of further sums on account, or otherwise, entitled to exercise all rights in this instrument conferred upon them or either of them, and the right to proceed with a sale under any notice of default, or an election to sell, or the right to exercise any other rights or remedies hereunder, shall in no way be and continue to be a default hereunder notwithstanding acceptance impaired, whether any of such amount on accountamounts are received prior or subsequent to such proceeding, election or exercise. Consent by Mortgagee to any action or inaction of Debtor which is subject to consent or approval of Mortgagee hereunder shall not be deemed a waiver of the right to require such consent or approval to future or successive actions or inactions.

Appears in 2 contracts

Samples: Mortgage, Assignment of Rents and Leases, Security Agreement and Fixture Filing (Family Steak Houses of Florida Inc), Mortgage, Assignment of Rents and Leases, Security Agreement and Fixture Filing (Family Steak Houses of Florida Inc)

Remedies Not Exclusive. The Beneficiary will be entitled to enforce payment and performance of any Obligations and to exercise all rights and powers under this Deed of Trust, any Loan Documents, or any laws now or in the future in force, notwithstanding some or all of the Obligations which may now or in the future be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment. Or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other powers contained in this Deed of Trust, will prejudice or in any manner affect the Beneficiary’s right to realize upon or enforce any other security now or in the future held by the Beneficiary. Beneficiary will be entitled to enforce this Deed of Trust and any other security now or in the future held by the Beneficiary in any order and manner as it may in its absolute discretion determine. No remedy conferred upon or reserved to the Mortgagee Beneficiary by this Mortgage Deed of Trust is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage Deed of Trust or now or hereafter in the future existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to the Beneficiary, or to which the Beneficiary may be exercised otherwise entitled, may be exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, Beneficiary. The Beneficiary may electpursue inconsistent remedies. If the Mortgagee accepts any monies required to be paid The acceptance by the Mortgagor under this Mortgage Beneficiary of any sum after the same become due, such acceptance shall amounts are due will not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage Deed of Trust or to declare an Event a default as provided under this Deed of Default with regard to subsequent defaultsTrust. If the Mortgagee accepts any monies required to be paid The acceptance by the Mortgagor under this Mortgage Beneficiary of any sum in an amount less than the sum then due, such acceptance shall due will be deemed an acceptance on account only and only on the condition (whether expressed or not) that it shall Beneficiary’s acceptance will not constitute a waiver of the obligation of the Mortgagor Trustor to pay the entire sum then due, and . Any failure of the Mortgagor’s failure Trustor to pay the entire sum then due shall will be and continue to be a default hereunder an Event of Default notwithstanding any acceptance of such any lesser amount on account. Until all of the amounts due under this Deed of Trust or any of the other Loan Documents are paid in full, the Beneficiary and Trustee, notwithstanding either of their acceptance of any amounts on account or any future amounts on account, are entitled to exercise any and all rights described in this Deed of Trust, and none of those rights will be impaired or eliminated by any acceptance of any amounts on account. Consent by the Beneficiary to any action or inaction of the Trustor which is subject to consent or approval of the Beneficiary will not be deemed a waiver of the right to require the consent or approval to future or successive actions or inactions.

Appears in 2 contracts

Samples: Deed of Trust, Security Agreement, Assignment of Rents and Leases, and Fixture Filing, Deed of Trust, Security Agreement, Assignment of Rents and Leases, and Fixture Filing (Quest Software Inc)

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee Beneficiary by this Mortgage Deed to Secure Debt is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage Deed to Secure Debt or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee Beneficiary to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage Deed to Secure Debt may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee Beneficiary in such order and manner as the MortgageeBeneficiary, in its sole discretion, may elect. If the Mortgagee Beneficiary accepts any monies moneys required to be paid by the Mortgagor Grantor under this Mortgage Deed to Secure Debt after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage Deed to Secure Debt or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee Beneficiary accepts any monies moneys required to be paid by the Mortgagor Grantor under this Mortgage Deed to Secure Debt in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor Grantor to pay the entire sum then due, and the Mortgagor’s Grantor's failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Appears in 2 contracts

Samples: Credit Agreement (Carson Inc), Credit Agreement (Carson Inc)

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s 's failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Appears in 2 contracts

Samples: Credit Agreement (Ionics Inc), Credit Agreement (SFBC International Inc)

Remedies Not Exclusive. No remedy conferred upon or reserved to The cumulative rights of Beneficiary arising under the Mortgagee by clauses and covenants contained in this Mortgage is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be separate, distinct and cumulative and none of them shall be in addition to every other remedy given under this Mortgage or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver exclusive or an election to proceed under any one provision herein to the exclusion of any other provision, anything herein or acquiescence in otherwise to the contrary notwithstanding. In addition to any such remedies provided herein for an Event of Default hereunder, Beneficiary shall have all other remedies allowed under the laws of the State of South Carolina, and the laws of the United States. No failure on the part of Beneficiary to exercise any of its rights hereunder arising upon any Default shall be construed to prejudice its rights in the event of any other or subsequent Default. Every power and remedy given by this Mortgage No delay on the part of Beneficiary in exercising any of such rights shall be construed to preclude it from the exercise thereof at any time during the continuance of such Default. Beneficiary may be exercised from time to time concurrently enforce any one or independently, when and as often as may be deemed expedient by the Mortgagee more remedies or rights hereunder in such order and manner as the Mortgageeit may determine, in successively or concurrently at its sole discretionoption. By accepting payment or partial payment of any sums secured hereby after its due date, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance Beneficiary shall not constitute a waiver make an accommodation or thereby waive the agreement herein contained that time is of the essence, nor shall Beneficiary waive either any of its remedies or options or its right either to require prompt payment, payment when due, due of all other sums secured by Secured Obligations or to consider failure so to pay a Default hereunder. Neither the acceptance of this Mortgage nor its enforcement, whether by court action or pursuant to declare an Event of Default with regard other powers herein contained, shall prejudice or in any manner affect Beneficiary's right to subsequent defaults. If the Mortgagee accepts realize upon or enforce any monies required to be paid other security now or hereafter held by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on accountBeneficiary.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Texfi Industries Inc)

Remedies Not Exclusive. The Beneficiary shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Deed of Trust or other agreement or any laws now or hereafter in force, notwithstanding that some or all of the Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, security deed, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the powers herein contained, shall prejudice or in any manner affect the Beneficiary’s right to realize upon or enforce any other security now or hereafter held by the Beneficiary, it being agreed that the Beneficiary shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by the Beneficiary in such order and manner as it may in its absolute and sole discretion and election determine. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage Beneficiary is intended to be exclusive of any other remedy herein or remediesin any of the other Secured Debt Agreements or by law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every Amended and Restated Deed of Trust — ______ County, NC power and or remedy given by this Mortgage to which the Beneficiary is entitled may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order Beneficiary, and manner the Beneficiary may pursue inconsistent remedies. No delay or omission of the Beneficiary to exercise any right or power accruing upon any Event of Default shall impair any right or power or shall be construed as the Mortgagee, in its sole discretion, may electa waiver of any Event of Default or any acquiescence therein. If the Mortgagee accepts Beneficiary shall have proceeded to invoke any monies required right or remedy hereunder or under any other Secured Debt Agreement, and shall thereafter elect to be paid by discontinue or abandon it for any reason, the Mortgagor under this Mortgage after Beneficiary shall have the same become dueunqualified right to do so and, in such acceptance shall not constitute a waiver an event, the rights and remedies of the Beneficiary shall continue as if such right either to require prompt paymentor remedy had never been invoked, when due, of all other sums secured by this Mortgage but no such discontinuance or to declare an abandonment shall waive any Event of Default with regard to subsequent defaults. If which may then exist or the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver right of the obligation Beneficiary thereafter to exercise any right or remedy under the Secured Debt Agreements for such Event of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on accountDefault.

Appears in 1 contract

Samples: Deed of Trust (Reynolds American Inc)

Remedies Not Exclusive. Lender shall be entitled to enforce payment and performance of any Obligations and to exercise all rights and powers under this Deed of Trust or under any Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Lender’s right to realize upon or enforce any other security now or hereafter held by Lender, it being agreed that Lender shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Lender in such order and manner as it may in its absolute discretion determine. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage Lender is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Lender, or to which Lender may be exercised otherwise entitled, may be exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, Lender. Lender may electpursue inconsistent remedies. If the Mortgagee accepts The acceptance by Lender of any monies required to be paid by the Mortgagor under this Mortgage sum after the same become due, such acceptance is due shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums hereby secured by this Mortgage or to declare an a subsequent Event of Default with regard to subsequent defaultsas herein provided. If the Mortgagee accepts The acceptance by Lender of any monies required to be paid by the Mortgagor under this Mortgage sum in an amount less than the sum then due, such acceptance due shall be deemed an acceptance on account only and on the upon condition that it shall not constitute a waiver of the obligation of the Mortgagor Borrower to pay the entire sum then due, and the Mortgagor’s failure of Borrower to pay the such entire sum then due shall be and continue to be a default hereunder an Event of Default, notwithstanding such acceptance of such amount on account, as aforesaid. Lender or Trustee shall be, at all times thereafter and until the entire sum then due as contemplated by the Loan Documents shall have been paid, and notwithstanding the acceptance by Lender thereafter of further sums on account, or otherwise, entitled to exercise all rights in this instrument conferred upon them or either of them, and the right to proceed with a sale under any notice of default, or an election to sell, or the right to exercise any other rights or remedies hereunder, Xxxxxxxx Xx. 00000 GE No. 8004-3736 Dunn, North Carolina shall in no way be impaired, whether any of such amounts are received prior or subsequent to such proceeding, election or exercise. Consent by Lender to any action or inaction of Borrower which is subject to consent or approval of Lender hereunder shall not be deemed a waiver of the right to require such consent or approval to future or successive actions or inactions.

Appears in 1 contract

Samples: Deed of Trust (Jameson Inns Inc)

Remedies Not Exclusive. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be is in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equityequity or by statute. Any delay Section 810 Delays and Omissions Not to Impair Rights. No delays or omission in respect of the Mortgagee to exercise exercising any right or power accruing on upon any Event of Default default shall not impair any such right or power and shall not be construed to or be a waiver of or acquiescence in any such Event of Default. Every power default, and every remedy given by this Mortgage Article VIII may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient expedient. Section 811 Application of Moneys in Event of Default. Any moneys received by the Mortgagee Trustee under this Article VIII shall be applied in such order the following order; provided that any moneys received by the Trustee from a drawing under the Credit Facility shall be applied to the extent permitted by the terms thereof only as provided in clause (b) below with respect to the principal of, and manner interest accrued on, Bonds other than Bonds held by or for the Company: (a) To the payment of the reasonable costs of the Trustee, including counsel fees, any disbursements of the Trustee with interest thereon at the Trustee's prime rate per annum and its reasonable compensation; and (b) To the payment of principal or redemption price (as the Mortgageecase may be) and interest on the Bonds, and in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, case such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance moneys shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor insufficient to pay the entire sum same in full, then dueto the payment of principal or redemption price and interest ratably, and the Mortgagor’s failure to pay the entire sum then due without preference or priority of one over another or of any installment of interest over any other installment of interest. The surplus, if any, shall be and continue paid to the Company, or the person lawfully entitled to receive the same as a court of competent jurisdiction may direct; provided that, if the Trustee has received payments under the Credit Facility following the Event of Default, the surplus shall be a default hereunder notwithstanding acceptance paid to the Credit Facility Issuer to the extent of such amount on accountpayments.

Appears in 1 contract

Samples: Trust Indenture (Performance Food Group Co)

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s or Agency’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Appears in 1 contract

Samples: Credit Agreement (Gsi Group Inc)

Remedies Not Exclusive. (a) No remedy conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.subsequent

Appears in 1 contract

Samples: First Fee and Leasehold Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Trump Indiana Inc)

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Mortgage or under any of the other Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by Mortgage, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect Mortgagee’s rights to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Documents to Mortgagee or to which Mortgagee may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner Mortgagee, as the case may be. In no event shall Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by exercise of the Mortgagor under remedies provided in this Mortgage after (including, without limitation, in connection with the same become dueassignment of Leases and Rents to Mortgagee, or the appointment of a receiver and the entry of such acceptance receiver on to all or any part of the Mortgaged Property), be deemed a “Mortgagee in possession,” and Mortgagee shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Appears in 1 contract

Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Presstek Inc /De/)

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee Bank by this Mortgage Loan Agreement is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage Loan Agreement or in any other Loan Document or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee Bank to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage Loan Agreement or in any other Loan Document may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may electBank. If the Mortgagee Bank accepts any monies moneys required to be paid by the Mortgagor Borrower under this Mortgage Loan Agreement after the same become becomes due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage the Loan Documents or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee Bank accepts any monies moneys required to be paid by the Mortgagor Borrower under this Mortgage Loan Agreement in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor Borrower to pay the entire sum then due, and the Mortgagor’s Borrower's failure to pay the entire sum then due shall be and continue to be a default hereunder an Event of Default notwithstanding acceptance of such amount on account.

Appears in 1 contract

Samples: Loan Agreement (Freedom Financial Corporation/In/)

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee Beneficiary and/or Trustee by this Mortgage Deed of Trust is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage Deed of Trust or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee Beneficiary or Trustee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage Deed of Trust may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee Beneficiary in such order and manner as the MortgageeBeneficiary, in its sole discretion, may elect. If the Mortgagee Beneficiary accepts any monies required to be paid by the Mortgagor Grantor under this Mortgage Deed of Trust after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage Deed of Trust or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee Beneficiary accepts any monies required to be paid by the Mortgagor Grantor under this Mortgage Deed of Trust in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor Grantor to pay the entire sum then due, and the Mortgagor’s Grantor's failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Appears in 1 contract

Samples: Credit Agreement (Norcraft Companies Lp)

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this his Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies moneys required to be paid by the Mortgagor under this Mortgage after the same become becomes due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies moneys required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s 's failure to pay the entire sum then due shall be and continue to be a default hereunder an Event of Default notwithstanding acceptance of such amount on account.

Appears in 1 contract

Samples: Credit Agreement (American Standard Companies Inc)

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee Trustee or Beneficiary by this Mortgage Deed of Trust is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage Deed of Trust or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee Trustee or Beneficiary to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage Deed of Trust may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee Trustee or Beneficiary in such order and manner as the MortgageeTrustee or Beneficiary, in its sole discretion, may elect. If the Mortgagee Trustee or Beneficiary accepts any monies moneys required to be paid by the Mortgagor Grantor under this Mortgage Deed of Trust after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage Deed of Trust or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee Beneficiary accepts any monies moneys required to be paid by the Mortgagor Grantor under this Mortgage Deed of Trust in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor Grantor to pay the entire sum then due, and the MortgagorGrantor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Appears in 1 contract

Samples: Credit Agreement (Tuesday Morning Corp/De)

Remedies Not Exclusive. No remedy conferred upon or ---------------------- reserved to the Mortgagee Beneficiary by this Mortgage Deed of Trust is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage Deed of Trust or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee Beneficiary to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage Deed of Trust may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee Beneficiary in such order and manner as the MortgageeBeneficiary, in its sole discretion, may elect. If the Mortgagee Beneficiary accepts any monies required to be paid by the Mortgagor any Grantor under this Mortgage Deed of Trust after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage Deed of Trust or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee Beneficiary accepts any monies required to be paid by the Mortgagor any Grantor under this Mortgage Deed of Trust in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor such Grantor to pay the entire sum then due, and the Mortgagor’s such Grantor's failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Appears in 1 contract

Samples: Fee and Leasehold Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Raceland Truck Plaza & Casino LLC)

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Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Mortgage or Table of Contents under any of the other Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect Mortgagee’s rights to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Mortgagee or to which either may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner Mortgagee, as the case may be. In no event shall Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by exercise of the Mortgagor under remedies provided in this Mortgage after (including, without limitation, in connection with the same become dueassignment of Rents to Mortgagee, or the appointment of a receiver and the entry of such acceptance receiver on to all or any part of the Mortgaged Property), be deemed a “mortgagee in possession,” and Mortgagee shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Appears in 1 contract

Samples: Credit Agreement (Metavante Technologies, Inc.)

Remedies Not Exclusive. Beneficiary and Trustee shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Deed of Trust or under any of the other Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, shall prejudice or in any manner affect Beneficiary’s or Trustee’s right to realize upon or enforce any other security now or hereafter held by Beneficiary or Trustee, it being agreed that Beneficiary and Trustee shall each be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as Beneficiary or Trustee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage Beneficiary or Trustee is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Beneficiary or Trustee or to which either may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner Beneficiary or Trustee, as the Mortgageecase may be. In no event shall Beneficiary or Trustee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver exercise of the right either remedies provided in this Deed of Trust (including, without limitation, in connection with the assignment of Rents to require prompt paymentBeneficiary, when dueor the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only a “mortgagee in possession,” and on neither Beneficiary nor Trustee shall in any way be made liable for any act, either of commission or omission, in connection with the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Appears in 1 contract

Samples: Credit Agreement (Health Management Associates Inc)

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee Holder by this Mortgage Debenture is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage Debenture or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee Holder to exercise any right or power accruing on any upon the occurrence of an Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage Debenture may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee Holder in such order and manner as the MortgageeHolder, in its sole discretion, may elect. If the Mortgagee Holder accepts any monies moneys required to be paid by the Mortgagor Debtor under this Mortgage Debenture after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage Debenture or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee Holder accepts any monies moneys required to be paid by the Mortgagor Debtor under this Mortgage Debenture in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor Debtor to pay the entire sum then due, and the Mortgagor’s Debtor's failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Appears in 1 contract

Samples: Fixed and Floating Charge Debenture (Seven Seas Steamship Co Nv)

Remedies Not Exclusive. No remedy conferred upon or reserved to The cumulative rights of Mortgagee arising under the Mortgagee by clauses and covenants contained in this Mortgage is intended shall be separate, distinct and cumulative and none of them shall be construed to be exclusive nor an election to proceed under any one provision herein to the exclusion of any other remedy provision, anything herein or remediesotherwise to the contrary notwithstanding. In addition to any remedies provided herein for Default hereof, Mortgagee shall have all other remedies allowed under the laws of the State of Michigan, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage or now or hereafter existing at law or in equity. Any delay or omission the laws of the United States. No failure on the part of Mortgagee to exercise any right or power accruing on of its rights hereunder arising upon any Event of Default shall not impair any such right or power and shall not be construed to be a waiver prejudice its rights in the event of any other or acquiescence in any such Event of subsequent Default. Every power and remedy given by this Mortgage No delay on the part of Mortgagee in exercising any of such rights shall be construed to preclude it from the exercise thereof at any time during the continuance of such Default. Mortgagee may be exercised from time to time concurrently enforce any one or independently, when and as often as may be deemed expedient by the Mortgagee more remedies or rights hereunder in such order and manner as the Mortgageeit may determine, in successively or concurrently at its sole discretion, may electoption. If the Mortgagee accepts By accepting payment or partial payment of any monies required to be paid by the Mortgagor under this Mortgage sums secured hereby after the same become duedue date thereof, such acceptance Mortgagee shall not constitute a waiver make an accommodation or thereby waive the agreement herein contained that time is of the essence, nor shall Mortgagee waive either any of its remedies or options or its right either to require prompt payment, payment when due, due of all other sums secured by or to consider failure so to pay a Default hereunder. Neither the acceptance of this Mortgage nor its enforcement, whether by court action or pursuant to declare an Event of Default with regard other powers herein contained, shall prejudice or in any manner affect Mortgagee's right to subsequent defaults. If the Mortgagee accepts realize upon or enforce any monies required to be paid other security now or hereafter held by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on accountMortgagee.

Appears in 1 contract

Samples: Mortgage (Ramco Gershenson Properties Trust)

Remedies Not Exclusive. No remedy conferred upon or ---------------------- reserved to the Mortgagee Beneficiary by this Mortgage Deed to Secure Debt is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage Deed to Secure Debt or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee Beneficiary to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage Deed to Secure Debt may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee Beneficiary in such order and manner as the MortgageeBeneficiary, in its sole discretion, may elect. If the Mortgagee Beneficiary accepts any monies moneys required to be paid by the Mortgagor Grantor under this Mortgage Deed to Secure Debt after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage Deed to Secure Debt or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee Beneficiary accepts any monies moneys required to be paid by the Mortgagor Grantor under this Mortgage Deed to Secure Debt in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor Grantor to pay the entire sum then due, and the Mortgagor’s Grantor's failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Appears in 1 contract

Samples: Term Loan and Revolving Credit Agreement (Carson Products Co)

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies moneys required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies moneys required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s 's failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Appears in 1 contract

Samples: Credit Agreement (General Automation Inc/Il)

Remedies Not Exclusive. No remedy conferred action for the enforcement of the lien or any provision hereof shall be subject to any defense which would not be good and available to the party interposing same in an action at law upon the Note. Lender shall be entitled to enforce payment and performance of any of the Secured Obligations and to exercise all rights and powers under this Deed of Trust or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Secured Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or other powers herein contained, shall prejudice or in any manner affect Lender’s right to realize upon or reserved enforce any other security now or hereafter held by Lender, it being agreed that Lender shall be entitled to the Mortgagee by enforce this Mortgage is intended to be exclusive Deed of Trust and any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equityequity or by statute. Any delay or omission No waiver of any default of the Mortgagee Grantor hereunder shall be implied from any omission by Lender to exercise take any right action on account of such default if such default persists or power accruing on be repeated, and no express waiver shall affect any Event default other than the default specified in the express waiver and that only for the time and to the extent therein stated. No acceptance of any payment of any one or more delinquent installments which does not include interest at the penalty or Default Rate (as defined in the Note) from the date of delinquency, together with any required late charge, shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver of the right either of Lender at any time thereafter to require prompt paymentdemand and collect payment of interest at such Default Rate or of late charges, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on accountif any.

Appears in 1 contract

Samples: Deed of Trust, Security Agreement, and Financing Statement (Medbox, Inc.)

Remedies Not Exclusive. Lender shall be entitled to enforce payment and performance of any Obligations and to exercise all rights and powers under this Deed of Trust or under any Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Lender’s right to realize upon or enforce any other security now or hereafter held by Lender, it being agreed that Lender shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Lender in such order and manner as it may in its absolute discretion determine. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage Lender is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Lender, or to which Lender may be exercised otherwise entitled, may be exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, Lender. Lender may electpursue inconsistent remedies. If the Mortgagee accepts The acceptance by Lender of any monies required to be paid by the Mortgagor under this Mortgage sum after the same become due, such acceptance is due shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums hereby secured by this Mortgage or to declare an a subsequent Event of Default with regard to subsequent defaultsas herein provided. If the Mortgagee accepts The acceptance by Lender of any monies required to be paid by the Mortgagor under this Mortgage sum in an amount less than the sum then due, such acceptance due shall be deemed an acceptance on account only and on the upon condition that it shall not constitute a waiver of the obligation of the Mortgagor Borrower to pay the entire sum then due, and the Mortgagor’s failure of Borrower to pay the such entire sum then due shall be and continue to be a default hereunder an Event of Default, notwithstanding such acceptance of such amount on account, as aforesaid. Lender or Trustee shall be, at all times thereafter and until the entire sum then due as contemplated by the Loan Documents shall have been paid, and notwithstanding the acceptance by Lender thereafter of further sums on account, or otherwise, entitled to exercise all rights in this instrument conferred upon them or either of them, and the right to proceed with a sale under any notice of default, or an election to sell, or the right to exercise any other rights or remedies hereunder, shall in no way be impaired, whether any of such amounts are received prior or subsequent to such proceeding, election or exercise. Consent by Lender to any action or inaction of Borrower which is subject to consent or approval of Lender hereunder shall not be deemed a waiver of the right to require such consent or approval to future or successive actions or inactions.

Appears in 1 contract

Samples: Loan Agreement (Jameson Inns Inc)

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee Beneficiary by this Mortgage Deed of Trust is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage Deed of Trust or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee Beneficiary to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage Deed of Trust may be exercised from time to time successively, concurrently or independently, when and as often as may be deemed expedient by the Mortgagee Beneficiary in such order and manner as the MortgageeBeneficiary, in its sole discretion, may elect. If the Mortgagee Beneficiary accepts any monies required to be paid by the Mortgagor any Grantor under this Mortgage Deed of Trust after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage Deed of Trust or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee Beneficiary accepts any monies required to be paid by the Mortgagor any Grantor under this Mortgage Deed of Trust in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor such Grantor to pay the entire sum then due, and the Mortgagor’s such Grantor's failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account. No actions taken by Beneficiary shall be deemed to cure or waive any Event of Default or waive, modify or affect notice of Event of Default or invalidate any act done pursuant to such notice.

Appears in 1 contract

Samples: Deed of Trust (Jalou Cashs LLC)

Remedies Not Exclusive. Grantee shall be entitled to enforce payment and performance of any Secured Obligations hereby and to exercise all rights and powers under this Mortgage or under any Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Secured Obligations may now or hereafter be otherwise secured, whether by security deed, mortgage, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, whether by court action or pursuant to other powers herein contained, shall prejudice or in any manner affect Grantee’s right to realize upon or enforce any other security now or hereafter held by Grantee, it being agreed that Grantee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Grantee in such order and manner as it may in its absolute discretion determine. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage Grantee is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Grantee, or to which Grantee may be exercised otherwise entitled, may be exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, Grantee. Grantee may elect. If the Mortgagee accepts pursue inconsistent remedies The acceptance by Grantee of any monies required to be paid by the Mortgagor under this Mortgage sum after the same become due, such acceptance is due shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums hereby secured by this Mortgage or to declare an Event a default as herein provided. The acceptance by Grantee of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage sum in an amount less than the sum then due, such acceptance due shall be deemed an acceptance on account only and on the upon condition that it shall not constitute a waiver of the obligation of the Mortgagor Grantor to pay the entire sum then due, and the Mortgagor’s failure of Grantor to pay the such entire sum then due shall be and continue to be a default hereunder an Event of Default notwithstanding such acceptance of such amount on account, as aforesaid. Grantee shall be, at all times thereafter and until the entire sum then due shall have been paid, and notwithstanding the acceptance by Grantee thereafter of further sums on account, or otherwise, entitled to exercise all rights in this instrument conferred upon them or either of them, and the right to proceed with a sale under any notice of default, or an election to sell, or the right to exercise any other rights or remedies hereunder, shall in no way be impaired, whether any of such amounts are received prior or subsequent to such proceeding, election or exercise. Consent by Grantee to any action or inaction of Grantor which is subject to consent or approval of Grantee hereunder shall not be deemed a waiver of the right to require such consent or approval to future or successive actions or inactions.

Appears in 1 contract

Samples: Open End Mortgage, Assignment of Leases and Rents and Security Agreement (Adcare Health Systems Inc)

Remedies Not Exclusive. No remedy conferred upon or reserved to The cumulative rights of Mortgagee and Deed of Trust Trustee arising under the Mortgagee by clauses and covenants contained in this Mortgage is intended shall be separate, distinct and cumulative and none of them shall be construed to be exclusive nor an election to proceed under any one provision herein to the exclusion of any other remedy provision, anything herein or remediesotherwise to the contrary notwithstanding. In addition to any remedies provided herein for an event of default hereunder, each of Deed of Trust Trustee and Mortgagee shall have all other remedies allowed under the laws of the State of Idaho, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage or now or hereafter existing at law or in equity. Any delay or omission the laws of the United States. No failure on the part of either Deed of Trust Trustee or Mortgagee to exercise any right or power accruing on of its rights hereunder arising upon any Event event of Default default shall not impair any such right or power and shall not be construed to prejudice its rights in the event of any other or subsequent event of default. No delay on the part of either Deed of Trust Trustee or Mortgagee in exercising any of such rights shall be a waiver construed to preclude it from the exercise thereof at any time during the continuance of such event of default. Mortgagee may enforce any one or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently more remedies or independently, when and as often as may be deemed expedient by the Mortgagee rights hereunder in such order and manner as the Mortgageeit may determine, in successively or concurrently at its sole discretionoption. By accepting payment or partial payment of any sum secured hereby after its due date, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver make an accommodation or thereby waive the agreement herein contained that time is of the essence, nor shall Mortgagee waive any of its remedies or options or its right either to require prompt payment, payment when due, due of all other sums secured by or to consider failure so to pay an event of default hereunder. Neither the acceptance of this Mortgage nor its enforcement, whether by court action pursuant to other powers herein contained, shall prejudice or in any manner affect Mortgagee’s right to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts realize upon or enforce any monies required to be paid other security now or hereafter held by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on accountMortgagee.

Appears in 1 contract

Samples: Leasehold Deed of Trust, Security Agreement, Assignment of Leases and Rents and Fixture Financing Statement (Intrepid Technology & Resources, Inc.)

Remedies Not Exclusive. Beneficiary shall be entitled to enforce payment and performance of any Accelerated Obligations and to exercise all rights and powers under this Deed of Trust or under any Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Accelerated Obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Beneficiary's right to realize upon or enforce any other security now or hereafter held by Beneficiary, it being agreed that Beneficiary shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary in such order and manner as it may in its absolute discretion determine. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage Beneficiary is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Beneficiary, or to which Beneficiary may be exercised otherwise entitled, may be exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may electBeneficiary. If the Mortgagee accepts The acceptance by Beneficiary of any monies required to be paid by the Mortgagor under this Mortgage sum after the same become due, such acceptance is due shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums hereby secured by this Mortgage or to declare an a subsequent Event of Default with regard to subsequent defaultsas herein provided. If the Mortgagee accepts The acceptance by Beneficiary of any monies required to be paid by the Mortgagor under this Mortgage sum in an amount less than the sum then due, such acceptance due shall be deemed an acceptance on account only and on the upon condition that it shall not constitute a waiver of the obligation of the Mortgagor Debtor to pay the entire sum then due, and the Mortgagor’s failure of Debtor to pay such entire sum then due as contemplated by Section 4.01(b) shall be an Event of Default, notwithstanding such acceptance of such amount on account, as aforesaid. Beneficiary or Trustee shall be, at all times thereafter and until the entire sum then due shall have been paid, and notwithstanding the acceptance by Beneficiary thereafter of further sums on account, or otherwise, entitled to exercise all rights in this instrument conferred upon them or either of them, and the right to proceed with a sale under any notice of default, or an election to sell, or the right to exercise any other rights or remedies hereunder, shall in no way be and continue to be a default hereunder notwithstanding acceptance impaired, whether any of such amount on accountamounts are received prior or subsequent to such proceeding, election or exercise. Consent by Beneficiary to any action or inaction of Debtor which is subject to consent or approval of Beneficiary hereunder shall not be deemed a waiver of the right to require such consent or approval to future or successive actions or inactions.

Appears in 1 contract

Samples: Loan Agreement (Rc Arbys Corp)

Remedies Not Exclusive. The Beneficiary shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Deed of Trust or other agreement or any laws now or hereafter in force, notwithstanding that some or all of the Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, security deed, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the powers herein contained, shall prejudice or in any manner affect the Beneficiary’s right to realize upon or enforce any other security now or hereafter held by the Beneficiary, it being agreed that the Beneficiary shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by the Beneficiary in such order and manner as it may in its absolute and sole discretion and election determine. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage Beneficiary is intended to be exclusive of any other remedy herein or remediesin any of the other Secured Debt Agreements or by law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage to which the Beneficiary is entitled may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order Beneficiary, and manner the Beneficiary may pursue inconsistent remedies. No delay or omission of the Beneficiary to exercise any right or power accruing upon any Event of Default shall impair any right or power or shall be construed as the Mortgagee, in its sole discretion, may electa waiver of any Event of Default or any acquiescence therein. If the Mortgagee accepts Beneficiary shall have proceeded to invoke any monies required right or remedy hereunder or under any other Secured Debt Agreement, and shall thereafter elect to be paid by discontinue or abandon it for any reason, the Mortgagor under this Mortgage after Beneficiary shall have the same become dueunqualified right to do so and, in such acceptance shall not constitute a waiver an event, the rights and remedies of the Beneficiary shall continue as if such right either to require prompt paymentor remedy had never been invoked, when due, of all other sums secured by this Mortgage but no such discontinuance or to declare an abandonment shall waive any Event of Default with regard to subsequent defaults. If which may then exist or the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver right of the obligation Beneficiary thereafter to exercise any right or remedy under the Secured Debt Agreements for such Event of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on accountDefault.

Appears in 1 contract

Samples: Deed of Trust (Reynolds American Inc)

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Mortgage or under the Guaranty Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by Mortgage, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect Mortgagee’s rights to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Guaranty Documents to Mortgagee or to which Mortgagee may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner Mortgagee, as the case may be. In no event shall Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by exercise of the Mortgagor under remedies provided in this Mortgage after (including, without limitation, in connection with the same become dueassignment of Leases and Rents to Mortgagee, or the appointment of a receiver and the entry of such acceptance receiver on to all or any part of the Mortgaged Property), be deemed a “Mortgagee in possession,” and Mortgagee shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Appears in 1 contract

Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Presstek Inc /De/)

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee Beneficiary and/or Trustee by this Mortgage Deed of Trust is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage Deed of Trust or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee Beneficiary to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage Deed of Trust may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee Beneficiary in such order and manner as the MortgageeBeneficiary, in its sole discretion, may elect. If the Mortgagee Beneficiary accepts any monies required to be paid by the Mortgagor Grantor under this Mortgage Deed of Trust after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage Deed of Trust or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee Beneficiary accepts any monies required to be paid by the Mortgagor Grantor under this Mortgage Deed of Trust in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor Grantor to pay the entire sum then due, and the MortgagorGrantor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Appears in 1 contract

Samples: Purchase Agreement (Terremark Worldwide Inc)

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment and performance of any Obligations and to exercise all rights and powers under this Mortgage or under any Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Mortgagee's right to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as it may in its absolute discretion determine. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Mortgagee, or to which Mortgagee may be exercised otherwise entitled, may be exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee. Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may electpursue inconsistent remedies. If the The acceptance by Mortgagee accepts of any monies required to be paid by the Mortgagor under this Mortgage sum after the same become due, such acceptance is due shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums hereby secured by this Mortgage or to declare an a subsequent Event of Default with regard to subsequent defaultsas herein provided. If the The acceptance by Mortgagee accepts of any monies required to be paid by the Mortgagor under this Mortgage sum in an amount less than the sum then due, such acceptance due shall be deemed an acceptance on account only and on the upon condition that it shall not constitute a waiver of the obligation of the Mortgagor Debtor to pay the entire sum then due, and the Mortgagor’s failure of Debtor to pay such entire sum then due as contemplated by Section 4.01(b) shall be an Event of Default, notwithstanding such acceptance of such amount on account, as aforesaid. Mortgagee shall be, at all times thereafter and until the entire sum then due shall have been paid, and notwithstanding the acceptance by Mortgagee thereafter of further sums on account, or otherwise, entitled to exercise all rights in this instrument conferred upon them or either of them, and the right to proceed with a sale under any notice of default, or an election to sell, or the right to exercise any other rights or remedies hereunder, shall in no way be and continue to be a default hereunder notwithstanding acceptance impaired, whether any of such amount on accountamounts are received prior or subsequent to such proceeding, election or exercise. Consent by Mortgagee to any action or inaction of Debtor which is subject to consent or approval of Mortgagee hereunder shall not be deemed a waiver of the right to require such consent or approval to future or successive actions or inactions, unless otherwise specifically provided therein.

Appears in 1 contract

Samples: Mortgage (Ich Corp /De/)

Remedies Not Exclusive. No remedy conferred upon or reserved The Administrative Agent shall be entitled to the Mortgagee by this Mortgage is intended to be exclusive enforce payment and performance of any other remedy or remedies, Secured Obligations hereby and each to exercise all rights and every such remedy shall be cumulative and shall be in addition to every other remedy given powers under this Mortgage or under any Loan Documents or other agreement or any laws now or hereafter existing at law in force, notwithstanding some or in equity. Any delay or omission all of the Mortgagee to exercise any right Secured Obligations may now or power accruing on any Event hereafter be otherwise secured, whether by mortgage, deed of Default shall not impair any such right trust, pledge, lien, assignment or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultotherwise. Every power and or remedy given by this Mortgage any of the Loan Documents to the Administrative Agent, or to which the Administrative Agent may be otherwise entitled, may be exercised without prejudice to any other power or remedy, concurrently, independently, in any order and in any manner from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may electAdministrative Agent. If the Mortgagee accepts any monies required No remedy or power is intended to be paid exclusive of any other power or remedy and the Administrative Agent may pursue inconsistent remedies. The acceptance by any of the Mortgagor under this Mortgage Agents or the Banks of any sum after the same become due, such acceptance is due shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums hereby secured by this Mortgage or to declare an Event a default as herein provided. The acceptance by any of Default with regard to subsequent defaults. If the Mortgagee accepts Agents or the Banks of any monies required to be paid by the Mortgagor under this Mortgage sum in an amount less than the sum then due, such acceptance due shall be deemed an acceptance on account only and on the upon condition that it shall not constitute a waiver of the obligation of the Mortgagor Fine Host to pay the entire sum then due, and the Mortgagor’s failure of Fine Host to pay the such entire sum then due shall be and continue to be a default hereunder an Event of Default notwithstanding such acceptance of such amount on account, as aforesaid. Consent by any of the Agents or the Banks to any action or inaction of Fine Host which is subject to consent or approval of the Administrative Agent hereunder shall not be deemed a waiver of the right to require such consent or approval to future or successive actions or inactions. Nothing contained in this Mortgage shall be construed to constitute any of the Agents or the Banks as a "mortgagee in possession" in the absence of its taking actual possession of the Mortgaged Estate pursuant to the powers granted herein.

Appears in 1 contract

Samples: Loan Agreement (Fine Host Corp)

Remedies Not Exclusive. Grantee shall be entitled to enforce payment and performance of any Obligations and to exercise all rights and powers under this Deed to Secure Debt or under any Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by Deed to Secure Debt, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed to Secure Debt nor its enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Grantee’s right to realize upon or enforce any other security now or hereafter held by Grantee, it being agreed that Grantee shall be entitled to enforce this Xxxxxxxx Xx. 00000 GE No. 8004-0863 0000 Xxxxxx Xxxx Albany, Georgia Deed to Secure Debt and any other security now or hereafter held by Grantee in such order and manner as it may in its absolute discretion determine. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage Grantee is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Grantee, or to which Grantee may be exercised otherwise entitled, may be exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, Grantee. Grantee may electpursue inconsistent remedies. If the Mortgagee accepts The acceptance by Grantee of any monies required to be paid by the Mortgagor under this Mortgage sum after the same become due, such acceptance is due shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums hereby secured by this Mortgage or to declare an a subsequent Event of Default with regard to subsequent defaultsas herein provided. If the Mortgagee accepts The acceptance by Grantee of any monies required to be paid by the Mortgagor under this Mortgage sum in an amount less than the sum then due, such acceptance due shall be deemed an acceptance on account only and on the upon condition that it shall not constitute a waiver of the obligation of the Mortgagor Grantor to pay the entire sum then due, and the Mortgagor’s failure of Grantor to pay the such entire sum then due shall be and continue to be a default hereunder an Event of Default, notwithstanding such acceptance of such amount on account, as aforesaid. Grantee shall be, at all times thereafter and until the entire sum then due as contemplated by the Loan Documents shall have been paid, and notwithstanding the acceptance by Grantee thereafter of further sums on account, or otherwise, entitled to exercise all rights in this instrument conferred upon them or either of them, and the right to proceed with a sale under any notice of default, or an election to sell, or the right to exercise any other rights or remedies hereunder, shall in no way be impaired, whether any of such amounts are received prior or subsequent to such proceeding, election or exercise. Consent by Grantee to any action or inaction of Grantor which is subject to consent or approval of Grantee hereunder shall not be deemed a waiver of the right to require such consent or approval to future or successive actions or inactions.

Appears in 1 contract

Samples: Loan Agreement (Jameson Inns Inc)

Remedies Not Exclusive. No remedy herein or in any other document conferred upon on or reserved to the Mortgagee by this Mortgage Lender is intended to be exclusive of any other remedy or remedies, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder, under this Mortgage any other Document or now or hereafter existing at law or in equity. Any Notwithstanding anything herein to the contrary, in any non-judicial, public or private sale or sales under the Uniform Commercial Code or in any judicial foreclosure and sale of the Receivables Collateral, the Receivables Collateral may be sold in any commercially reasonable manner whatsoever not prohibit by law. No delay or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of any default or acquiescence in therein or a waiver of any right or power; and every such Event of Default. Every right and power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by expedient. Lender's acceptance of any performance due hereunder which does not comply strictly with the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required terms hereof shall not be deemed to be paid a waiver of any right of Lender to strict Performance by the Mortgagor under this Mortgage after the same become due, such acceptance Borrower. Acceptance of past due amounts or partial payments shall not constitute a waiver of full and timely payment of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Obligations. No Event of Default with regard to subsequent defaults. If Default, declaration of the Mortgagee accepts any monies required unpaid principal of the Loan to be paid by the Mortgagor under this Mortgage in an amount less than the sum then dueimmediately due and payable or exercise of any other right or remedy upon default shall stay, such acceptance shall be deemed an acceptance waive, or otherwise affect Lender's right to receive payments on account only and on the condition that it shall not constitute a waiver other proceeds of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on accountReceivables Collateral.

Appears in 1 contract

Samples: Receivables Loan and Security Agreement (Resort Investment LLC)

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment of the Indebtedness and performance of the Obligations and to exercise all rights and powers under this Mortgage or under any of the other Financing Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Indebtedness, the Note Indebtedness and/or the Obligations may now or hereafter be otherwise secured, whether by mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect Mortgagee's right to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Financing Documents to Mortgagee or to which it may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee. In no event shall Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by exercise of the Mortgagor under remedies provided in this Mortgage after (including, without limitation, in connection with the same become dueassignment of Rents to Mortgagee, or the appointment of a receiver and the entry of such acceptance receiver on to all or any part of the Mortgaged Property), be deemed a "mortgagee in possession," and Mortgagee shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Appears in 1 contract

Samples: Mortgage (Astrex Inc)

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy or Table of Contents remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Language Line Services Holdings, Inc.)

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Mortgage or under any of the other Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner Table of Contents affect Mortgagee’s rights to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Mortgagee or to which either may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner Mortgagee, as the case may be. In no event shall Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by exercise of the Mortgagor under remedies provided in this Mortgage after (including, without limitation, in connection with the same become dueassignment of Rents to Mortgagee, or the appointment of a receiver and the entry of such acceptance receiver on to all or any part of the Mortgaged Property), be deemed a “mortgagee in possession,” and Mortgagee shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Appears in 1 contract

Samples: Credit Agreement (Metavante Technologies, Inc.)

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee to exercise any right or power accruing on upon the occurrence and during the continuance of any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, whether or not purporting to be in “accord and satisfaction” or delivered with words of similar import, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Appears in 1 contract

Samples: Term Loan Agreement (Wesco International Inc)

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