Right and Remedies. Each and every right and remedy granted to Lessor under any Lease shall be cumulative and in addition to any other right or remedy therein specifically granted or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by Lessor from time to time concurrently or independently and as often and in such order as Lessor may deem expedient. Any failure or delay on the part of Lessor in exercising any such right or remedy, or abandonment or discontinuance of steps to enforce the same, shall not operate as a waiver thereof or affect Lessor's right thereafter to exercising the same. Waiver of any right or remedy on one occasion shall not be deemed to be a waiver of any other right or remedy or of the same right or remedy on any other occasion.
Right and Remedies. No right or remedy conferred upon or reserved to the Parties by this Agreement is intended to be, nor shall be deemed, exclusive of any other right or remedy herein or by law or equity provided or permitted, but each shall be cumulative of every other right or remedy.
Right and Remedies. Upon the occurrence and during the continuation of an Event of Default after any applicable cure or grace period, Lender will have all rights and remedies provided by law, and all rights and remedies granted under any guaranty agreement relating to the Obligations, under any security agreement relating to the Collateral, and under all other existing and future agreements between Lender and Borrower. All rights and remedies are cumulative. Upon the occurrence and during the continuation of an Event of Default after any applicable cure or grace period, Lender may, at its election, without notice of its election and without demand, do any one or more of the following, which are all authorized by Borrowers:
(a) Declare all Obligations, whether evidenced by this Agreement, any of the other Loan Documents or otherwise, immediately due and payable in full;
(b) Cease making Loans or advances under this Agreement, any of the other Loan Documents or any other agreement between any Borrower and Lender;
(c) Terminate this Agreement and any of the other Loan Documents as to any future liability or obligation of Lender, but without affecting Lender’s rights, security interests and mortgages in the Collateral and without affecting the Obligations;
(d) Settle or adjust disputes and claims directly with Account Debtors for amounts and upon terms which Lender considers advisable and, Lender will credit Borrowers’ loan account with only the net amounts received by Lender in payment of the disputed Accounts, after deducting all Expenses incurred or expended in connection therewith;
(e) Cause Borrowers to hold all returned Goods in trust for Lender, segregate all returned Goods from all other property of Borrowers or in Borrowers’ possession and conspicuously label the returned Goods as the property of Lender;
(f) Without notice to or demand upon Borrowers, make payments and do acts Lender considers necessary or reasonable to protect its security interest in the Collateral. Borrowers agree to assemble the Collateral if Lender so requires and to deliver (to the extent movable) or make the Collateral available to Lender at Borrowers’ then-current location(s). Borrowers authorize Lender to enter any premises where the Collateral is located, to take and maintain possession of the Collateral, or any part of it, and to pay, purchase, contest or compromise any encumbrance, charge or lien that in Lender’s determination appears to be prior or superior to its security interest and to pa...
Right and Remedies. Except as expressly provided in this agreement, the rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
Right and Remedies. (a) Upon the occurrence and during the continuation of an Event of Default, Bank shall have all of the rights of a secured party under the Uniform Commercial Code and the Loan Documents in addition to all other rights and remedies granted to it under this Guaranty, and under any other instrument or agreement with respect to the Collateral. Guarantors’ obligations hereunder are not limited to the Collateral or any exercise by Bank of rights and remedies against the same, and Bank may pursue any other available rights and remedies against Guarantors, whether hereunder, under the Loan Documents, at law or otherwise, without resort to the Collateral if Bank deems it in its best interests to do so.
(b) Without limiting the generality of the foregoing, Guarantors expressly agree that Bank, without notice or demand, may do any or all of the following upon an Event of Default:
(i) apply, set off, collect or sell in one or more sales, or take such steps as may be necessary to liquidate and reduce to cash in the hands of Bank in whole or in part, with or without any previous demands or demand of performance or notice or advertisement, the whole or any part of the Collateral in such order as Bank may elect, and any such sale may be made either at public or private sale conducted in accordance with the Code at Bank’s or any Guarantor’s place of business or elsewhere, or (with respect to Collateral of a type ordinarily or customarily bought, sold, or traded at any broker’s board or securities exchange) at any broker’s board or securities exchange, either for cash or upon credit or for future delivery; provided, however, that if such disposition is at private sale, then the purchase price of the Collateral shall be equal to the public market price then in effect, or, if at the time of sale no public market for the Collateral exists, then, in recognition of the fact that the sale of the Collateral would have to be registered under the Securities Act of 1933, as amended (the “Act”), and that the expenses of such registration are commercially unreasonable for the type and amount of collateral pledged hereunder, Bank and Guarantors hereby agree that such private sale shall be at a purchase price mutually agreed to by Bank and Guarantors or, if the parties cannot agree upon a purchase price, then at a purchase price established by the Bank in the exercise of its reasonable discretion. Bank shall be under no obligation to delay the sale of any of the Pledged Securities for th...
Right and Remedies. Except as provided in Section 7.2(c), each and every right and remedy granted to each of the parties under this Agreement shall be cumulative and in addition to any other right or remedy therein specifically granted or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by each of the parties from time to time concurrently or independently and as often and in such order as such party may deem expedient. Any failure or delay on the part of either party in exercising any such right or remedy, or abandonment or discontinuance of steps to enforce the same, shall not operate as a waiver thereof or affect such party's right thereafter to exercise the same.
Right and Remedies. Each and every right and remedy granted to a party under any Lease shall be cumulative and in addition to any other right or remedy therein specifically granted to nor or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by that party from time to time concurrently or independently and as often as the party may deem expedient. Any failure or delay on the part of a party in exercising any such right or remedy, or abandonment or discontinuance of steps to enforce the same, shall not operate as a waiver thereof or affect that party's right thereafter to exercising the same. Waiver of any right or remedy on one occasion shall not be deemed to be a waiver of any other right or remedy or of the same right or remedy on any other occasion.
Right and Remedies. Upon the occurrence and during the continuation of an Event of Default after any applicable cure period or grace period, Lender will have all rights and remedies provided by law, under this Agreement or under any of the other Loan Documents. All rights and remedies are cumulative.
Right and Remedies. Each and every right and remedy granted to Lessor under any Lease shall be cumulative and in addition to any other right or remedy therein specifically granted or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by Lessor from time to time concurrently or independently and as often and in such order as Lessor may deem expedient. Any failure or delay on the part of Lessor in exercising any such right or remedy, or abandonment or discontinuance of steps to enforce the same, shall not operate
Right and Remedies. Upon the occurrence of a Default, and while such Default continues: Bank may deal with any and all of the Collateral as in deems fit, and/or may liquidate all or a portion of the Collateral, applying the proceeds to the Obligations in any manner it deems appropriate. Such rights include, but are not limited to, the right, at Bank's option and without prior written notice to Debtor or any obligor under the Obligations, to: (i) notify Third Party to terminate immediately any trading, other rights or entitlements with respect to the Collateral and any distributions from the Collateral; (ii) transfer into Bank's name or the name of its nominee, all or any part of the Collateral; (iii) receive all interest, dividends, and other proceeds of the Collateral; (iv) notify any person obligated on any Collateral of the security interest of Bank therein and require such person to make payment directly to Bank; (v) demand, xxx for, collect or receive the Collateral and any proceeds thereof, and/or make any settlements or compromise as Banks deems desirable with respect to any Collateral; and (vi) exercise any voting, conversion, registration, purchase or other rights of an owner, holder or entitlement holder of the Collateral. Debtor agrees that Bank may exercise its rights under this Assignment without regard for the actual or potential tax consequences to Debtor under federal or state law and without regard to any instructions or directives given Bank by Debtor. Debtor acknowledges that some of the Collateral is subject to rapid decline in value and is customarily sold in recognized markets, and Bank may dispose of such Collateral in its recognized market without providing notice of sale. Bank shall have all of the rights and remedies of a secured party under the applicable law. Notwithstanding anything herein, in the Loan Documents, or in the applicable law to the contrary, Debtor waives any an all requirements that the Bank sell or dispose of all or part of the Collateral at any particular time, regardless of whether Debtor has requested such sale or disposition. Upon Bank's request, Debtor will, at its own expense: (i) do all things determined by Bank to be desirable to register such Collateral or qualify for an exemption from registration, under the provisions of all applicable securities laws, and (ii) otherwise do or cause to be done all other acts and things as may be necessary to make the sale of the Collateral valid, binding and in compliance with applicable ...
