Common use of Rights and Remedies Cumulative; Non-Waiver; etc Clause in Contracts

Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of Lender’s rights and remedies set forth in this Agreement is not intended to be exhaustive and the exercise by Lender of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder, under the Loan Documents or under any other agreement between either Borrower or Lender or which may now or hereafter exist in law or in equity or by suit or otherwise. No delay or failure to take action on the part of Lender in exercising any right, power or privileges shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver on any Event of Default. No course of dealing between either Borrower and Lender or its agents or employees shall be effective to change, modify or discharge any provision of this Agreement or to constitute a waiver of any Event of Default. Lender shall not, under any circumstances or in any event whatsoever, have any liability for any error, omission or delay of any kind occurring in the liquidation of the Collateral or for any damages resulting therefrom.

Appears in 1 contract

Samples: Loan and Security Agreement (Blue Star Foods Corp.)

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Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of Lender’s 's rights and remedies set forth in this Agreement Guaranty is not intended to be exhaustive and the exercise by Lender of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder, under the Loan Documents or under any other agreement between either Borrower or each Guarantor and Lender or which may now or hereafter exist in law or in equity or by suit or otherwise. No delay or failure to take action on the part of Lender in exercising any right, power or privileges privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver on of any Event of Default. No course of dealing between either Borrower any Guarantor and Lender or its agents or Lender's employees shall be effective to change, modify or discharge any provision of this Agreement Guaranty or to constitute a waiver of any Event of Default. Lender shall not, under any circumstances or in any event whatsoever, have any liability for any error, omission or delay of any kind occurring in the liquidation of the Guarantor Collateral or for any damages resulting therefromtherefrom except damages directly attributable to Lender's gross negligence or willful misconduct.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Dryclean Usa Inc)

Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of the Lender’s 's rights and remedies set forth in this Agreement is not intended to be exhaustive and the exercise by the Lender of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder, under the Loan Documents or under any other agreement between either the Borrower or and the Lender or which may now or hereafter exist in law or in equity or by suit or otherwise. No delay or failure to take action on the part of the Lender in exercising any right, power or privileges privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver on of any Event of Default. No course of dealing between either the Borrower and the Lender or its agents or the Lender's employees shall be effective to change, modify or discharge any provision of this Agreement or to constitute a waiver of any Event of Default. The Lender shall not, under any circumstances or in any event whatsoever, have any liability for any error, omission or delay of any kind occurring in the liquidation of the Collateral or for any damages resulting therefromtherefrom except damages directly attributable to the Lender's gross negligence or willful misconduct.

Appears in 1 contract

Samples: Loan Agreement (American Bancshares Inc \Fl\)

Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of Lender’s the rights and remedies of the Agents and the Lenders set forth in this Agreement is not intended to be exhaustive and the exercise by Lender the Agents and the Lenders of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder, hereunder or under the Loan Documents or under any other agreement between either Borrower or Lender or which that may now or hereafter exist in law or in equity or by suit or otherwise. No delay or failure to take action on the part of any Agent or Lender in exercising any right, power or privileges privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver on of any Event of Default. No course of dealing between either Borrower the Borrowers, the Agents and Lender the Lenders or its their respective agents or employees shall be effective to change, modify or discharge any provision of this Agreement or any of the other Loan Documents or to constitute a waiver of any Event of Default. Lender shall notIn addition, under any circumstances or in any event whatsoever, have any liability for any error, omission or delay election of any kind occurring remedies which results in the liquidation denial or impairment of the Collateral or for right of the Administrative Agent to seek a deficiency judgment against any damages resulting therefromBorrower referred to in Section 10.1 shall not impair the Guarantor's obligation to pay the full amount of the Guaranteed Obligations.

Appears in 1 contract

Samples: Credit Agreement (Acc Corp)

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Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of Lenderthe Bank’s rights and arid remedies set forth in this Agreement is not intended to be exhaustive and the exercise by Lender the Bank of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder, under the other Loan Documents or under any other agreement between either the Borrower and the Bank or Lender or which that may now or hereafter exist in law or in equity or by suit or otherwise. No delay or failure to take action on the part of Lender the Bank in exercising any right, power or privileges privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver on of any Event of Default. No course of dealing between either the Borrower and Lender the Bank or its theft agents or employees shall be effective to to’ change, modify or discharge any provision of this Agreement or any of the other Loan Documents or to constitute a waiver of any Event of Default. Lender shall not, under any circumstances or in any event whatsoever, have any liability for any error, omission or delay of any kind occurring in the liquidation of the Collateral or for any damages resulting therefrom.

Appears in 1 contract

Samples: Loan Agreement (Fountain Powerboat Industries Inc)

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