Common use of Remedies Cumulative Clause in Contracts

Remedies Cumulative. Each and every right, power and remedy given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent in the exercise of any right, remedy or power or in the pursuit of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default or to be an acquiescence therein.

Appears in 52 contracts

Samples: Intercreditor Agreement (Continental Airlines Inc /De/), Intercreditor Agreement (Us Airways Inc), Intercreditor Agreement (United Airlines, Inc.)

Remedies Cumulative. Each and every right, power and remedy given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent Mortgagee specifically or otherwise in this Agreement Trust Indenture shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law Law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate Mortgagee, and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent Mortgagee in the exercise of any right, remedy or power or in the pursuit pursuance of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default on the part of the Owner or to be an acquiescence therein.

Appears in 40 contracts

Samples: Trust Indenture and Mortgage (Jetblue Airways Corp), Note Purchase Agreement (United Airlines, Inc.), Note Purchase Agreement (United Airlines, Inc.)

Remedies Cumulative. Each and every right, power and remedy given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent Mortgagee specifically or otherwise in this Agreement Trust Indenture shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law Law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate Mortgagee, and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent Mortgagee in the exercise of any right, remedy or power or in the pursuit pursuance of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default on the part of the Owner Trustee or Lessee or to be an acquiescence therein.

Appears in 36 contracts

Samples: Trust Indenture and Mortgage 646 (PLM Equipment Growth Fund Vi), Trust Indenture and Mortgage 648 (PLM Equipment Growth Fund Vi), Trust Indenture and Mortgage 646 (PLM Equipment Growth Fund V)

Remedies Cumulative. Each To the extent permitted by applicable law, each and every right, power and remedy given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, and the exercise or the beginning of the exercise of any right, power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent in the exercise of any right, remedy or power or in the pursuit of any remedy shall shall, to the extent permitted by applicable law, impair any such right, power or remedy or be construed to be a waiver of any default or to be an acquiescence therein.

Appears in 28 contracts

Samples: Intercreditor Agreement (American Airlines Inc), Intercreditor Agreement (Spirit Airlines, Inc.), Intercreditor Agreement (Jetblue Airways Corp)

Remedies Cumulative. Each and every right, power and remedy hereby specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Collateral Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given to the Collateral Agent under this Agreement, the other Secured Debt Agreements or now or hereafter existing at law, in equity or by statute, statute and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by any Trustee the Collateral Agent. All such rights, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, powers and remedies shall be cumulative and the exercise or the beginning of the exercise of any power or remedy one shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter any other right, power or remedy others. No delay or omission by any Trustee, any Liquidity Provider, of the Controlling Party or the Subordination Collateral Agent in the exercise of any such right, remedy or power or in the pursuit remedy and no renewal or extension of any remedy of the Obligations shall impair any such right, power or remedy or shall be construed to be a waiver of any default Default or to be Event of Default or an acquiescence therein thereof. No notice to or demand on any Assignor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Collateral Agent to any other or further action in any circumstances without notice or demand. In the event that the Collateral Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Collateral Agent may recover reasonable expenses, including reasonable attorneys’ fees, and the amounts thereof shall be included in such judgment.

Appears in 28 contracts

Samples: Security Agreement (Town Sports International Holdings Inc), Security Agreement (Lee Enterprises, Inc), Security Agreement (Lee Enterprises, Inc)

Remedies Cumulative. Each To the extent permitted under applicable law, each and every right, power and remedy specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically Loan Trustee herein or otherwise in this Agreement Indenture shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given herein or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically given herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any the Loan Trustee , any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate , and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent Loan Trustee in the exercise of any right, remedy or power or in the pursuit pursuance of any remedy shall shall, to the extent permitted by applicable law, impair any such right, power or remedy or be construed to be a waiver of any default on the part of the Company or to be an acquiescence therein.

Appears in 25 contracts

Samples: Indenture and Security Agreement (American Airlines Inc), Indenture and Security Agreement (Spirit Airlines, Inc.), Participation Agreement (American Airlines Inc)

Remedies Cumulative. Each and every right, power and remedy given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent Indenture Trustee specifically or otherwise in this Agreement Trust Indenture shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any the Indenture Trustee , any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate , and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent Indenture Trustee in the exercise of any right, remedy or power or in the pursuit pursuance of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default on the part of the Owner Trustee or Lessee or to be an acquiescence therein.

Appears in 22 contracts

Samples: Trust Indenture and Security Agreement (Us Airways Inc), Trust Indenture and Security Agreement (Us Airways Inc), Trust Indenture and Security Agreement (Us Airways Inc)

Remedies Cumulative. Each To the extent permitted under applicable law, each and every right, power and remedy specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically Loan Trustee herein or otherwise in this Agreement Indenture shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given herein or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically given herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any Loan Trustee , any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate , and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent Loan Trustee in the exercise of any right, remedy or power or in the pursuit pursuance of any remedy shall shall, to the extent permitted by applicable law, impair any such right, power or remedy or be construed to be a waiver of any default on the part of Company or to be an acquiescence therein.

Appears in 22 contracts

Samples: Indenture and Security Agreement (Delta Air Lines Inc /De/), Indenture and Security Agreement (Delta Air Lines Inc /De/), Indenture and Security Agreement (Jetblue Airways Corp)

Remedies Cumulative. Each and every right, power and or remedy herein specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right power or remedy, existing or implied, given now or hereafter existing at law or in equity, and each and every power and remedy herein specifically given or now or hereafter otherwise so existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate Lender, and the exercise or the beginning of the exercise of any one power or remedy shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent of Lender in the exercise of any right, remedy right or power or in the pursuit of any remedy accruing hereunder shall impair any such right, right or power or remedy or be construed to be a waiver of any default or to be an acquiescence therein.

Appears in 21 contracts

Samples: Master Loan Agreement (Renewable Energy Group, Inc.), Master Loan Agreement (Green Plains Renewable Energy, Inc.), Master Loan Agreement (Heron Lake BioEnergy, LLC)

Remedies Cumulative. Each No right or remedy herein conferred upon or reserved to the Collateral Agent is intended to be exclusive of any other right or remedy, and every right right shall, power and remedy given to the Trustees extent permitted by law, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power right and remedy herein specifically given hereunder or now or hereafter existing at law, in equity or by statute otherwise, and each and every right, power and remedy remedy, whether specifically herein given or otherwise existing may existing, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Collateral Agent , as appropriate , and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy . No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent in the exercise of any right, remedy or power or in the pursuit of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default or to be an acquiescence therein .

Appears in 16 contracts

Samples: Insurance, Indemnity and Pledge Agreement (WFS Financial 1996-D Owner Trust), Indemnity and Pledge Agreement (WFS Receivables Corp), Indemnity and Pledge Agreement (WFS Financial Auto Loans Inc)

Remedies Cumulative. Each and every right, power and remedy given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent Indenture Trustee specifically or otherwise in this Agreement Indenture shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any the Indenture Trustee , any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate , and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent Indenture Trustee in the exercise of any right, remedy or power or in the pursuit pursuance of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default on the part of the Owner Trustee or the Lessee or to be an acquiescence therein.

Appears in 16 contracts

Samples: Trust Indenture and Security Agreement (America West Airlines Inc), Trust Indenture and Security Agreement (America West Airlines Inc), Trust Indenture and Security Agreement (America West Airlines Inc)

Remedies Cumulative. Each and every right, power and remedy given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically or otherwise Indenture Trustee in this Agreement Indenture shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given herein or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically given herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party Indenture Trustee or the Subordination Agent, as appropriate Holders, and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter later any other right, power or remedy. No delay or omission by the Indenture Trustee or of any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent Holder in the exercise of any right, remedy or power or in the pursuit pursuance of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default on the part of the Owner Trustee or the Lessee or to be an acquiescence therein in any such default.

Appears in 15 contracts

Samples: Note Purchase Agreement (Midway Airlines Corp), Indenture and Security Agreement (Federal Express Corp), Lease Agreement (Atlantic Coast Airlines Inc)

Remedies Cumulative. Each and every right, power and remedy herein given to the Trustees, the Liquidity Providers, Trustee (or the Controlling Party or the Subordination Agent Party) specifically or otherwise in this Agreement Indenture shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Trustee (or the Controlling Party or the Subordination Agent, as appropriate Party), and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Trustee (or the Controlling Party or the Subordination Agent Party) in the exercise of any right, remedy or power or in the pursuit pursuance of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default Default on the part of the Issuer or to be an acquiescence therein.

Appears in 13 contracts

Samples: Trust Indenture (Willis Lease Finance Corp), Trust Indenture (Genesis Lease LTD), Trust Indenture (Willis Lease Finance Corp)

Remedies Cumulative. Each and every right, power and remedy herein given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement Mortgagee shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity equity, in admiralty or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate Mortgagee, and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy . The Mortgagee shall not be required or bound to enforce any of its rights under any of the other Credit Documents, prior to enforcing its rights under this Mortgage. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent Mortgagee in the exercise of any right, remedy right or power or in the pursuit pursuance of any remedy accruing upon any default as above defined shall impair any such right, power or remedy or be construed to be a waiver of any such event of default or to be an acquiescence therein ; nor shall the acceptance by the Mortgagee of any security or of any payment of or on account of the Indebtedness hereby secured maturing after any event of default or of any payment on account of any past default be construed to be a waiver of any right to exercise its remedies due to any future event of default or of any past event of default not completely cured thereby. No consent, waiver or approval of the Mortgagee shall be deemed to be effective unless in writing and duly signed by authorized signatories of the Mortgagee; any waiver by the Mortgagee of any of the terms of this Mortgage or any consent given under this Mortgage shall only be effective for the purpose and on the terms which it is given and shall be without prejudice to the right to give or withhold consent in relation to future matters (which are either the same or different).

Appears in 13 contracts

Samples: Intercreditor Agreement (Gener8 Maritime, Inc.), Intercreditor Agreement (Gener8 Maritime, Inc.), Pledge and Security Agreement (Genco Shipping & Trading LTD)

Remedies Cumulative. Each and every right, power and remedy given to the Trustees, the Liquidity Providers , the Policy Provider, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Policy Provider, the Controlling Party or the Subordination Agent, as appropriate, and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Policy Provider, the Controlling Party or the Subordination Agent in the exercise of any right, remedy or power or in the pursuit of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default or to be an acquiescence therein.

Appears in 12 contracts

Samples: Intercreditor Agreement (Jetblue Airways Corp), Intercreditor Agreement (Jetblue Airways Corp), Intercreditor Agreement (Us Airways Inc)

Remedies Cumulative. Each and every right, power and remedy hereby specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Collateral Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given to the Collateral Agent under this Agreement, the other Secured Debt Agreements or now or hereafter existing at law, in equity or by statute, statute and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by any Trustee the Collateral Agent. All such rights, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, powers and remedies shall be cumulative and the exercise or the beginning of the exercise of any power or remedy one shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter any other right, power or remedy others. No delay or omission by any Trustee, any Liquidity Provider, of the Controlling Party or the Subordination Collateral Agent in the exercise of any such right, remedy or power or in the pursuit remedy and no renewal or extension of any remedy of the Obligations shall impair any such right, power or remedy or shall be construed to be a waiver of any default Default or to be Event of Default or an acquiescence therein thereof. No notice to or demand on any Assignor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Collateral Agent to any other or further action in any circumstances without notice or demand. In the event that the Collateral Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Collateral Agent may recover reasonable expenses, including reasonable attorneys' fees, and the amounts thereof shall be included in such judgment.

Appears in 12 contracts

Samples: Security Agreement (TAL International Group, Inc.), Security Agreement (Westborn Service Center, Inc.), Security Agreement (Williams Scotsman of Canada Inc)

Remedies Cumulative. Each No Waiver: No remedy conferred upon the Company or the Employee by this Agreement is intended to be exclusive of any other remedy, and each and every right, power and such remedy given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and any remedy herein specifically given hereunder or now or hereafter existing at law law or in equity. No delay or omission by the Company or employee in exercising any right, remedy or power hereunder or existing at law or in equity or by statute shall be construed as a waiver thereof, and each and every any such right, remedy or power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised by the Company or the employee from time to time and as often and in such order as may be deemed expedient or necessary by any Trustee, any Liquidity Provider, the Controlling Party Company or the Subordination Agent, as appropriate, and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise employee at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent in the exercise of any right, remedy or power or in the pursuit of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default or to be an acquiescence therein its sole discretion.

Appears in 11 contracts

Samples: Employment Agreement (American Recreational Enterprises Inc), Employment Agreement (American Recreational Enterprises Inc), Executive Employment Agreement (Bidville Inc)

Remedies Cumulative. Each and every right, power and remedy herein given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent Trustee specifically or otherwise in this Agreement Indenture shall be cumulative and shall shall, to the extent permitted by Applicable Law, be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any the Trustee , any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate , and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent Trustee in the exercise of any right, remedy or power or in the pursuit pursuance of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default Default on the part of the Issuer or to be an acquiescence therein acquiescence.

Appears in 11 contracts

Samples: Indenture (Ironwood Pharmaceuticals Inc), Indenture (Alexza Pharmaceuticals Inc.), Indenture (Alexza Pharmaceuticals Inc.)

Remedies Cumulative. Each Subject to the terms of (and to the extent not inconsistent with) the Intercreditor Agreement, each and every right, power and remedy hereby specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Collateral Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given to the Collateral Agent under this Agreement, the other Secured Debt Agreements or now or hereafter existing at law, in equity or by statute, statute and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by any Trustee the Collateral Agent. All such rights, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, powers and remedies shall be cumulative and the exercise or the beginning of the exercise of any power or remedy one shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter any other right, power or remedy others. No delay or omission by any Trustee, any Liquidity Provider, of the Controlling Party or the Subordination Collateral Agent in the exercise of any such right, remedy or power or in the pursuit remedy and no renewal or extension of any remedy of the Obligations shall impair any such right, power or remedy or shall be construed to be a waiver of any default Default or to be Event of Default or an acquiescence therein thereof. No notice to or demand on any Assignor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Collateral Agent to any other or further action in any circumstances without notice or demand. In the event that the Collateral Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Collateral Agent may recover reasonable expenses, including reasonable attorneys’ fees, and the amounts thereof shall be included in such judgment.

Appears in 10 contracts

Samples: Credit Agreement (Dole Food Co Inc), Intercreditor Agreement (Dole Food Co Inc), Intercreditor Agreement (Dole Food Co Inc)

Remedies Cumulative. Each and every right, power and remedy hereby specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Collateral Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given under this Agreement, the other Secured Debt Agreements or now or hereafter existing at law, in equity or by statute, statute and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by any Trustee the Collateral Agent. All such rights, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, powers and remedies shall be cumulative and the exercise or the beginning of the exercise of any power or remedy one shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter any other right, power or remedy others. No delay or omission by any Trustee, any Liquidity Provider, of the Controlling Party or the Subordination Collateral Agent in the exercise of any such right, remedy or power or in the pursuit remedy and no renewal or extension of any remedy of the Obligations shall impair any such right, power or remedy or shall be construed to be a waiver of any default Default or to be Event of Default or an acquiescence therein . No notice to or demand on any Assignor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Collateral Agent to any other or further action in any circumstances without notice or demand. In the event that the Collateral Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Collateral Agent may recover reasonable expenses, including reasonable attorneys' fees, and the amounts thereof shall be included in such judgment.

Appears in 10 contracts

Samples: Security Agreement (Dayton Superior Corp), Security Agreement (Infousa Inc), Security Agreement (Marathon Power Technologies Co)

Remedies Cumulative. Each and every right, power and remedy given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent Indenture Trustee specifically or otherwise in this Agreement Trust Indenture shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any the Indenture Trustee , any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate , and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent Indenture Trustee in the exercise of any right, remedy or power or in the pursuit pursuance of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default on the part of the Owner or to be an acquiescence therein.

Appears in 9 contracts

Samples: Trust Indenture and Security Agreement (Northwest Airlines Corp), Trust Indenture and Security Agreement (Northwest Airlines Holdings Corp/Pred), Trust Indenture and Security Agreement (Northwest Airlines Inc /Mn)

Remedies Cumulative. Each No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy or remedies, and each and every right, power and such remedy given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement shall be cumulative cumulative, and shall be in addition to every other right, power and remedy herein specifically given hereunder or now or hereafter existing at law, in equity or by statute , and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy . No delay or omission by of Trustee or Beneficiary to exercise any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent in the exercise of any right, remedy right or power or in the pursuit accruing upon any Event of any remedy Default shall impair any such right right or power, power or remedy or shall be construed to be a waiver of any default such Event of Default or to be an any acquiescence therein ; and every power and remedy given hereby to Trustee or Beneficiary may be exercised from time to time as often as may be deemed by them expedient. Nothing herein or in the Note shall affect the obligation of Grantor to pay the principal of, and interest and other sums on, the Note in the manner and at the time and place therein respectively expressed.

Appears in 9 contracts

Samples: Security Agreement (Apple Suites Inc), Security Agreement (Apple Suites Inc), Security Agreement (Apple Suites Inc)

Remedies Cumulative. Each and every right, power and remedy hereby specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given under this Agreement, under the Loan Agreement or under other documentation relating thereto or now or hereafter existing at law law or in equity, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by any Trustee the Agent. All such rights, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, powers and remedies shall be cumulative and the exercise or the beginning of the exercise of any power or remedy one shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter of any other right, power or remedy others. No delay or omission by any Trustee, any Liquidity Provider, of the Controlling Party or the Subordination Agent in the exercise of any such right, remedy or power or in the pursuit remedy and no renewal or extension of any remedy of the Obligations shall impair any such right, power or remedy or shall be construed to be a waiver of any default or to be an Event of Default or any acquiescence therein.

Appears in 8 contracts

Samples: Company General Security Agreement (Acura Pharmaceuticals, Inc), Company General Security Agreement (Acura Pharmaceuticals, Inc), Guarantors General Security Agreement (Acura Pharmaceuticals, Inc)

Remedies Cumulative. Each and every right, power and ------------------- remedy given to provided the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent Indenture Trustee specifically or otherwise in this Agreement Indenture shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given provided or now or hereafter existing at law, in equity or by statute, and each otherwise. Each and every such right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any the Indenture Trustee , any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate , and the exercise or the beginning of the exercise of any such right, power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent Indenture Trustee in the exercise of any right, remedy right or power or in the pursuit of any remedy shall impair any such right, power or remedy remedy, or be construed to be a waiver of any default Indenture Event of Default or to be an acquiescence therein.

Appears in 8 contracts

Samples: Lease and Security Agreement (Mobil Corp), Lease, and Security Agreement (Mobil Corp), Lease and Security Agreement (Mobil Corp)

Remedies Cumulative. Each and every right, power and remedy given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent Indenture Trustee specifically or otherwise in this Agreement Trust Indenture shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law Law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any the Indenture Trustee , any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate , and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent Indenture Trustee in the exercise of any right, remedy or power or in the pursuit pursuance of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default on the part of the Owner or to be an acquiescence therein.

Appears in 7 contracts

Samples: Trust Indenture and Security Agreement (Us Airways Inc), Indenture and Security Agreement (Northwest Airlines Inc /Mn), Trust Indenture and Security Agreement (Us Airways Inc)

Remedies Cumulative. Each and every right, power and remedy herein given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent Trustee specifically or otherwise in this Agreement Indenture shall be cumulative and shall shall, to the extent permitted by law, be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any the Trustee , any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate , and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent Trustee in the exercise of any right, remedy or power or in the pursuit pursuance of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default Default on the part of the Issuer or to be an acquiescence therein acquiescence.

Appears in 7 contracts

Samples: Indenture (MedPro Safety Products, Inc.), Indenture (Supernus Pharmaceuticals Inc), Indenture (Biocryst Pharmaceuticals Inc)

Remedies Cumulative. Each and every right, power and or remedy herein specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right power or remedy, existing or implied, given now or hereafter existing at law or in equity, and each and every power and remedy herein specifically given or now or hereafter otherwise so existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent , as appropriate , and the exercise or the beginning of the exercise of any one power or remedy shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, of the Controlling Party or the Subordination Agent in the exercise of any right, remedy right or power or in the pursuit of any remedy accruing hereunder shall impair any such right, right or power or remedy or be construed to be a waiver of any default Default or to be an acquiescence therein.

Appears in 7 contracts

Samples: Credit Agreement (Green Plains Renewable Energy, Inc.), Credit Agreement (Green Plains Renewable Energy, Inc.), Credit Agreement (Highwater Ethanol LLC)

Remedies Cumulative. Each and every right, power and or remedy herein specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right power or remedy, existing or implied, given now or hereafter existing at law or in equity, and each and every power and remedy herein specifically given or now or hereafter otherwise so existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate Postpetition Lender, and the exercise or the beginning of the exercise of any one power or remedy shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, of the Controlling Party or the Subordination Agent Postpetition Lender in the exercise of any right, remedy right or power or in the pursuit of any remedy accruing hereunder shall impair any such right, right or power or remedy or be construed to be a waiver of any default or to be an acquiescence therein.

Appears in 7 contracts

Samples: Credit Agreement (Verasun Energy Corp), Credit Agreement (Verasun Energy Corp), Credit Agreement (Verasun Energy Corp)

Remedies Cumulative. Each and every right, power and remedy herein specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically Trustee or otherwise in this Agreement Indenture shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any the Trustee , any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate , and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent Trustee in the exercise of any right, remedy or power or in the pursuit pursuance of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default on the part of the Company or to be an acquiescence therein.

Appears in 6 contracts

Samples: Indenture and Security Agreement (Trinity Industries Inc), Indenture and Security Agreement (Trinity Industries Inc), Indenture and Security Agreement (Trinity Industries Inc)

Remedies Cumulative. Each and every right, power and remedy given to the Trustees, the Liquidity Providers, the Controlling Party Administrative Agent or the Subordination Agent Lenders specifically or otherwise in this Agreement herein shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party Administrative Agent or the Subordination Agent, as appropriate, Lenders and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party Administrative Agent or the Subordination Agent Lenders in the exercise of any right, remedy or power or in the pursuit of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default on the part of the Borrower or to be an acquiescence therein.

Appears in 6 contracts

Samples: Credit Agreement (Frontier Airlines Inc /Co/), Credit Agreement (Frontier Airlines Inc /Co/), Credit Agreement (Frontier Airlines Inc /Co/)

Remedies Cumulative. Each and every right, power and remedy given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement hereunder shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity equity, by statute or by statute, and each otherwise. Each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient determined by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate a party, and the exercise or the beginning of the exercise of any right, power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent a party in the exercise of any right, remedy or power or in the pursuit of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default or to be an acquiescence therein.

Appears in 6 contracts

Samples: Purchase Agreement (Columbus Ventures Inc.), Purchase Agreement (Fox Petroleum Inc.), Purchase Agreement (Fox Petroleum Inc.)

Remedies Cumulative. Each and every right, power and remedy given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, and the exercise or the beginning of the exercise of any right, power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent in the exercise of any right, remedy or power or in the pursuit of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default or to be an acquiescence therein.

Appears in 6 contracts

Samples: Intercreditor Agreement (Delta Air Lines Inc /De/), Intercreditor Agreement (American Airlines Inc), Intercreditor Agreement (Delta Air Lines Inc /De/)

Remedies Cumulative. Each To the extent permitted by, and subject to the mandatory requirements of, Applicable Laws, each and every right, power and remedy herein specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically Lessor or otherwise in this Agreement Lease shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy Lessor. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent Lessor in the exercise of any right, power or remedy or power or in the pursuit of any remedy shall impair any such right, power or remedy or be construed to be a waiver of or any default on the part of Lessee or to be an acquiescence therein . Lessor’s consent to any request made by Lessee shall not be deemed to constitute or preclude the necessity for obtaining Lessor’s consent, in the future, to all similar requests. No waiver by Lessor of any default shall in any way be, or be construed to be, a waiver of any future or subsequent default.

Appears in 6 contracts

Samples: Lease Agreement (Vistra Energy Corp), Lease Agreement (Cost Plus Inc/Ca/), Lease Agreement (Cost Plus Inc/Ca/)

Remedies Cumulative. Each No remedy herein conferred upon or reserved to Mortgagee is intended to be exclusive of any other remedy or remedies, and each and every right, power and such remedy given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement shall be cumulative cumulative, and shall be in addition to every other right, power and remedy herein specifically given hereunder or now or hereafter existing at law, in equity or by statute , and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy . No delay or omission by of Mortgagee to exercise any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent in the exercise of any right, remedy right or power or in the pursuit accruing upon any Event of any remedy Default shall impair any such right right or power, power or remedy or shall be construed to be a waiver of any default such Event of Default or to be an any acquiescence therein ; and every power and remedy given hereby to Mortgagee may be exercised from time to time as often as may be deemed expedient by Mortgagee. Nothing herein or in the Mortgagor Notes, the Loan Agreement or Guaranty shall affect the obligation of Borrowers to pay the principal of, and interest and other sums on, the Mortgagor Notes, the Loan Agreement and the Guaranty in the manner and at the time and place therein respectively expressed.

Appears in 6 contracts

Samples: Mortgage (Taubman Centers Inc), Mortgage (Taubman Centers Inc), Mortgage (Taubman Centers Inc)

Remedies Cumulative. Each and every right, power and remedy given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent Indenture Trustee specifically or otherwise in this Agreement Indenture shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any the Indenture Trustee , any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate , and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent Indenture Trustee in the exercise of any right, remedy or power or in the pursuit pursuance of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default on the part of Owner or to be an acquiescence therein.

Appears in 6 contracts

Samples: Indenture and Security Agreement (Us Airways Inc), Indenture and Security Agreement (Us Airways Inc), Indenture and Security Agreement (Us Airways Inc)

Remedies Cumulative. Each and every right, power power, and remedy given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Security Agent specifically or otherwise in this Security Agreement shall be cumulative and shall be in addition to every other right, power power, and remedy herein specifically given or now or hereafter existing at law Law, in equity equity, or by statute, and each and every right, power power, and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate Security Agent deems expedient, and the exercise or the beginning of the exercise of any power right, power, or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power power, or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Security Agent in the exercise of any right, remedy remedy, or power or in the pursuit pursuance of any remedy shall impair any such right, power power, or remedy or be construed to be a waiver of any default on the part of Borrower or to be an acquiescence therein.

Appears in 5 contracts

Samples: Security Agreement (Airtran Holdings Inc), Security Agreement (Airtran Holdings Inc), Security Agreement (Airtran Holdings Inc)

Remedies Cumulative. Each and every right, power and remedy herein given to the Trustees Indenture Trustee (or the Control Parties or the Requisite Majority), the Hedge Providers and the Liquidity Facility Providers, the Controlling Party or the Subordination Agent if applicable, specifically or otherwise in this Agreement Master Indenture shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider the Indenture Trustee (or the Control Parties or the Requisite Majority), the Controlling Party or Hedge Providers and the Subordination Agent Liquidity Facility Providers, as appropriate if applicable, and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee the Indenture Trustee (or the Control Parties or the Requisite Majority), any a Hedge Provider or a Liquidity Facility Provider, the Controlling Party or the Subordination Agent if applicable, in the exercise of any such right, remedy or power or in the pursuit pursuance of any such remedy shall impair any such right, power or remedy or be construed to be a waiver of any default Default on the part of the Issuer or to be an acquiescence therein acquiescence.

Appears in 5 contracts

Samples: Master Indenture (Trinity Industries Inc), Lease Agreement (Trinity Industries Inc), Master Indenture (Trinity Industries Inc)

Remedies Cumulative. Each and every right, power and or remedy herein specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right power or remedy, existing or implied, given now or hereafter existing at law or in equity, and each and every power and remedy herein specifically given or now or hereafter otherwise so existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent , as appropriate , and the exercise or the beginning of the exercise of any one power or remedy shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, of the Controlling Party or the Subordination Agent in the exercise of any right, remedy right or power or in the pursuit of any remedy accruing hereunder shall impair any such right, right or power or remedy or be construed to be a waiver of any default or to be an acquiescence therein.

Appears in 5 contracts

Samples: Credit Agreement (US BioEnergy CORP), Credit Agreement (US BioEnergy CORP), Credit Agreement (US BioEnergy CORP)

Remedies Cumulative. Each and every right, power and remedy hereby specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Administrative Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given to the Administrative Agent under this Agreement, the other Security Documents or now or hereafter existing at law, in equity or by statute, statute and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by any Trustee the Administrative Agent. All such rights, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, powers and remedies shall be cumulative and the exercise or the beginning of the exercise of any power or remedy one shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter any other right, power or remedy others. No delay or omission by any Trustee, any Liquidity Provider, of the Controlling Party or the Subordination Administrative Agent in the exercise of any such right, remedy or power or in the pursuit remedy and no renewal or extension of any remedy of the Loan Document Obligations shall impair any such right, power or remedy or shall be construed to be a waiver of any default Default or to be Event of Default or an acquiescence therein. thereof. No notice to or demand on any Grantor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Administrative Agent to any other or further action in any circumstances without notice or demand. In the event that the Administrative Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Administrative Agent may recover its expenses, including attorneys’ fees and expenses, and the amounts thereof shall be included in such judgment

Appears in 5 contracts

Samples: Collateral Agreement, Collateral Agreement (Blue Buffalo Pet Products, Inc.), Collateral Agreement (Blue Buffalo Pet Products, Inc.)

Remedies Cumulative. Each To the extent permitted under applicable law, each and every right, power and remedy specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically Trustee herein or otherwise in this Aircraft Security Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given herein or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically given herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any the Trustee , any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate , and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent Trustee in the exercise of any right, remedy or power or in the pursuit pursuance of any remedy shall shall, to the extent permitted by applicable law, impair any such right, power or remedy or be construed to be a waiver of any default on the part of the Grantor or to be an acquiescence therein.

Appears in 5 contracts

Samples: Security Agreement (American Airlines Inc), Aircraft Security Agreement (American Airlines Inc), Aircraft Security Agreement (American Airlines Inc)

Remedies Cumulative. Each To the extent permitted by applicable Law but without duplication of recovery, and subject to the provisions of Section 5.4 below, each and every right, power and remedy herein specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Security Agent specifically or otherwise in this Agreement Mortgage shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law Law, in equity equity, by statute or by statute the Operative Agreements, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Security Agent, as appropriate acting at the written direction of the Majority in Interest of Lenders, and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Security Agent in the exercise of any right, remedy or power or in the pursuit of any remedy shall shall, to the extent permitted by applicable Law, impair any such right, power or remedy or be construed to be a waiver of any default on the part of Borrower or to be an acquiescence therein.

Appears in 5 contracts

Samples: Loan Agreement (Airtran Holdings Inc), Loan Agreement (Airtran Holdings Inc), Loan Agreement (Airtran Holdings Inc)

Remedies Cumulative. Each Delay or Omission Not a Waiver. Every remedy given hereunder to the holder of the Note shall not be exclusive of any other remedy or remedies, and every right, power and such remedy given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given hereunder or now or hereafter existing at law, in equity or given by statute, law, equity or otherwise. No course of dealing between the Borrower and each the Corporation or the Borrower and every the holder of the Note or any delay or omission on the part of the Corporation or such holder to exercise any right, remedy or power accruing upon any default hereunder shall impair any such right, remedy or power or shall be construed to be a waiver of any such default or of any right of the Corporation or such holder or acquiescence therein. Every right, remedy and remedy whether specifically herein power given or otherwise existing may, subject always hereunder to the terms and conditions hereof, Corporation or to the holder of the Note may be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party Corporation or the Subordination Agent, as appropriate, and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent in the exercise of any right, remedy or power or in the pursuit of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default or to be an acquiescence therein holder.

Appears in 5 contracts

Samples: Loan Agreement (Rollins Truck Leasing Corp), Loan Agreement (Rollins Truck Leasing Corp), Loan Agreement (Rollins Truck Leasing Corp)

Remedies Cumulative. Each and every right, power and remedy given to the Trustees, Pass Through Trustee or to any of the Liquidity Providers, the Controlling Party or the Subordination Agent Certificateholders of any Series specifically or otherwise in this Agreement under any Pass Through Trust shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given thereunder or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given thereunder or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party Pass Through Trustee or the Subordination Agent, as appropriate Certificateholders of the related Series, and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by the Pass Through Trustee or of any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent such Certificateholder in the exercise of any right, remedy or power or in the pursuit pursuance of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default on the part of the applicable Owner Trustee, if any, or the Company, as the case may be, or to be an acquiescence therein.

Appears in 5 contracts

Samples: Trust Agreement (Federal Express Corp), Trust Agreement (Federal Express Corp), Through Trust Agreement (Federal Express Corp)

Remedies Cumulative. Each and every right, power and remedy hereby specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Collateral Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given to the Collateral Agent under this Agreement, the other Loan Documents or now or hereafter existing at law, in equity or by statute, statute and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by any Trustee the Collateral Agent. All such rights, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, powers and remedies shall be cumulative and the exercise or the beginning of the exercise of any power or remedy one shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter any other right, power or remedy others. No delay or omission by any Trustee, any Liquidity Provider, of the Controlling Party or the Subordination Collateral Agent in the exercise of any such right, remedy or power or in the pursuit remedy and no renewal or extension of any remedy of the Obligations shall impair any such right, power or remedy or shall be construed to be a waiver of any default Default or to be Event of Default or an acquiescence therein thereof. No notice to or demand on any Grantor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Collateral Agent to any other or further action in any circumstances without notice or demand. In the event that the Collateral Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Collateral Agent may recover reasonable expenses, including reasonable attorneys’ fees, and the amounts thereof shall be included in such judgment.

Appears in 5 contracts

Samples: Term Loan Security Agreement (Ciena Corp), Term Loan Pledge Agreement (Ciena Corp), Security Agreement (Ciena Corp)

Remedies Cumulative. Each and every right, power and remedy hereby specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Administrative Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given under this Agreement or the other Loan Documents or now or hereafter existing at law law or in equity, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by any Trustee the Administrative Agent. All such rights, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, powers and remedies shall be cumulative and the exercise or the beginning of the exercise of any power or remedy one shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter any other right, power or remedy others. No delay or omission by any Trustee, any Liquidity Provider, of the Controlling Party or the Subordination Administrative Agent in the exercise of any such right, remedy or power or in the pursuit remedy, or partial or single exercise thereof, and no renewal or extension of any remedy of the Secured Obligations, shall impair or constitute a waiver of any such right, power or remedy or shall be construed to be a waiver of any default Default or to be Event of Default or an acquiescence therein . No notice to or demand on any Grantor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Administrative Agent to any other or further action in any circumstances without notice or demand. In the event that the Administrative Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Administrative Agent may recover reasonable, actual expenses, including attorneys’ fees, and the amounts thereof shall be included in such judgment.

Appears in 4 contracts

Samples: Pledge and Security Agreement (Preferred Apartment Communities Inc), Pledge and Security Agreement (Preferred Apartment Communities Inc), Pledge and Security Agreement (Preferred Apartment Communities Inc)

Remedies Cumulative. Each and every right, power and remedy hereby specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Collateral Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given to the Collateral Agent under this Agreement, the other Secured Documents or now or hereafter existing at law, in equity or by statute, statute and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by any Trustee the Collateral Agent. All such rights, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, powers and remedies shall be cumulative and the exercise or the beginning of the exercise of any power or remedy one shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter any other right, power or remedy others. No delay or omission by any Trustee, any Liquidity Provider, of the Controlling Party or the Subordination Collateral Agent in the exercise of any such right, remedy or power or in the pursuit remedy and no renewal or extension of any remedy of the Secured Obligations shall impair any such right, power or remedy or shall be construed to be a waiver of any default Default or to be Event of Default or an acquiescence therein thereof. No notice to or demand on any Assignor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Collateral Agent to any other or further action in any circumstances without notice or demand. In the event that the Collateral Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Collateral Agent may recover reasonable expenses, including reasonable attorneys’ fees, and the amounts thereof shall be included in such judgment.

Appears in 4 contracts

Samples: Security Agreement (CURO Group Holdings Corp.), Security Agreement (CURO Group Holdings Corp.), Security Agreement (CURO Group Holdings Corp.)

Remedies Cumulative. Each and every right, power and remedy herein specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically Security Trustee or otherwise in this Agreement Mortgage shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any the Security Trustee , any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate , and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent Security Trustee in the exercise of any right, remedy or power or in the pursuit pursuance of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default on the part of the Company or to be an acquiescence therein.

Appears in 4 contracts

Samples: Engine Mortgage and Security Agreement (America West Holdings Corp), Mortgage and Security Agreement (America West Holdings Corp), Mortgage and Security Agreement (America West Holdings Corp)

Remedies Cumulative. Each and every right, power and remedy herein given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement Mortgagee shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity equity, in admiralty or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate Mortgagee, and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy . The Mortgagee shall not be required or bound to enforce any of its rights under any of the other Note Documents, prior to enforcing its rights under this Mortgage. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent Mortgagee in the exercise of any right, remedy right or power or in the pursuit pursuance of any remedy accruing upon any Event of Default shall impair any such right, power or remedy or be construed to be a waiver of any default such Event of Default or to be an acquiescence therein ; nor shall the acceptance by the Mortgagee of any security or of any payment of or on account of the Indebtedness hereby secured maturing after any Event of Default or of any payment on account of any past default be construed to be a waiver of any right to exercise its remedies due to any future Event of Default or of any past Event of Default not completely cured thereby. No consent, waiver or approval of the Mortgagee shall be deemed to be effective unless in writing and duly signed by authorized signatories of the Mortgagee in accordance with the Indenture; any waiver by the Mortgagee of any of the terms of this Mortgage or any consent given under this Mortgage shall only be effective for the purpose and on the terms which it is given and shall be without prejudice to the right to give or withhold consent in relation to future matters (which are either the same or different).

Appears in 4 contracts

Samples: Credit Agreement (Transocean Ltd.), Share Pledge Agreement (Transocean Ltd.), Indenture (Transocean Ltd.)

Remedies Cumulative. Each and every right, power and remedy herein given to the Trustees, the Liquidity Providers, Facility Agent (or the Controlling Party or the Subordination Agent Party) specifically or otherwise in this Intercreditor Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Facility Agent (or the Controlling Party or the Subordination Agent, as appropriate Party), and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Facility Agent (or the Controlling Party or the Subordination Agent Party) in the exercise of any right, remedy or power or in the pursuit pursuance of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default Default on the part of the Borrower or to be an acquiescence therein.

Appears in 4 contracts

Samples: Intercreditor Agreement (Aircastle LTD), Intercreditor Agreement (Aircastle LTD), Intercreditor Agreement (Aircastle LTD)

Remedies Cumulative. Each and every right, power and remedy given herein specifically granted to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically Lender or otherwise available to it or now or hereafter existing in this Agreement law or in equity shall be cumulative and concurrent, and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity equity, or by statute otherwise (including, without limitation, all rights, powers and remedies granted to a secured party under the UCC), and each and every such right, power and remedy remedy, whether specifically granted herein given or otherwise existing may existing, subject always to the terms and conditions hereof, may be exercised at any time and from time to time and as often and in such order as may be deemed expedient by any Trustee the Lender in its sole and complete discretion. The provisions of this Agreement may only be waived by an instrument in writing signed by the Lender, and no failure on the part of the Lender to exercise, and no delay in exercising, and no course of dealing with respect to, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other such right, power or remedy . No delay , shall operate as a waiver thereof, nor shall any single or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent in the partial exercise of any right, remedy or power or in the pursuit of any remedy shall impair any such right, power or remedy preclude any other or be construed to be a waiver further exercise thereof or the exercise of any default other right. No notice to or demand on the Company hereunder shall, of itself, entitle the Company to be an acquiescence therein any other or further notice or demand in the same or similar circumstances.

Appears in 4 contracts

Samples: Security and Pledge Agreement (Transamerican Energy Corp), Security and Pledge Agreement (Transamerican Energy Corp), Security and Pledge Agreement (Transamerican Refining Corp)

Remedies Cumulative. Each and every right, power and remedy herein specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically Indenture Trustee or otherwise in this Agreement Indenture shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any the Indenture Trustee , any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate , and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent Indenture Trustee in the exercise of any right, remedy or power or in the pursuit pursuance of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default on the part of the Owner Trustee or the Lessee or to be an acquiescence therein.

Appears in 4 contracts

Samples: Trust Indenture and Security Agreement (Union Tank Car Co), Trust Indenture and Security Agreement (Union Tank Car Co), Trust Indenture and Security Agreement (Gatx Rail Corp)

Remedies Cumulative. Each To the extent permitted by, and subject to the mandatory requirements of, Applicable Laws, each and every right, power and remedy herein specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically Lessor or otherwise in this Agreement Lease shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy Lessor. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent Lessor in the exercise of any right, power or remedy or power or in the pursuit of any remedy shall impair any such right, power or remedy or be construed to be a waiver of or any default on the part of Lessee or to be an acquiescence therein . Lessor's consent to any request made by Lessee shall not be deemed to constitute or preclude the necessity for obtaining Lessor's consent, in the future, to all similar requests. No waiver by Lessor of any default shall in any way be, or be construed to be, a waiver of any future or subsequent default.

Appears in 4 contracts

Samples: Lease Agreement (Griffin Capital Essential Asset REIT II, Inc.), Lease Agreement (Griffin Capital Essential Asset REIT II, Inc.), Lease Agreement (Txu Corp /Tx/)

Remedies Cumulative. Each and every right, power and remedy hereby specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Collateral Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given to the Collateral Agent under this Agreement, the other Secured Debt Agreements or now or hereafter existing at law, in equity or by statute, statute and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by any Trustee the Collateral Agent. All such rights, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, powers and remedies shall be cumulative and the exercise or the beginning of the exercise of any power or remedy one shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter any other right, power or remedy others. No delay or omission by any Trustee, any Liquidity Provider, of the Controlling Party or the Subordination Collateral Agent in the exercise of any such right, remedy or power or in the pursuit remedy and no renewal or extension of any remedy of the Obligations shall impair any such right, power or remedy or shall be construed to be a waiver of any default Default or to be Event of Default or an acquiescence therein thereof. No notice to or demand on any Grantor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Collateral Agent to any other or further action in any circumstances without notice or demand. In the event that the Collateral Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Collateral Agent may recover reasonable expenses, including reasonable attorneys’ fees, and the amounts thereof shall be included in such judgment.

Appears in 4 contracts

Samples: Credit Agreement (Bway Parent Company, Inc.), Credit Agreement (Performance Sports Group Ltd.), Security Agreement (BWAY Holding CO)

Remedies Cumulative. Each and every right, power and remedy herein given to the Trustees Indenture Trustee (or the Control Parties or the Requisite Majority), the Hedge Providers, the Liquidity Providers Facility Providers and the other Secured Parties, the Controlling Party or the Subordination Agent if applicable, specifically or otherwise in this Agreement Master Indenture shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider the Indenture Trustee (or the Control Parties or the Requisite Majority), the Controlling Party or Hedge Providers, the Subordination Agent Liquidity Facility Providers and the other Secured Parties, as appropriate if applicable, and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee the Indenture Trustee (or the Control Parties or the Requisite Majority), any Liquidity a Hedge Provider, the Controlling Party a Liquidity Facility Provider or the Subordination Agent any other Secured Party, if applicable, in the exercise of any such right, remedy or power or in the pursuit pursuance of any such remedy shall impair any such right, power or remedy or be construed to be a waiver of any default Default on the part of the Issuer or to be an acquiescence therein acquiescence.

Appears in 4 contracts

Samples: Master Indenture (Trinity Industries Inc), Master Indenture (Trinity Industries Inc), Master Indenture (Trinity Industries Inc)

Remedies Cumulative. Each and every right, power and remedy given to the Trustees , the Liquidity Providers , the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent in the exercise of any right, remedy or power or in the pursuit of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default or to be an acquiescence therein.

Appears in 4 contracts

Samples: Intercreditor Agreement (Hawaiian Holdings Inc), Intercreditor Agreement (Sun Country Airlines Holdings, Inc.), Intercreditor Agreement (Sun Country Airlines Holdings, Inc.)

Remedies Cumulative. Each and every right, power and remedy hereby specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Collateral Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given under this Agreement, the Interest Rate Protection Agreements or Other Hedging Agreements or the other Credit Documents now or hereafter existing at law, in equity or by statute, statute and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by any Trustee the Collateral Agent. All such rights, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, powers and remedies shall be cumulative and the exercise or the beginning of the exercise of any power or remedy one shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter any other right, power or remedy others. No delay or omission by any Trustee, any Liquidity Provider, of the Controlling Party or the Subordination Collateral Agent in the exercise of any such right, remedy or power or in the pursuit remedy and no renewal or extension of any remedy of the Obligations shall impair any such right, power or remedy or shall be construed to be a waiver of any default Default or to be Event of Default or an acquiescence therein . No notice to or demand on any Assignor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Collateral Agent to any other or further action in any circumstances without notice or demand. In the event that the Collateral Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Collateral Agent may recover expenses, including attorneys' fees, and the amounts thereof shall be included in such judgment.

Appears in 4 contracts

Samples: Security Agreement (Tristar Aerospace Co), Security Agreement (Jordan Industries Inc), Security Agreement (Transworld Home Healthcare Inc)

Remedies Cumulative. Each No remedy by the terms of this Indenture conferred upon or reserved to the Trustee or to the Bondowners is intended to be exclusive of any other remedy, but each and every right, power and such remedy given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every any other right, power and remedy herein specifically given to the Trustee or to the Bondowners hereunder or now or hereafter existing at law, law or in equity or by statute , and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy . No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent in the to exercise of any right, remedy or power or in the pursuit remedy accruing upon any Event of any remedy Default shall impair any such right, power or remedy or shall be construed to be a waiver of any default such Event of Default or to be an acquiescence therein ; and every such right, power or remedy may be exercised from time to time and as often as may be deemed expedient. No waiver of any Event of Default hereunder, whether by the Trustee or by the Bondowners, shall extend to or shall affect any subsequent Event of Default or shall impair any rights or remedies consequent thereon.

Appears in 4 contracts

Samples: Trust Indenture (MGP Ingredients Inc), Elecsys Corp, CHS Inc

Remedies Cumulative. Each and every right, power and remedy hereby specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Administrative Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given to the Administrative Agent under this Agreement, the other Secured Debt Agreements or now or hereafter existing at law, in equity or by statute, statute and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by any Trustee the Administrative Agent. All such rights, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, powers and remedies shall be cumulative and the exercise or the beginning of the exercise of any power or remedy one shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter any other right, power or remedy others. No delay or omission by any Trustee, any Liquidity Provider, of the Controlling Party or the Subordination Administrative Agent in the exercise of any such right, remedy or power or in the pursuit remedy and no renewal or extension of any remedy of the Obligations shall impair any such right, power or remedy or shall be construed to be a waiver of any default Default or to be Event of Default or an acquiescence therein thereof. No notice to or demand on any Assignor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Administrative Agent to any other or further action in any circumstances without notice or demand. In the event that the Administrative Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Administrative Agent may recover reasonable expenses, including reasonable attorneys’ fees, and the amounts thereof shall be included in such judgment.

Appears in 4 contracts

Samples: Credit Agreement (Aleris Ohio Management, Inc.), Credit Agreement (Aleris Ohio Management, Inc.), Security Agreement (Aleris Ohio Management, Inc.)

Remedies Cumulative. Each and every right, power and remedy ------------------- hereby specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Collateral Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given under this Agreement, the Interest Rate Protection Agreements or Other Hedging Agreements, the other Credit Documents or now or hereafter existing at law, in equity or by statute, statute and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by any Trustee the Collateral Agent. All such rights, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, powers and remedies shall be cumulative and the exercise or the beginning of the exercise of any power or remedy one shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter any other right, power or remedy others. No delay or omission by any Trustee, any Liquidity Provider, of the Controlling Party or the Subordination Collateral Agent in the exercise of any such right, remedy or power or in the pursuit remedy and no renewal or extension of any remedy of the Obligations shall impair any such right, power or remedy or shall be construed to be a waiver of any default Default or to be Event of Default or an acquiescence therein . No notice to or demand on any Assignor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Collateral Agent to any other or further action in any circumstances without notice or demand. In the event that the Collateral Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Collateral Agent may recover reasonable expenses, including attorneys' fees, and the amounts thereof shall be included in such judgment.

Appears in 4 contracts

Samples: Security Agreement (Wesley Jessen Holding Inc), Pledge Agreement (Chartwell Leisure Inc), Security Agreement (Wesley Jessen Visioncare Inc)

Remedies Cumulative. Each and every right, power and remedy herein specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically Indenture Trustee or otherwise in this Agreement Indenture shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any the Indenture Trustee , any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate , and the exercise or the beginning of the exercise of any right, power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent Indenture Trustee in the exercise of any right, remedy or power or in the pursuit pursuance of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default on the part of the Owner Participant, the Owner Lessor or the Facility Lessee or to be an acquiescence therein.

Appears in 4 contracts

Samples: Mortgage and Security Agreement (Calpine Corp), Mortgage and Security Agreement (Calpine Corp), Mortgage and Security Agreement (Calpine Corp)

Remedies Cumulative. Each and every right, power and ------------------- remedy given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent Indenture Trustee specifically or otherwise in this Agreement Indenture shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any the Indenture Trustee , any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate , and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent Indenture Trustee in the exercise of any right, remedy or power or in the pursuit of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default on the part of the Owner Trustee or the Lessee or to be an acquiescence therein.

Appears in 3 contracts

Samples: Sale and Lease Agreement (American Income Fund I-D), Sale and Lease Agreement (American Income Fund I-D), Sale and Lease Agreement (American Income Fund I-D)

Remedies Cumulative. Each and every right, power and remedy hereby specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Collateral Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given under this Agreement, the Interest Rate Protection Agreements or Other Hedging Agreements, the other Credit Documents or now or hereafter existing at law, in equity or by statute, statute and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by any Trustee the Collateral Agent. All such rights, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, powers and remedies shall be cumulative and the exercise or the beginning of the exercise of any power or remedy one shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter any other right, power or remedy others. No delay or omission by any Trustee, any Liquidity Provider, of the Controlling Party or the Subordination Collateral Agent in the exercise of any such right, remedy or power or in the pursuit remedy and no renewal or extension of any remedy of the Obligations shall impair any such right, power or remedy or shall be construed to be a waiver of any default Default or to be Event of Default or an acquiescence therein . No notice to or demand on any Assignor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Collateral Agent to any other or further action in any circumstances without notice or demand. In the event that the Collateral Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Collateral Agent may recover reasonable expenses, including attorneys' fees, and the amounts thereof shall be included in such judgment.

Appears in 3 contracts

Samples: Security Agreement (Therma Wave Inc), Security Agreement (McMS Inc), Security Agreement (Therma Wave Inc)

Remedies Cumulative. Each and every right, power and remedy herein given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement Mortgagee shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity equity, in admiralty or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate Mortgagee, and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy . The Mortgagee shall not be required or bound to enforce any of its rights under any of the other Credit Documents, prior to enforcing its rights under this Mortgage. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent Mortgagee in the exercise of any right, remedy right or power or in the pursuit pursuance of any remedy accruing upon any default as above defined shall impair any such right, power or remedy or be construed to be a waiver of any default such Event of Default or to be an acquiescence therein ; nor shall the acceptance by the Mortgagee of any security or of any payment of or on account of the Indebtedness hereby secured maturing after any Event of Default or of any payment on account of any past default be construed to be a waiver of any right to exercise its remedies due to any future Event of Default or of any past Event of Default not completely cured thereby. No consent, waiver or approval of the Mortgagee shall be deemed to be effective unless in writing and duly signed by authorized signatories of the Mortgagee; any waiver by the Mortgagee of any of the terms of this Mortgage or any consent given under this Mortgage shall only be effective for the purpose and on the terms which it is given and shall be without prejudice to the right to give or withhold consent in relation to future matters (which are either the same or different).

Appears in 3 contracts

Samples: Collateral Agreement (Genco Shipping & Trading LTD), Pledge Agreement (Genco Shipping & Trading LTD), Credit Agreement (Genco Shipping & Trading LTD)

Remedies Cumulative. Each and every right, power and remedy hereby specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Collateral Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given under this Agreement, the Interest Rate Protection Agreements or Other Hedging Agreements, the other Credit Documents or now or hereafter existing at law, in equity or by statute, statute and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by any Trustee the Collateral Agent. All such rights, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, powers and remedies shall be cumulative and the exercise or the beginning of the exercise of any power or remedy one shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter any other right, power or remedy others. No delay or omission by any Trustee, any Liquidity Provider, of the Controlling Party or the Subordination Collateral Agent in the exercise of any such right, remedy or power or in the pursuit remedy and no renewal or extension of any remedy of the Obligations shall impair any such right, power or remedy or shall be construed to be a waiver of any default Default or to be Event of Default or an acquiescence therein . No notice to or demand on any Assignor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Collateral Agent to any other or further action in any circumstances without notice or demand. In the event that the Collateral Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Collateral Agent may recover expenses, including attorneys' fees, and the amounts thereof shall be included in such judgment.

Appears in 3 contracts

Samples: Credit Agreement (Eye Care Centers of America Inc), Security Agreement (Extended Stay America Inc), Credit Agreement (FSC Semiconductor Corp)

Remedies Cumulative. Each and every right, power and remedy herein given to the Trustees, the Liquidity Providers, the Controlling Party Indenture Trustee (or the Subordination Agent Control Parties or the Requisite Majority) specifically or otherwise in this Agreement Master Indenture shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party Indenture Trustee (or the Subordination Agent, as appropriate Control Parties or the Requisite Majority), and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party Indenture Trustee (or the Subordination Agent Control Parties or the Requisite Majority) in the exercise of any right, remedy or power or in the pursuit pursuance of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default Default on the part of Issuer or to be an acquiescence therein acquiescence.

Appears in 3 contracts

Samples: Master Indenture (Trinity Industries Inc), Master Indenture (Trinity Industries Inc), Master Indenture (Trinity Industries Inc)

Remedies Cumulative. Each and every right, power and remedy hereby specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Collateral Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given under this Agreement, the other Financing Documents or now or hereafter existing at law law or in equity, in equity or by statute, statute and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by any Trustee the Collateral Agent. All such rights, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, powers and remedies shall be cumulative and the exercise or the beginning of the exercise of any power or remedy one shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter of any other right, power or remedy others. No delay or omission by any Trustee, any Liquidity Provider, of the Controlling Party or the Subordination Collateral Agent in the exercise of any such right, remedy or power or in the pursuit remedy, renewal or extension of any remedy of the Obligations and no course of dealing between any Assignor and the Collateral Agent or any holder of any of the Obligations shall impair any such right, power or remedy or shall be construed to be a waiver of any default Default or to be Event of Default or an acquiescence therein . No notice to or demand on any Assignor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Collateral Agent to any other or further action in any circumstances without notice or demand. In the event that the Collateral Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Collateral Agent may recover reasonable expenses, including attorneys' fees, and the amounts thereof shall be included in such judgment.

Appears in 3 contracts

Samples: Security Agreement (Universal Compression Inc), Security Agreement (Universal Compression Holdings Inc), Security Agreement (Universal Compression Holdings Inc)

Remedies Cumulative. Each and every right, power and remedy herein given to the Trustees, the Liquidity Providers, the Controlling Party Indenture Trustee (or the Subordination Agent Requisite Majority) specifically or otherwise in this Agreement Indenture shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party Indenture Trustee (or the Subordination Agent, as appropriate Requisite Majority), and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party Indenture Trustee (or the Subordination Agent Requisite Majority) in the exercise of any right, remedy or power or in the pursuit pursuance of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default Default on the part of the Issuer or to be an acquiescence therein acquiescence.

Appears in 3 contracts

Samples: Indenture (Trinity Industries Inc), Indenture (Trinity Industries Inc), Indenture (Trinity Industries Inc)

Remedies Cumulative. Each No remedy herein conferred upon or reserved to Mortgagee is intended to be exclusive of any other remedy or remedies, and each and every right, power and such remedy given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement shall be cumulative cumulative, and shall be in addition to every other right, power and remedy herein specifically given hereunder or now or hereafter existing at law, in equity or by statute , and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy . No delay or omission by of Mortgagee to exercise any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent in the exercise of any right, remedy right or power or in the pursuit accruing upon any Event of any remedy Default shall impair any such right right or power, power or remedy or shall be construed to be a waiver of any default such Event of Default or to be an any acquiescence therein ; and every power and remedy given hereby to Mortgagee may be exercised from time to time as often as may be deemed expedient by Mortgagee. Nothing herein or in the Note shall affect the obligation of Mortgagor to pay the principal of, and interest and other sums on, the Note in the manner and at the time and place therein respectively expressed.

Appears in 3 contracts

Samples: And Security Agreement (Apple Suites Inc), And Security Agreement (Apple Suites Inc), And Security Agreement (Apple Suites Inc)

Remedies Cumulative. Each and every right, power and remedy hereby specifically given to the Trustees, Agent and the Liquidity Providers, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement shall be cumulative and Lenders shall be in addition to every other right, power and remedy herein specifically given under this Agreement, the DIP Order or the other Loan Documents or now or hereafter existing at law law or in equity, in equity or by statute, statute and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by the Agent or any Trustee Lender. All such rights, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, powers and remedies shall be cumulative and the exercise or the beginning of the exercise of any power or remedy one shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter of any other right, power or remedy others. No delay or omission by of the Agent or any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent Lender in the exercise of any such right, remedy or power or in the pursuit remedy and no renewal or extension of any remedy of the Obligations shall impair any such right, power or remedy or shall be construed to be a waiver of any default Default or to be an acquiescence therein . In the event that the Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Agent may recover reasonable expenses, including reasonable attorneys’ fees, and the amounts thereof shall be included in such judgment.

Appears in 3 contracts

Samples: Security and Pledge Agreement (School Specialty Inc), Security and Pledge Agreement (School Specialty Inc), Security and Pledge Agreement (School Specialty Inc)

Remedies Cumulative. Each and every right, power and remedy herein given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement Mortgagee shall be cumulative and shall be in addition to every all other right, power and remedy herein specifically given powers or remedies now or hereafter existing at law, in equity equity, in admiralty or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate Mortgagee, and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy . The Mortgagee shall not be required or bound to enforce any of its rights under any other agreements, prior to enforcing its rights under this Mortgage. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent Mortgagee in the exercise of any right, remedy right or power or in the pursuit pursuance of any remedy accruing upon any default as above defined shall impair any such right, power or remedy or be construed to be a waiver of any such event of default or to be an acquiescence therein ; nor shall the acceptance by the Mortgagee of any security or of any payment of or on account of the Indebtedness hereby secured maturing after any event of default or of any payment on account of any past default be construed to be a waiver of any right to exercise its remedies due to any future event of default or of any past event of default not completely cured thereby. No consent, waiver or approval of the Mortgagee shall be deemed to be effective unless in writing and duly signed by authorized signatories of the Mortgagee; any waiver by the Mortgagee of any of the terms of this Mortgage or any consent given under this Mortgage shall only be effective for the purpose and on the terms which it is given and shall be without prejudice to the right to give or withhold consent in relation to future matters (which are either the same or different).

Appears in 3 contracts

Samples: Intercreditor Agreement (Overseas Shipholding Group Inc), Security Agreement (Overseas Shipholding Group Inc), Intercreditor Agreement (Overseas Shipholding Group Inc)

Remedies Cumulative. Each and every right, power and remedy herein given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement Mortgagee shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity equity, in admiralty or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate Mortgagee, and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy . The Mortgagee shall not be required or bound to enforce any of its rights under any of the other Credit Documents, prior to enforcing its rights under this Deed and the Mortgage. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent Mortgagee in the exercise of any right, remedy right or power or in the pursuit pursuance of any remedy accruing upon any default as above defined shall impair any such right, power or remedy or be construed to be a waiver of any such event of default or to be an acquiescence therein ; nor shall the acceptance by the Mortgagee of any security or of any payment of or on account of the Indebtedness hereby secured maturing after any event of default or of any payment on account of any past default be construed to be a waiver of any right to exercise its remedies due to any future event of default or of any past event of default not completely cured thereby. No consent, waiver or approval of the Mortgagee shall be deemed to be effective unless in writing and duly signed by authorized signatories of the Mortgagee; any waiver by the Mortgagee of any of the terms of this Deed or any consent given under this Deed shall only be effective for the purpose and on the terms which it is given and shall be without prejudice to the right to give or withhold consent in relation to future matters (which are either the same or different).

Appears in 3 contracts

Samples: Intercreditor Agreement (Gener8 Maritime, Inc.), Credit Agreement (General Maritime Corp/), General Maritime Corp/

Remedies Cumulative. Each No remedy herein conferred upon or reserved to Mortgagee is intended to be exclusive of any other remedy or remedies, and each and every right, power and such remedy given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement shall be cumulative cumulative, and shall be in addition to every other right, power and remedy herein specifically given hereunder or now or hereafter existing at law, in equity or by statute , and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy . No delay or omission by of Mortgagee to exercise any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent in the exercise of any right, remedy right or power or in the pursuit accruing upon any Event of any remedy Default shall impair any such right right or power, power or remedy or shall be construed to be a waiver of any default such Event of Default or to be an any acquiescence therein ; and every power and remedy given hereby to Mortgagee may be exercised from time to time as often as may be deemed by them expedient. Nothing herein or in the Note shall affect the obligation of Mortgagor to pay the principal of, and interest and other sums on, the Note in the manner and at the time and place therein respectively expressed.

Appears in 3 contracts

Samples: And Security Agreement (Apple Suites Inc), Rents and Security Agreement (Apple Suites Inc), And Security Agreement (Apple Suites Inc)

Remedies Cumulative. Each No remedy herein conferred upon or reserved to Mortgagee is intended to be exclusive of any other remedy or remedies, and each and every right, power and such remedy given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement shall be cumulative cumulative, and shall be in addition to every other right, power and remedy herein specifically given hereunder or now or hereafter existing at law, in equity or by statute , and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy . No delay or omission by of Mortgagee to exercise any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent in the exercise of any right, remedy right or power or in the pursuit accruing upon any Event of any remedy Default shall impair any such right right or power, power or remedy or shall be construed to be a waiver of any default such Event of Default or to be an any acquiescence therein ; and every power and remedy given hereby to Mortgagee may be exercised from time to time as often as may be deemed expedient by Mortgagee. Nothing herein or in any other Facility Document shall affect the obligation of Mortgagor to pay the Guaranteed Obligations or the Directly Secured Obligations in the manner and at the time and place respectively expressed in the Guaranty or the other Facility Documents.

Appears in 3 contracts

Samples: Mortgage, Security Agreement and Fixture (PPL Energy Supply LLC), Common Agreement (Talen Energy Holdings, Inc.), PPL Energy Supply LLC

Remedies Cumulative. Each and every right, power and remedy herein specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically Trustee or otherwise in this Agreement Indenture shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any the Trustee , any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate , and the exercise or the 15 beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent Trustee in the exercise of any right, remedy or power or in the pursuit pursuance of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default on the part of the Company or to be an acquiescence therein.

Appears in 3 contracts

Samples: Indenture and Security Agreement (Trinity Industries Inc), Indenture and Security Agreement (Trinity Industries Inc), Indenture and Security Agreement (Trinity Industries Inc)

Remedies Cumulative. Each and every right, power and remedy given to the Trustees, the Liquidity Providers , the Policy Provider, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Policy Provider, the Controlling Party or the Subordination Agent, as appropriate, and the exercise or the beginning of the exercise of any right, power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Policy Provider, the Controlling Party or the Subordination Agent in the exercise of any right, remedy or power or in the pursuit of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default or to be an acquiescence therein.

Appears in 3 contracts

Samples: Intercreditor Agreement (Delta Air Lines Inc /De/), Intercreditor Agreement (Delta Air Lines Inc /De/), Intercreditor Agreement (American Airlines Inc)

Remedies Cumulative. Each and every right, power and remedy hereby specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Collateral Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given to the Collateral Agent under this Agreement, the other Security Documents or now or hereafter existing at law, in equity or by statute, statute and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by any Trustee the Collateral Agent. All such rights, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, powers and remedies shall be cumulative and the exercise or the beginning of the exercise of any power or remedy one shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter any other right, power or remedy others. No delay or omission by any Trustee, any Liquidity Provider, of the Controlling Party or the Subordination Collateral Agent in the exercise of any such right, remedy or power or in the pursuit remedy and no renewal or extension of any remedy of the Obligations shall impair any such right, power or remedy or shall be construed to be a waiver of any default Default or to be Event of Default or an acquiescence therein thereof. No notice to or demand on any Pledgor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Collateral Agent to any other or further action in any circumstances without notice or demand. In the event that the Collateral Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Collateral Agent may recover reasonable expenses, including reasonable attorneys’ fees and expenses, and the amounts thereof shall be included in such judgment.

Appears in 3 contracts

Samples: Current Asset Revolving Facility Guarantee And (Quality Distribution Inc), Fixed Asset Revolving Facility Guarantee And (Quality Distribution Inc), Collateral Agreement (Quality Distribution Inc)

Remedies Cumulative. Each and every right, power and remedy given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Administrative Agent specifically or otherwise in this Agreement Mortgage shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Administrative Agent , as appropriate , and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Administrative Agent in the exercise of any right, remedy or power or in the pursuit pursuance of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default on the part of the Borrower or to be an acquiescence therein.

Appears in 3 contracts

Samples: Mortgage and Security Agreement (United Airlines, Inc.), Mortgage and Security Agreement (United Airlines, Inc.), Mortgage and Security Agreement (United Airlines, Inc.)

Remedies Cumulative. Each and every right, power and remedy hereby specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Collateral Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given under this Agreement, the Interest Rate Protection Agreements or Other Hedging Agreements or the other Credit Documents or now or hereafter existing at law, in equity or by statute, statute and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by any Trustee the Collateral Agent. All such rights, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, powers and remedies shall be cumulative and the exercise or the beginning of the exercise of any power or remedy one shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter any other right, power or remedy others. No delay or omission by any Trustee, any Liquidity Provider, of the Controlling Party or the Subordination Collateral Agent in the exercise of any such right, remedy or power or in the pursuit remedy and no renewal or extension of any remedy of the Obligations shall impair any such right, power or remedy or shall be construed to be a waiver of any default Default or to be Event of Default or an acquiescence therein . No notice to or demand on any Assignor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Collateral Agent to any other or further action in any circumstances without notice or demand. In the event that the Collateral Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Collateral Agent may recover expenses, including reasonable attorneys' fees, and the amounts thereof shall be included in such judgment.

Appears in 3 contracts

Samples: Security Agreement (Iasis Healthcare Corp), Security Agreement (Southwest General Hospital Lp), Security Agreement (Pca Valdosta Corp)

Remedies Cumulative. Each and every right, power and remedy hereby specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Collateral Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given to the Collateral Agent under this Agreement, the other Secured Debt Agreements or now or hereafter existing at law, in equity or by statute, statute and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by any Trustee the Collateral Agent. All such rights, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, powers and remedies shall be cumulative and the exercise or the beginning of the exercise of any power or remedy one shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter any other right, power or remedy others. No delay or omission by any Trustee, any Liquidity Provider, of the Controlling Party or the Subordination Collateral Agent in the exercise of any such right, remedy or power or in the pursuit remedy and no renewal or extension of any remedy of the Obligations shall impair any such right, power or remedy or shall be construed to be a waiver of any default Default or to be Event of Default or an acquiescence therein thereof. No notice to or demand on any Grantor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Collateral Agent to any other or further action in any circumstances without notice or demand. In the event that the Collateral Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Collateral Agent may recover reasonable invoiced out-of-pocket expenses, including reasonable attorneys’ fees, and the amounts thereof shall be included in such judgment, in each case, in accordance with the terms and provisions of Section 13.01 of the Credit Agreement.

Appears in 3 contracts

Samples: First Lien Security Agreement (PAE Inc), Security Agreement (PAE Inc), Security Agreement (PAE Inc)

Remedies Cumulative. Each and every right, power and remedy hereby specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Collateral Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given to the Collateral Agent under this Agreement, the other Credit Documents or now or hereafter existing at law, in equity or by statute, statute and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by any Trustee the Collateral Agent. All such rights, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, powers and remedies shall be cumulative and the exercise or the beginning of the exercise of any power or remedy one shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter any other right, power or remedy others. No delay or omission by any Trustee, any Liquidity Provider, of the Controlling Party or the Subordination Collateral Agent in the exercise of any such right, remedy or power or in the pursuit remedy and no renewal or extension of any remedy of the Obligations shall impair any such right, power or remedy or shall be construed to be a waiver of any default Default or to be Event of Default or an acquiescence therein thereof. No notice to or demand on any Grantor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Collateral Agent to any other or further action in any circumstances without notice or demand. In the event that the Collateral Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Collateral Agent may recover reasonable invoiced out-of-pocket expenses, including reasonable attorneys’ fees, and the amounts thereof shall be included in such judgment, in each case, in accordance with the terms and provisions of Section 13.01 of the Credit Agreement.

Appears in 3 contracts

Samples: Revolving Credit Agreement (VERRA MOBILITY Corp), Intercreditor Agreement (VERRA MOBILITY Corp), Security Agreement (Iridium Communications Inc.)

Remedies Cumulative. Each and every right, power and remedy hereby specifically given to the Trustees, the Liquidity Providers, the Controlling Secured Party or the Subordination Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given under this Agreement or the other Loan Documents or now or hereafter existing at law law or in equity, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by any Trustee the Secured Party. All such rights, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, powers and remedies shall be cumulative and the exercise or the beginning of the exercise of any power or remedy one shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter any other or others. No delay or omission of the Secured Party in the exercise of any such right, power or remedy . No delay , or omission by any Trustee partial or single exercise thereof, any Liquidity Provider, the Controlling Party and no renewal or the Subordination Agent in the exercise extension of any right of the Secured Obligations, remedy or power or in the pursuit of any remedy shall impair or constitute a waiver of any such right, power or remedy or shall be construed to be a waiver of any default Event of Default or to be an acquiescence therein . No notice to or demand on the Borrower in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Secured Party to any other or further action in any circumstances without notice or demand. In the event that the Secured Party shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Secured Party may recover reasonable, actual expenses, including attorneys’ fees, and the amounts thereof shall be included in such judgment.

Appears in 3 contracts

Samples: Pledge and Security Agreement (Royal Energy Resources, Inc.), Pledge and Security Agreement (Royal Energy Resources, Inc.), Pledge and Security Agreement (Royal Energy Resources, Inc.)

Remedies Cumulative. Each and every right, power and remedy hereby specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Collateral Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given under this Agreement, any Secured Interest Rate Agreement or the other Credit Documents or now or hereafter existing at law law or in equity, in equity or by statute, statute and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by any Trustee the Collateral Agent. All such rights, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, powers and remedies shall be cumulative and the exercise or the beginning of the exercise of any power or remedy one shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter of any other right, power or remedy others. No delay or omission by any Trustee, any Liquidity Provider, of the Controlling Party or the Subordination Collateral Agent in the exercise of any such right, remedy or power or in the pursuit remedy and no renewal or extension of any remedy of the Obligations shall impair any such right, power or remedy or shall be construed to be a waiver of any default Default or to be Event of Default or an acquiescence therein . In the event that the Collateral Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Collateral Agent may recover reasonable expenses, including attorneys' fees, and the amounts thereof shall be included in such judgment.

Appears in 3 contracts

Samples: Security Agreement (National Tobacco Co Lp), Security Agreement (National Tobacco Co Lp), Pledge Agreement (Hosiery Corp of America Inc)

Remedies Cumulative. Each and every right, power and remedy hereby specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Collateral Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given under this Agreement or any other Secured Debt Agreement now or hereafter existing at law, in equity or by statute, statute and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions last sentence of Section 7.1 hereof, be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by any Trustee the Collateral Agent. All such rights, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, powers and remedies shall be cumulative and the exercise or the beginning of the exercise of any power or remedy one shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter any other right, power or remedy others. No delay or omission by any Trustee, any Liquidity Provider, of the Controlling Party or the Subordination Collateral Agent in the exercise of any such right, remedy or power or in the pursuit remedy and no renewal or extension of any remedy of the Obligations shall impair any such right, power or remedy or shall be construed to be a waiver of any default Default or to be Event of Default or an acquiescence therein . No notice to or demand on any Assignor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Collateral Agent to any other or further action in any circumstances without notice or demand. In the event that the Collateral Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Collateral Agent may recover expenses, including reasonable attorneys’ fees, and the amounts thereof shall be included in such judgment.

Appears in 3 contracts

Samples: Security Agreement (Consolidated Container Co LLC), Security Agreement (Clean Harbors Inc), Security Agreement (Clean Harbors Inc)

Remedies Cumulative. Each and every right, power and remedy hereby specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Administrative Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given to the Administrative Agent under this Agreement, the other Security Documents or now or hereafter existing at law, in equity or by statute, statute and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by any Trustee the Administrative Agent. All such rights, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, powers and remedies shall be cumulative and the exercise or the beginning of the exercise of any power or remedy one shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter any other right, power or remedy others. No delay or omission by any Trustee, any Liquidity Provider, of the Controlling Party or the Subordination Administrative Agent in the exercise of any such right, remedy or power or in the pursuit remedy and no renewal or extension of any remedy of the Secured Obligations shall impair any such right, power or remedy or shall be construed to be a waiver of any default Default or to be Event of Default or an acquiescence therein thereof. No notice to or demand on the Pledgor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Administrative Agent to any other or further action in any circumstances without notice or demand. In the event that the Administrative Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Administrative Agent may recover reasonable expenses, including reasonable attorneys’ fees, and the amounts thereof shall be included in such judgment.

Appears in 3 contracts

Samples: Pledge and Security Agreement (Allied World Assurance Co Holdings, AG), Pledge and Security Agreement (Allied World Assurance Co Holdings LTD), Pledge and Security Agreement (Allied World Assurance Co Holdings, AG)

Remedies Cumulative. Each and every right, power and remedy hereby specifically given to the Trustees, Administrative Agent and the Liquidity Providers, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement shall be cumulative and Lenders shall be in addition to every other right, power and remedy herein specifically given under this Agreement, the Final Order or the other Loan Documents or now or hereafter existing at law law or in equity, in equity or by statute, statute and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by the Administrative Agent or any Trustee Lender. All such rights, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, powers and remedies shall be cumulative and the exercise or the beginning of the exercise of any power or remedy one shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter of any other right, power or remedy others. No delay or omission by of the Administrative Agent or any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent Lender in the exercise of any such right, remedy or power or in the pursuit remedy and no renewal or extension of any remedy of the Obligations shall impair any such right, power or remedy or shall be construed to be a waiver of any default Default or to be Event of Default or an acquiescence therein . In the event that the Administrative Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Administrative Agent may recover reasonable expenses, including reasonable attorneys’ fees, and the amounts thereof shall be included in such judgment.

Appears in 3 contracts

Samples: Credit and Guarantee Agreement (Lear Corp), Credit and Guarantee Agreement (Lear Corp), Credit and Guarantee Agreement (Sirva Inc)

Remedies Cumulative. Each and every right, power and remedy hereby specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given under this Agreement, the other Lender Agreements or now or hereafter existing at law, in equity or by statute, statute and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by any Trustee the Agent. All such rights, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, powers and remedies shall be cumulative and the exercise or the beginning of the exercise of any power or remedy one shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter any other right, power or remedy others. No delay or omission by any Trustee, any Liquidity Provider, of the Controlling Party or the Subordination Agent in the exercise of any such right, remedy or power or in the pursuit remedy and no renewal or extension of any remedy of the Obligations shall impair any such right, power or remedy or shall be construed to be a waiver of any default Default or to be Event of Default or an acquiescence therein . No notice to or demand on any Debtor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Agent to any other or further action in any circumstances without notice or demand. In the event that the Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Agent may recover reasonable expenses, including reasonable attorneys' fees, and the amounts thereof shall be included in such judgment.

Appears in 3 contracts

Samples: Credit Agreement (Tweeter Home Entertainment Group Inc), Tweeter Security Agreement (Tweeter Home Entertainment Group Inc), Security Agreement (Tweeter Home Entertainment Group Inc)

Remedies Cumulative. Each Delay or Omission Not a Waiver. Every remedy given hereunder to the Trustee or to any of the Holders shall not be exclusive of any other remedy or remedies, and every right, power and such remedy given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given hereunder or now or hereafter existing at law, in equity or given by statute, law, equity or otherwise. The Trustee may exercise all or any of the powers, rights or remedies given to it hereunder or which may now or hereafter be given by statute, law, or equity or otherwise, in its absolute discretion. No course of dealing between the Company or ELI and each and the Trustee or the Holders or any delay or omission of the Trustee or of any Holder to exercise any right, remedy or power accruing upon any Event of Default shall impair any such right, remedy or power or shall be construed to be a waiver of any such Event of Default or of any right of the Trustee or of the Holders or acquiescence therein, and, subject to the provisions of Section 8.07, every right, remedy and power and remedy whether specifically herein given or otherwise existing may, subject always by this Article to the terms and conditions hereof, Trustee or to the Holders may be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party Trustee or by the Subordination Agent, as appropriate, and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent in the exercise of any right, remedy or power or in the pursuit of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default or to be an acquiescence therein Holders.

Appears in 3 contracts

Samples: Participation Agreement (Entergy Louisiana Inc), Participation Agreement (Entergy Louisiana Inc), Participation Agreement (Entergy Louisiana Inc)

Remedies Cumulative. Each and every right, power and remedy hereby specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Collateral Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given to the Collateral Agent under this Agreement, or now or hereafter existing at law, in equity or by statute, statute and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by any Trustee the Collateral Agent. All such rights, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, powers and remedies shall be cumulative and the exercise or the beginning of the exercise of any power or remedy one shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter any other right, power or remedy others. No delay or omission by any Trustee, any Liquidity Provider, of the Controlling Party or the Subordination Collateral Agent in the exercise of any such right, remedy or power or in the pursuit remedy and no renewal or extension of any remedy of the Obligations shall impair any such right, power or remedy or shall be construed to be a waiver of any default Default or to be Event of Default or an acquiescence therein thereof. No notice to or demand on the Assignor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Collateral Agent to any other or further action in any circumstances without notice or demand. In the event that the Collateral Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Collateral Agent may recover reasonable expenses, including reasonable attorneys' fees, and the amounts thereof shall be included in such judgment.

Appears in 3 contracts

Samples: Security Agreement (Emagin Corp), Subordinated Security Agreement (Emagin Corp), Emagin Corp

Remedies Cumulative. Each No remedy herein conferred upon or reserved to Mortgagee is intended to be exclusive of any other remedy or remedies, and each and every right, power and such remedy given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement shall be cumulative cumulative, and shall be in addition to every other right, power and remedy herein specifically given hereunder or now or hereafter existing at law, in equity or by statute , and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy . No delay or omission by of Mortgagee to exercise any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent in the exercise of any right, remedy right or power or in the pursuit accruing upon any Event of any remedy Default shall impair any such right right or power, power or remedy or shall be construed to be a waiver of any default such Event of Default or to be an any acquiescence therein ; and every power and remedy given hereby to Mortgagee may be exercised from time to time as often as may be deemed expedient by Mortgagee. Nothing herein or in the Note or the Loan Agreement shall affect the obligation of Mortgagor to pay the principal of, and interest and other sums on, the Note and the Loan Agreement in the manner and at the time and place therein respectively expressed.

Appears in 3 contracts

Samples: And Security Agreement (Alexanders Inc), And Security Agreement (Alexanders Inc), Rents and Security Agreement (Alexanders Inc)

Remedies Cumulative. Each and every right, power and remedy ------------------- hereby specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Collateral Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given under this Agreement, the Interest Rate Protection Agreements or Other Hedging Agreements, the other Loan Documents or now or hereafter existing at law, in equity or by statute, statute and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by any Trustee the Collateral Agent. All such rights, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, powers and remedies shall be cumulative and the exercise or the beginning of the exercise of any power or remedy one shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter any other right, power or remedy others. No delay or omission by any Trustee, any Liquidity Provider, of the Controlling Party or the Subordination Collateral Agent in the exercise of any such right, remedy or power or in the pursuit remedy and no renewal or extension of any remedy of the Obligations shall impair any such right, power or remedy or shall be construed to be a waiver of any default Default or to be Event of Default or an acquiescence therein . No notice to or demand on any Assignor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Collateral Agent to any other or further action in any circumstances without notice or demand. In the event that the Collateral Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Collateral Agent may recover reasonable expenses, including attorneys' fees, and the amounts thereof shall be included in such judgment.

Appears in 3 contracts

Samples: Security Agreement (Kilovac International Inc), Security Agreement (Kilovac International Inc), Security Agreement (Communications Instruments Inc)

Remedies Cumulative. Each and every right, power and remedy hereby specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement shall be cumulative and Lender shall be in addition to every other right, power and remedy herein specifically given under this Agreement, the Stock Purchase Agreement or the Note or now or hereafter existing at law law or in equity, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by any Trustee the Lender. All such rights, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate powers and remedies shall be cumulative, and the exercise or the beginning of the exercise of any power or remedy one shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter of any other right, power or remedy others. No delay or omission by any Trustee, any Liquidity Provider, of the Controlling Party or the Subordination Agent Lender in the exercise of any such right, remedy or power or in the pursuit remedy and no renewal or extension of any remedy of the Secured Obligations shall impair any such right, power or remedy or shall be construed to be a waiver of any default or to be Event of Default or an acquiescence therein.

Appears in 3 contracts

Samples: Pledge Agreement (Jenkon International Inc), Pledge Agreement (Jenkon International Inc), Pledge Agreement (Jenkon International Inc)

Remedies Cumulative. Each and every right, power and remedy given to ------------------- the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any the Liquidity Provider Providers, the Controlling Party or the Subordination Agent, as appropriate, and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any the Liquidity Provider Providers, the Controlling Party or the Subordination Agent in the exercise of any right, remedy or power or in the pursuit of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default or to be an acquiescence therein.

Appears in 2 contracts

Samples: Intercreditor Agreement (United Air Lines Inc), Intercreditor Agreement (United Air Lines Inc)

Remedies Cumulative. Each and every right, power and remedy hereby specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given under this Security Agreement or the Credit Agreement and other Loan Documents or now or hereafter existing at law law or in equity, in equity or by statute, statute and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by any Trustee the Agent. All such rights, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, powers and remedies shall be cumulative and the exercise or the beginning of the exercise of any power or remedy one shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter of any other right, power or remedy others. No delay or omission by any Trustee, any Liquidity Provider, of the Controlling Party or the Subordination Agent in the exercise of any such right, remedy or power or in the pursuit of any remedy shall impair any such right, power or remedy or shall be construed to be a waiver of any default Event of Default or to be an acquiescence therein . . -26- 152 ARTICLE IV AGENT

Appears in 2 contracts

Samples: Security Agreement (America West Airlines Inc), Security Agreement (America West Airlines Inc)

Remedies Cumulative. Each and every right, power and remedy herein specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically Lease Indenture Trustee or otherwise in this Agreement Indenture shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any the Lease Indenture Trustee , any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate , and the exercise or the beginning of the exercise of any right, power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent Lease Indenture Trustee in the exercise of any right, remedy or power or in the pursuit pursuance of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default on the part of the Owner Participant, the Owner Lessor or the Facility Lessee or to be an acquiescence therein.

Appears in 2 contracts

Samples: Trust, Mortgage and Security Agreement (PPL Montana LLC), Trust, Mortgage and Security Agreement (PPL Montana LLC)

Remedies Cumulative. Each and every right, power and remedy herein specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically Indenture Trustee or otherwise in this Agreement Indenture shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, Indenture Trustee and the exercise or the beginning of the exercise of any right, power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent Indenture Trustee in the exercise of any right, remedy or power or in the pursuit pursuance of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default on the part of the Owner Participant, the Owner Trust or the Lessee or to be an acquiescence therein.

Appears in 2 contracts

Samples: Indenture of Trust and Security Agreement (Aes Eastern Energy Lp), Trust and Security Agreement (Aes Eastern Energy Lp)

Remedies Cumulative. Each and every right, power and remedy hereby specifically given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Collateral Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given to the Collateral Agent under this Agreement, the other Secured Debt Agreements or now or hereafter existing at law, in equity or by statute, statute and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by any Trustee the Collateral Agent. All such rights, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, powers and remedies shall be cumulative and the exercise or the beginning of the exercise of any power or remedy one shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter any other right, power or remedy others. No delay or omission by any Trustee, any Liquidity Provider, of the Controlling Party or the Subordination Collateral Agent in the exercise of any such right, remedy or power or in the pursuit remedy and no renewal or extension of any remedy of the Obligations shall impair any such right, power or remedy or shall be construed to be a waiver of any default Default or to be Event of Default or an acquiescence therein thereof. No notice to or demand on any Grantor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Collateral Agent to any other or further action in any circumstances without notice or demand. In the event that the Collateral Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Collateral Agent may recover reasonable expenses, including reasonable legal fees, and the amounts thereof shall be included in such judgment.

Appears in 2 contracts

Samples: Security Agreement (Performance Sports Group Ltd.), Credit Agreement (Performance Sports Group Ltd.)

Remedies Cumulative. Each and every right, power and remedy herein given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement Mortgagee shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law law (including but not excluding all powers conferred by the Conveyancing and Property Ordinance (Chapter 219 of the Laws of Hong Kong)), in equity equity, in admiralty or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate Mortgagee, and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy . The Mortgagee shall not be required or bound to enforce any of its rights under any of the other Credit Documents, prior to enforcing its rights under this Deed and the Mortgage. No delay or omission by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent Mortgagee in the exercise of any right, remedy right or power or in the pursuit pursuance of any remedy accruing upon any default as above defined shall impair any such right, power or remedy or be construed to be a waiver of any default such Event of Default or to be an acquiescence therein ; nor shall the acceptance by the Mortgagee of any security or of any payment of or on account of the Indebtedness hereby secured maturing after any Event of Default or of any payment on account of any past default be construed to be a waiver of any right to exercise its remedies due to any future Event of Default or of any past Event of Default not completely cured thereby. No consent, waiver or approval of the Mortgagee shall be deemed to be effective unless in writing and duly signed by authorized signatories of the Mortgagee; any waiver by the Mortgagee of any of the terms of this Deed or any consent given under this Deed shall only be effective for the purpose and on the terms which it is given and shall be without prejudice to the right to give or withhold consent in relation to future matters (which are either the same or different).

Appears in 2 contracts

Samples: Pledge Agreement (Genco Shipping & Trading LTD), Credit Agreement (Genco Shipping & Trading LTD)

Remedies Cumulative. Each and every right, power and remedy given to the Trustees Trustee, the Liquidity Providers Provider, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, be exercised from time to time and as often and in such order as may be deemed expedient by any the Trustee, any the Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy. No delay or omission by any the Trustee, any the Liquidity Provider, the Controlling Party or the Subordination Agent in the exercise of any right, remedy or power or in the pursuit of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default or to be an acquiescence therein.

Appears in 2 contracts

Samples: Intercreditor Agreement (Continental Airlines Inc /De/), Intercreditor Agreement (Continental Airlines Inc /De/)

Remedies Cumulative. Each Every remedy given hereunder to the Trustee or to any of the Certificateholders of any series shall not be exclusive of any other remedy or remedies, and every right, power and such remedy given to the Trustees, the Liquidity Providers, the Controlling Party or the Subordination Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given hereunder or now or hereafter existing at law, in equity or given by statute, and each and every right law, power and remedy whether specifically herein given equity or otherwise existing may, subject always to the terms and conditions hereof, be exercised from time to time and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent, as appropriate, and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy otherwise. No delay or omission by the Trustee or of any Trustee, any Liquidity Provider, the Controlling Party or the Subordination Agent such Certificateholder in the exercise of any right, remedy or power or in the pursuit pursuance of any remedy shall impair any such right, power or remedy or be construed to be a waiver of any default on the part of the applicable Owner Trustee, if any, or the Company, as the case may be, or to be an acquiescence therein.

Appears in 2 contracts

Samples: Trust Agreement (United Air Lines Inc), Trust Agreement (United Air Lines Inc)

Remedies Cumulative. Each and every right, power and remedy hereby specifically given to the Trustees, the Liquidity Providers, the Controlling Party Administrative Agent or the Subordination Collateral Agent specifically or otherwise in this Agreement shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given to the Administrative Agent or the Collateral Agent under this Agreement, the other Security Documents or now or hereafter existing at law, in equity or by statute, statute and each and every right, power and remedy whether specifically herein given or otherwise existing may, subject always to the terms and conditions hereof, may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by any Trustee, any Liquidity Provider, the Controlling Party Administrative Agent or the Subordination Collateral Agent . All such rights, as appropriate, powers and remedies shall be cumulative and the exercise or the beginning of the exercise of any power or remedy one shall not be construed to be deemed a waiver of the right to exercise at the same time or thereafter any other right, power or remedy others. No delay or omission by any Trustee, any Liquidity Provider, of the Controlling Party Administrative Agent or the Subordination Collateral Agent in the exercise of any such right, remedy or power or in the pursuit remedy and no renewal or extension of any remedy of the Secured Obligations shall impair any such right, power or remedy or shall be construed to be a waiver of any default Default or to be Event of Default or an acquiescence therein thereof. No notice to or demand on any Grantor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Administrative Agent or the Collateral Agent to any other or further action in any circumstances without notice or demand. In the event that the Collateral Agent shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such suit the Collateral Agent may recover reasonable expenses, including reasonable attorneys’ fees, and the amounts thereof shall be included in such judgment.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Endurance Specialty Holdings LTD), Pledge and Security Agreement (Endurance Specialty Holdings LTD)