Common use of Remedies Cumulative Clause in Contracts

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 421 contracts

Samples: Credit Agreement (Jack Cooper Holdings Corp.), Loan and Security Agreement (Telos Corp), Credit Agreement (ECA Marcellus Trust I)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 69 contracts

Samples: Loan and Security Agreement (Scheib Earl Inc), Loan and Security Agreement (Fortegra Financial Corp), Loan Agreement (Amphastar Pharmaceuticals, Inc.)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Default or Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 46 contracts

Samples: Credit Agreement (Falcon Capital Acquisition Corp.), Credit Agreement (Salem Media Group, Inc. /De/), Credit Agreement (Pioneer Energy Services Corp)

Remedies Cumulative. The Lender’s rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 27 contracts

Samples: Loan and Security Agreement (Riverbed Technology, Inc.), Venture Loan and Security Agreement (eXegenics Inc), Equipment Loan and Security Agreement (Renovis Inc)

Remedies Cumulative. The Lender’s rights and remedies of under the Lender Group under this Agreement, the other Loan Documents, Documents and all other agreements with Borrower shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code UCC, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it acquiescence.

Appears in 21 contracts

Samples: Loan and Security Agreement (Fluidigm Corp), Loan and Security Agreement (Kior Inc), Secured Promissory Note (Fluidigm Corp)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code , the PPSA, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 19 contracts

Samples: Credit Agreement (Polyone Corp), Credit Agreement (Polyone Corp), Credit Agreement (Colt Finance Corp.)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Default or Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 17 contracts

Samples: Credit and Security Agreement (COUPONS.com Inc), Credit and Security Agreement (Orion Energy Systems, Inc.), Credit and Security Agreement (SAExploration Holdings, Inc.)

Remedies Cumulative. The Lender's rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default on Borrower's part shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 16 contracts

Samples: Loan and Security Agreement (Nuvasive Inc), Loan and Security Agreement (Depomed Inc), Venture Loan and Security Agreement (Convio, Inc.)

Remedies Cumulative. The Lender Group's rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 15 contracts

Samples: Loan and Security Agreement (Childrens Place Retail Stores Inc), Loan and Security Agreement (Natural Wonders Inc), Loan and Security Agreement (Thomaston Mills Inc)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative cumulative and may be exercised simultaneously. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 11 contracts

Samples: Loan and Security Agreement (Ultimate Electronics Inc), Loan and Security Agreement (West Marine Inc), Loan and Security Agreement (Ultimate Electronics Inc)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code UCC, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 7 contracts

Samples: Possession Loan and Security Agreement (Soupman, Inc.), And Security Agreement, Term Loan Agreement (Phibro Animal Health Corp)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 7 contracts

Samples: Loan and Security Agreement (Atlanticus Holdings Corp), Loan and Security Agreement (Atlanticus Holdings Corp), Loan and Security Agreement (Reis, Inc.)

Remedies Cumulative. The Lender's rights and remedies of under the Lender Group under this Agreement, the other Loan Documents, Documents and all other agreements with Borrower shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code UCC, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it acquiescence.

Appears in 6 contracts

Samples: Loan and Security Agreement (Anacor Pharmaceuticals Inc), Loan and Security Agreement (Anacor Pharmaceuticals Inc), Loan and Security Agreement (NovaCardia Inc)

Remedies Cumulative. The Lender's rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 5 contracts

Samples: Credit Agreement (Vista Eyecare Inc), Loan and Security Agreement (Graphix Zone Inc /De/), Loan Agreement (Childrens Broadcasting Corp)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other written agreements with the Loan Parties shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed to be a continuing waiver waiver in any similar or other circumstances. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 5 contracts

Samples: Credit Agreement (Golden Nugget Online Gaming, Inc.), Credit Agreement (Landrys Restaurants Inc), Credit Agreement (Golden Nugget Online Gaming, Inc.)

Remedies Cumulative. The Each of Agent’s and each Lender’s rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Agent and each Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Agent or any Lender Group of one right or remedy shall be deemed an election, and no waiver by the Agent or such Lender Group of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by the Agent or any Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 5 contracts

Samples: Security Agreement (Enphase Energy, Inc.), Security Agreement (Enphase Energy, Inc.), Security Agreement (Enphase Energy, Inc.)

Remedies Cumulative. The Lenders’ rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group Lenders shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group Lenders of one right or remedy shall be deemed an election, and no waiver by the Lender Group Lenders of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by the Lender Group Lenders shall constitute a waiver, election, or acquiescence by it.

Appears in 5 contracts

Samples: Venture Loan and Security Agreement (Northstar Neuroscience, Inc.), Loan and Security Agreement (MAP Pharmaceuticals, Inc.), Venture Loan and Security Agreement (MAP Pharmaceuticals, Inc.)

Remedies Cumulative. The rights and remedies of the Lender Group ------------------- under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 4 contracts

Samples: Loan and Security Agreement (DSG International LTD), Loan and Security Agreement (Friede Goldman Halter Inc), Loan and Security Agreement (Hologic Inc)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law Law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 4 contracts

Samples: Credit Agreement (Take Two Interactive Software Inc), Credit Agreement (Pregis Holding II CORP), Credit Agreement (Take Two Interactive Software Inc)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it . 64 10.

Appears in 4 contracts

Samples: Loan and Security Agreement (Network Plus Corp), Loan and Security Agreement (Network Plus Corp), Loan and Security Agreement (Network Plus Corp)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code UCC, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Default or Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 4 contracts

Samples: Credit Agreement (CVR Energy Inc), Credit Agreement (CVR Partners, Lp), Term Loan Credit Agreement (Cross Country Healthcare Inc)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Default or Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it . 10.

Appears in 4 contracts

Samples: Credit Agreement (Nautilus, Inc.), Credit Agreement (Forum Energy Technologies, Inc.), Credit Agreement (BlueLinx Holdings Inc.)

Remedies Cumulative. The rights and remedies of Agent for the benefit of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default on Borrower's part shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 4 contracts

Samples: Security Agreement (Sm&a Corp), Security Agreement (Sm&a Corp), Security Agreement (Sm&a Corp)

Remedies Cumulative. The Lender's and the Bank Product Providers' rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group and the Bank Product Providers shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group or the Bank Product Providers of any Event of Default on the Debtor's part shall be deemed a continuing waiver. No delay by the Lender Group or the Bank Product Providers shall constitute a waiver, election, or acquiescence by it.

Appears in 4 contracts

Samples: Security Agreement (Easylink Services Corp), Security Agreement (Easylink Services Corp), Security Agreement (Easylink Services Corp)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code PPSA or UCC, as applicable, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 4 contracts

Samples: Credit Agreement (PointClickCare Corp.), Credit Agreement (Upland Software, Inc.), Credit Agreement (PointClickCare Corp.)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code UCC, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 4 contracts

Samples: Credit Agreement (Independence Contract Drilling, Inc.), Credit Agreement (Tronox Inc), Credit Agreement (Ocular Sciences Inc /De/)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it . Nothing in this Agreement in any way limits, impairs or reduces any rights of the Lender Group under the Mortgages or any of the other Loan Documents.

Appears in 3 contracts

Samples: Loan Agreement (Ram Energy Resources Inc), Loan Agreement (Ram Energy Resources Inc), Loan Agreement (Miller Energy Resources, Inc.)

Remedies Cumulative. The Lender Group's rights and remedies of the Lender Group under this Agreement, the other Loan Documents Documents (including the Mortgages), and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 3 contracts

Samples: Loan and Security Agreement (Vermont Transit Co Inc), Loan and Security Agreement (Los Buenos Leasing Co Inc), Loan and Security Agreement (Texas New Mexico & Oklahoma Coaches Inc)

Remedies Cumulative. The Lender Group’s rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 3 contracts

Samples: Loan and Security Agreement (Leslies Poolmart Inc), Letter of Credit Agreement (Childrens Place Retail Stores Inc), Loan and Security Agreement (Childrens Place Retail Stores Inc)

Remedies Cumulative. The Lender Group's rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 3 contracts

Samples: Loan and Security Agreement (Icf Kaiser International Inc), Loan and Security Agreement (General Datacomm Industries Inc), Loan and Security Agreement (General Datacomm Industries Inc)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code PPSA, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 3 contracts

Samples: Credit Agreement (Birks Group Inc.), Credit Agreement (Dialogic Inc.), Credit Agreement (Birks Group Inc.)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Financing Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code UCC, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 3 contracts

Samples: Loan and Security Agreement (Xactly Corp), Loan and Security Agreement (Xactly Corp), Loan and Security Agreement (Xactly Corp)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code Code and PPSA, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 2 contracts

Samples: Credit Agreement (Angiotech Pharmaceuticals Inc), Credit Agreement (Angiotech Pharmaceuticals Inc)

Remedies Cumulative. The rights and remedies of the Lender Group and the Bank Product Providers under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 2 contracts

Samples: Credit Agreement (Aventine Renewable Energy Holdings Inc), Credit Agreement (Aventine Renewable Energy Holdings Inc)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code Code or PPSA, as applicable, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 2 contracts

Samples: Credit Agreement (MDC Partners Inc), Credit Agreement (MDC Partners Inc)

Remedies Cumulative. The Lenders’ rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group Lenders shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group Lenders of one right or remedy shall be deemed an election, and no waiver by the Lender Group Lenders of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by the Lender Group Lenders shall constitute a waiver, election, or acquiescence by it them.

Appears in 2 contracts

Samples: Venture Loan and Security Agreement (Ambit Biosciences Corp), Venture Loan and Security Agreement (Ambit Biosciences Corp)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, the Corporations Act by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 2 contracts

Samples: Syndicated Facility Agreement (Cliffs Natural Resources Inc.), Syndicated Facility Agreement (Cleveland-Cliffs Inc.)

Remedies Cumulative. The Lender Group's rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative cumulative and may be exercised simultaneously. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 2 contracts

Samples: Loan and Security Agreement (Right Start Inc /Ca), Loan and Security Agreement (Fao Inc)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code Code and the PPSA, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 2 contracts

Samples: Assignment and Acceptance Agreement (Exide Technologies), Credit Agreement (Exide Technologies)

Remedies Cumulative. The Agent's rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group Agent shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group Agent of one right or remedy shall be deemed an election, and no waiver by any member of the Lender Group of any Event of Default on a Guarantor's part shall be deemed a continuing waiver. No delay by any member of the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 2 contracts

Samples: Security Agreement (Hudson Respiratory Care Inc), Security Agreement (Hudson Respiratory Care Inc)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other UK Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, law or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 2 contracts

Samples: Loan Agreement (Palm Inc), Loan Agreement (Palm Inc)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity . , No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 2 contracts

Samples: Credit Agreement (Titan Machinery Inc.), Credit Agreement (Titan Machinery Inc.)

Remedies Cumulative. The rights and remedies of the DIP Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The DIP Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the DIP Lender Group of one right or remedy shall be deemed an election, and no waiver by the DIP Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the DIP Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 2 contracts

Samples: Possession Loan and Security Agreement (Implant Sciences Corp), Possession Loan and Security Agreement (Implant Sciences Corp)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it . Nothing in this Agreement in any way limits, impairs or reduces any rights of the Lender Group under the Oil and Gas Property Mortgages or the Real Property Mortgages or any of the other Loan Documents.

Appears in 2 contracts

Samples: Loan and Security Agreement (Southwest Royalties Holdings Inc), Loan and Security Agreement (Ram Energy Inc/Ok)

Remedies Cumulative. The Lender’s rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code UCC, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default on Borrower’s part shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 2 contracts

Samples: Loan and Security Agreement (Trestle Holdings Inc), Second Loan and Security Agreement (Trestle Holdings Inc)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Irish Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, law or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 2 contracts

Samples: Loan Agreement (Palm Inc), Loan Agreement (Palm Inc)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, the PPSA, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Default or Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 2 contracts

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

Remedies Cumulative. The rights and remedies of the Lender Group under this ------------------- Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 2 contracts

Samples: Loan and Security Agreement (Microstrategy Inc), Loan and Security Agreement (Microstrategy Inc)

Remedies Cumulative. The rights and remedies of the Lender Group under ------------------- this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 2 contracts

Samples: Loan and Security Agreement (Cellstar Corp), Loan and Security Agreement (Learningstar Corp)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements in connection herewith and therewith shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 2 contracts

Samples: Credit Agreement (Wabash National Corp /De), Credit Agreement (Hudson Highland Group Inc)

Remedies Cumulative. The Lender’s rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Bankruptcy Court Order, the Bankruptcy Code, the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 2 contracts

Samples: Loan and Security Agreement (Proxim Corp), Loan and Security Agreement (Proxim Corp)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, Agreement and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 2 contracts

Samples: Unsecured Loan Agreement (Midway Games Inc), Subordinated Loan Agreement (Midway Games Inc)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it . . 83

Appears in 2 contracts

Samples: Loan and Security Agreement (Majestic Investor Capital Corp), Loan and Security Agreement (Majestic Investor Capital Corp)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it . 10.

Appears in 2 contracts

Samples: Credit Agreement (Vector Group LTD), Loan and Security Agreement (CTC Communications Corp)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver . No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Credit Agreement (Neophotonics Corp)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of LOAN AND SECURITY AGREEMENT - Page 56 -------------------------- any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Loan and Security Agreement (Velocity Asset Management Inc)

Remedies Cumulative. The Lender's rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Loan and Security Agreement (Pia Merchandising Services Inc)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided by contract, under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Loan and Security Agreement (Synalloy Corp)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any breach, Default, or Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Loan and Security Agreement (Quest Minerals & Mining Corp)

Remedies Cumulative. The rights and remedies of the Lender Group under this 77 Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Loan and Security Agreement (Northland Cranberries Inc /Wi/)

Remedies Cumulative. The Lender Group’s rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative cumulative and may be exercised simultaneously. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Loan and Security Agreement (Leslies Poolmart Inc)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Bridge Term Loan Credit Agreement (Nuverra Environmental Solutions, Inc.)

Remedies Cumulative. The Lender's rights and remedies of the Lender Group under this Agreement, the other Loan Documents, Security Agreement and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default on the part of any Borrower shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Security Agreement (Motus GI Holdings, Inc.)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative cumulative and may be exercised simultaneously. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law Law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Credit Agreement (Great American Group, Inc.)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the PPSA, the Civil Code, the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Default or Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Credit Agreement (BBX Capital Corp)

Remedies Cumulative. The Agent and the Lender Group's rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Agent and the Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Agent or the Lender Group of one right or remedy shall be deemed an election, and no waiver by Agent or the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by Agent or the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Loan and Security Agreement (Todays Man Inc)

Remedies Cumulative. The Lender's rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Loan and Security Agreement (Angel Oak Mortgage, Inc.)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under any other Loan Document, the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Loan and Security Agreement (Amerco /Nv/)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it . . 101

Appears in 1 contract

Samples: Loan and Security Agreement (Old Evangeline Downs Capital Corp)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code UCC, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Default or Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it . . 106

Appears in 1 contract

Samples: Abl Credit Agreement (Cross Country Healthcare Inc)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election , . and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Credit Agreement (Bookham, Inc.)

Remedies Cumulative. The rights and remedies of the Lender ------------------- Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Credit and Security Agreement (Emergent Information Technologies Inc)

Remedies Cumulative. The Lender's rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Term Loan and Security Agreement (Areawide Cellular Inc)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Financing Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code UCC, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Loan and Security Agreement (GlassHouse Technologies Inc)

Remedies Cumulative. The Lender's rights and remedies of the Lender Group under this Agreement (which are hereby incorporated by reference as if set forth herein in full), the Loan Agreement, the other Loan Documents, Documents and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, law or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver with respect to any other Event of Default by the Lender Group of any Event of Default on Debtors' part shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, election or acquiescence by it.

Appears in 1 contract

Samples: General Security Agreement (Livedeal Inc)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Loan and Security Agreement (Bidz.com, Inc.)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided -84- under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Loan and Security Agreement (Sharper Image Corp)

Remedies Cumulative. The Lender’s rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Subject to the rights of Square 1 Bank, if any, under the Subordination Agreement, Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default on Borrowers’ part shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Everyday Health, Inc.)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Credit Agreement (Concrete Pumping Holdings, Inc.)

Remedies Cumulative. The rights and remedies of the Lender Noteholder Group under this Agreement, the other Loan Note Documents, and all other agreements shall be cumulative. The Lender Noteholder Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Noteholder Group of one right or remedy shall be deemed an election, and no waiver by the Lender Noteholder Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Noteholder Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Midas Inc)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Loan and Security Agreement (Paradyne Networks Inc)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative cumulative and may be exercised simultaneously. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Loan Agreement (American Greetings Corp)

Remedies Cumulative. The Lender's rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default on any Debtor's part shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Security Agreement (Mortons Restaurant Group Inc)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Default, Unmatured Default or Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Loan Agreement (Abraxas Petroleum Corp)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Transaction Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Credit Agreement (Buca Inc /Mn)

Remedies Cumulative. The rights and remedies of Collateral Agent and the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Collateral Agent and the Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by Collateral Agent or the Lender Group of one right or remedy shall be deemed an election, and no waiver by Collateral Agent or the Lender Group of any Event of Default on any Debtor’s part shall be deemed a continuing waiver. No delay by Collateral Agent or the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Security Agreement (Elgar Holdings Inc)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all 57 other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Loan and Security Agreement (En Pointe Technologies Inc)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Uniform Commercial Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Litigation Trust Agreement

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under -52- the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Credit Agreement (Essex Rental Corp.)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, Documents and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, law or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, election or acquiescence by it.

Appears in 1 contract

Samples: Loan and Security Agreement (Abraxas Petroleum Corp)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code UCC, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it . Nothing in this Agreement in any way limits, impairs or reduces any rights of Lender Group under any of the Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Towerstream Corp)

Remedies Cumulative. The rights and remedies of the Lender Group Lenderthe Lenders under this Agreement, the other Loan Documents, and all other agreements shall be cumulative cumulative and may be exercised simultaneously. The Each Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law Law, or in equity. No exercise by the Lender Group Lenderthe Lenders of one right or remedy shall be deemed an election, and no waiver by the Lender Group Lenderthe Lenders of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group Lenderthe Lenders shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Credit Agreement (B. Riley Financial, Inc.)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, Code by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Credit Agreement (Medquist Inc)

Remedies Cumulative. The rights and remedies of the Lender Group Lenders under this Agreement, the other Loan Documents, and all other agreements shall be cumulative cumulative and may be exercised simultaneously. The Each Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law Law, or in equity. No exercise by the Lender Group Lenders of one right or remedy shall be deemed an election, and no waiver by the Lender Group Lenders of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group Lenders shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Credit Agreement (B. Riley Financial, Inc.)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Post-Petition Loan Documents, the Financing Orders and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Loan and Security Agreement and Guaranty (Archibald Candy Corp)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no 122846886v7 waiver by the Lender Group of any Default or Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Credit Agreement (Farmer Brothers Co)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Financing Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code PPSA or other similar applicable foreign Law, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Credit Agreement (Profound Medical Corp.)

Remedies Cumulative. The rights and remedies of the Lender Group under this this9.2 Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

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

Remedies Cumulative. The rights and remedies of the Lender Group under -------------------- this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it.

Appears in 1 contract

Samples: Credit Agreement (Energy Corp of America)

Remedies Cumulative. The rights and remedies of the Lender Group under this Agreement, the other Loan Documents, and all other agreements shall be cumulative. The Lender Group shall have all other rights and remedies not inconsistent herewith as provided under the Code, by law, or in equity. No exercise by the Lender Group of one right or remedy shall be deemed an election, and no waiver by the Lender Group of any Event of Default shall be deemed a continuing waiver. No delay by the Lender Group shall constitute a waiver, election, or acquiescence by it . Nothing in this Agreement in any way limits, impairs or reduces any rights of the Lender Group under the Oil and Gas Property Mortgages or any of the other Loan Documents.

Appears in 1 contract

Samples: Loan and Security Agreement (Petsec Energy Inc)