Grouped Into 20 Collections of Similar Clauses From Business Contracts
This page contains Remedies Cumulative clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Remedies Cumulative. Each right, power, and remedy of Lender as provided for in this Agreement or in the other Loan Documents or now or hereafter existing at law or in equity or by statute or otherwise shall be cumulative and concurrent and shall be in addition to every other right, power, or remedy provided for in this Agreement or in the other Loan Documents or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by Lender, of any one or more of su...ch rights, powers, or remedies shall not preclude the simultaneous or later exercise by Lender of any or all such other rights, powers, or remedies.View More
Remedies Cumulative. Each right, power, and remedy of Lender each Secured Party as provided for in this Agreement or in the other Loan Transaction Documents or now or hereafter existing at law or in equity or by statute or otherwise shall be cumulative and concurrent and shall be in addition to every other right, power, or remedy provided for in this Agreement or in the other Loan Transaction Documents or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the e...xercise by Lender, Agent or any Secured Party of any one or more of such rights, powers, or remedies shall not preclude the simultaneous or later exercise by Lender Agent or any Secured Party of any or all such other rights, powers, or remedies. View More
Remedies Cumulative. Each right, power, power and remedy of the Lender as provided for in this Agreement or in the other Loan Documents or now or hereafter existing at law or in equity or by statute or otherwise shall be cumulative and concurrent and shall be in addition to every other right, power, power or remedy provided for in this Agreement or in the other Loan Documents or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by Lender, the Lend...er of any one or more of such rights, powers, powers or remedies shall not preclude the simultaneous or later exercise by Lender the Agreement shall be in addition to, and not in substitution of, the provisions of any or all such other rights, powers, or remedies. the Loan Documents. View More
Remedies Cumulative. Each right, power, and remedy of Lender the Collateral Agent or any Secured Party as provided for in this Agreement Agreement, or in the other Loan Notes Documents or now or hereafter existing at law or in equity or by statute or otherwise shall be cumulative and concurrent and shall be in addition to every other right, power, or remedy provided for in this Agreement or in Agreement, and the other Loan Notes Documents or now or hereafter existing at law or in equity or by statute or otherwise, a...nd the exercise or beginning of the exercise by Lender, the Collateral Agent or any Secured Party, of any one or more of such rights, powers, or remedies shall not preclude the simultaneous or later exercise by Lender the Collateral Agent or such Secured Party of any or all such other rights, powers, or remedies. View More
Remedies Cumulative. No remedy herein conferred upon the Payee is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.
Remedies Cumulative. No remedy herein conferred upon the Payee Holder is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.
Remedies Cumulative. No remedy herein conferred upon the Payee any DHC Party is intended to be exclusive of any other remedy remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.
Remedies Cumulative. No remedy herein conferred upon the Payee any DHC Party is intended to be exclusive of any other remedy remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.
Remedies Cumulative. Each right, power, and remedy of any Secured Party as provided for in this Agreement or in any other Transaction Document or now or hereafter existing at law or in equity or by statute or otherwise shall be cumulative and concurrent and shall be in addition to every other right, power, or remedy provided for in this Agreement or in the other Transaction Documents or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by any Secu...red Party, of any one or more of such rights, powers, or remedies shall not preclude the simultaneous or later exercise by such Secured Party of any or all such other rights, powers, or remedies. 20 19. Marshaling. No Secured Party shall be required to marshal any present or future collateral security (including but not limited to the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights and remedies hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remedies, however existing or arising. To the extent that it lawfully may, the Grantor hereby agrees that it will not invoke any law relating to the marshaling of collateral which might cause delay in or impede the enforcement of any Secured Party's rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, the Grantor hereby irrevocably waives the benefits of all such laws.View More
Remedies Cumulative. Each right, power, and remedy of Secured Party, Lender, or any Secured Party Bank Product Provider as provided for in this Agreement, the other Loan Documents or any Bank Product Agreement or in any other Transaction Document or now or hereafter existing at law or in equity or by statute or otherwise shall be cumulative and concurrent and shall be in addition to every other right, power, or remedy provided for in this Agreement or in Agreement, the other Transaction Loan Documents and the Bank P...roduct Agreements or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by any Secured Party, Lender, or any Bank Product Provider, of any one or more of such rights, powers, or remedies shall not preclude the simultaneous or later exercise by Secured Party, Lender or such Secured Party Bank Product Provider of any or all such other rights, powers, or remedies. 20 19. Marshaling. No -30- 19.Marshaling. Secured Party shall not be required to marshal any present or future collateral security (including but not limited to the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights and remedies hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remedies, however existing or arising. To the extent that it lawfully may, the each Grantor hereby agrees that it will not invoke any law relating to the marshaling of collateral which might cause delay in or impede the enforcement of any Secured Party's rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, the each Grantor hereby irrevocably waives the benefits of all such laws. View More
Remedies Cumulative. Each right, power, and remedy of Collateral Agent or any Secured Party Lender, as provided for in this Agreement or in any the other Transaction Document or Loan Documents now or hereafter existing at law or in equity or by statute or otherwise shall be cumulative and concurrent and shall be in addition to every other right, power, or remedy provided for in this Agreement or in the other Transaction Loan Documents or now or hereafter existing at law or in equity or by statute or otherwise, and t...he exercise or beginning of the exercise by Collateral Agent, any Secured Party, Lender, of any one or more of such rights, powers, or remedies shall not preclude the simultaneous or later exercise by Collateral Agent, such Secured Party Lender of any or all such other rights, powers, or remedies. 20 19. 21 18. Marshaling. No Secured Party Collateral Agent shall not be required to marshal any present or future collateral security (including but not limited to the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights and remedies hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remedies, however existing or arising. To the extent that it lawfully may, the each Grantor hereby agrees that it will not invoke any law relating to the marshaling of collateral which might cause delay in or impede the enforcement of any Secured Party's Collateral Agent's rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, the each Grantor hereby irrevocably waives the benefits of all such laws. View More
Remedies Cumulative. Each right, power, and remedy of Agent or any Secured Party other member of the Lender Group as provided for in this Agreement or in any Agreement, the other Transaction Document or Loan Documents now or hereafter existing at law or in equity or by statute or otherwise shall be cumulative and concurrent and shall be in addition to every other right, power, or remedy provided for in this Agreement or in Agreement, the other Transaction Loan Documents or now or hereafter existing at law or in equi...ty or by statute or otherwise, and the exercise or beginning of the exercise by Agent or any Secured Party, other member of the Lender Group, of any one or more of such rights, powers, or remedies shall not preclude the simultaneous or later exercise by Agent, such Secured Party other member of the Lender Group of any or all such other rights, powers, or remedies. 20 -34- 19. Marshaling. No Secured Party Agent shall not be required to marshal any present or future collateral security (including but not limited to the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights and remedies hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remedies, however existing or arising. To the extent that it lawfully may, the each Grantor hereby agrees that it will not invoke any law relating to the marshaling of collateral which might cause delay in or impede the enforcement of any Secured Party's Agent's rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, the each Grantor hereby irrevocably waives the benefits of all such laws. View More
Remedies Cumulative. No remedy conferred upon the Holder herein or in the Note Purchase Agreement or any other Note Document is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder, under the Note Purchase Agreement or under any other Note Document or now or hereafter existing at law or in equity or by statute or otherwise.
Remedies Cumulative. No remedy conferred upon the Holder herein or in the Note Purchase Agreement or any other Note Document is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder, under the Note Purchase Agreement or under any other Note Document or now or hereafter existing at law or in equity or by statute or otherwise.
Remedies Cumulative. No remedy conferred upon the Holder herein or in the Note Purchase Agreement or any other Note Loan Document is intended to be exclusive of any other remedy remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder, under the Note Purchase Agreement or under any other Note Loan Document or now or hereafter existing at law or in equity or by statute or otherwise.
Remedies Cumulative. The rights or remedies of Lender as provided in this Note and any instrument securing payment of this Note shall be cumulative and concurrent and may be pursued singly, successively, or together against Borrower and the real property described in the Loan Documents, and any other funds, property or security held by Lender for the payment hereof or otherwise at the sole discretion of Lender. The failure to exercise any such right or remedy shall in no event be construed as a waiver or release of ...such rights or remedies or the right to exercise them at any later time.View More
Remedies Cumulative. The rights or remedies of Lender as provided in this Note and any instrument securing payment of this Note shall be cumulative and concurrent and may be pursued singly, individually, successively, or together against Borrower and Borrower, the real property described in the Loan Documents, Real Property, and any other funds, property or security held by Lender for the payment hereof or otherwise at the sole discretion of Lender. The failure to exercise any such right or remedy shall in no event ...be construed as a waiver or release of such rights or remedies or the right to exercise them at any later time. View More
Remedies Cumulative. The rights or remedies of Lender as Bank provided in this Note and any instrument securing payment of this Note shall be cumulative and concurrent and may be pursued singly, successively, or together against Borrower and the real property described in the Loan Documents, and any other funds, property or security held by Lender Bank for the payment hereof or otherwise at the sole discretion of Lender. Bank. The failure to exercise any such right or remedy shall in no event be construed as a waive...r or release of such rights or remedies or the right to exercise them at any later time. View More
Remedies Cumulative. No failure on the part of Agent to exercise, and no delay in exercising and no course of dealing with respect to, any power, privilege or right under this Agreement or any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise by Agent of any power, privilege or right under this Agreement or any other Loan Document preclude any other or further exercise thereof or the exercise of any other such power, privilege or right. The powers, privileges and rights ...in this Agreement and the other Loan Documents are cumulative and are not exclusive of any other remedies provided by law.View More
Remedies Cumulative. No failure on the part of Agent Bank to exercise, and no delay in exercising and no course of dealing with respect to, any power, privilege or right under this Agreement, the Loan Agreement or any of the other Loan Document Documents shall operate as a waiver thereof; nor shall any single or partial exercise by Agent Bank of any power, privilege or right under this Agreement, the Loan Agreement or any the other Loan Document Documents preclude any other or further exercise thereof or the exercis...e of any other such power, privilege or right. The powers, 8 privileges and rights in this Agreement, the Loan Agreement and the other Loan Documents are cumulative and are not exclusive of any other remedies provided by law. View More
Remedies Cumulative. No failure on the part of Administrative Agent to exercise, and no delay in exercising and no course of dealing with respect to, any power, privilege or right under this Agreement or any other Loan Financing Document shall operate as a waiver thereof; nor shall any single or partial exercise by Administrative Agent of any power, privilege or right under this Agreement or any other Loan Financing Document preclude any other or further exercise thereof or the exercise of any other such power, priv...ilege or right. The powers, privileges and rights in this Agreement and the other Loan Financing Documents are cumulative and are not exclusive of any other remedies provided by law. View More
Remedies Cumulative. The rights and remedies of Lender as provided in this Note and in each of the Security Instruments shall be cumulative and concurrent and may be pursued singly, successively or together against Borrower, any of the Properties, or any other persons or entities who are, or may become liable for all or any part of this indebtedness, and any other funds, property or security held by Lender for the payment hereof, or otherwise, at the sole discretion of Lender. Failure to exercise any such right or r...emedy shall in no event be construed as a waiver or release of such rights or remedies, or the right to exercise them at any later time. The right, if any, of Borrower, and all other persons or entities, who are, or may become, liable for this indebtedness, to plead any and all statutes of limitation as a defense is expressly waived by ach and all of such parties to the full extent permissible by law. 4 Promissory Note 11. Security Instrument Provisions Regarding Transfers: Successors. Each of the Security Instruments securing this Note contains provisions for the acceleration of the indebtedness evidenced hereby upon a "Transfer" (as therein defined). Subject to the limitations on Transfer specified in each of the Security Instruments, the provisions hereof shall be binding on the heirs, legal representative,s successors and assigns of Borrower and shall inure to the benefit of Lender and the successors and assigns of Lender.View More
Remedies Cumulative. The rights and remedies of Lender as provided in this Note and in each of the Security Instruments Deeds of Trust shall be cumulative and concurrent and may be pursued singly, successively or together against Borrower, any of the Properties, or any other persons or entities who are, or may become liable for all or any part of this indebtedness, and any other funds, property or security held by Lender for the payment hereof, or otherwise, at the sole discretion of Lender. Failure to exercise any ...such right or remedy shall in no event be construed as a waiver or release of such rights or remedies, or the right to exercise them at any later time. The right, if any, of Borrower, and all other persons or entities, who are, or may become, liable for this indebtedness, to plead any and all statutes of limitation as a defense is expressly waived by ach each and all of such parties to the full extent permissible by law. 4 Promissory 4Promissory Note 11. Security Instrument Deeds of Trust Provisions Regarding Transfers: Transfers; Successors. Each of the Security Instruments Deeds of Trust securing this Note contains provisions for the acceleration of the indebtedness evidenced hereby upon a "Transfer" (as therein defined). Subject to the limitations on Transfer specified in each of the Security Instruments, Deeds of Trust, the provisions hereof shall be binding on the heirs, legal representative,s representatives, successors and assigns of Borrower and shall inure to the benefit of Lender and the successors and assigns of Lender. View More
Remedies Cumulative. Each right, power or privilege specified or referred to in this Agreement is in addition to any other rights, powers and privileges that Lender may have or acquire by operation of law, by other contract or otherwise. Each right, power or privilege may be exercised by Lender either independently or concurrently with other rights, powers and privileges and as often and in such order as Lender may deem expedient. All of the rights and remedies of Lender with respect to the Collateral, whether estab...lished hereby or by the Loan Documents, or by any other agreements or by law shall be cumulative and may be executed singularly or concurrently.View More
Remedies Cumulative. Each right, power or privilege specified or referred to in this Agreement is in addition to any other rights, powers and privileges that Lender the Holder may have or acquire by operation of law, by other contract or otherwise. Each right, power or privilege may be exercised by Lender the Holder either independently or concurrently with other rights, powers and privileges and as often and in such order as Lender the Holder may deem expedient. All of the rights and remedies of Lender the Holder w...ith respect to the Collateral, whether established hereby or by the Loan Documents, Note, or by any other agreements or by law shall be cumulative and may be executed singularly or concurrently. View More
Remedies Cumulative. Each right, power or privilege specified or referred to in this Agreement is in addition to any other rights, powers and privileges that Lender the Administrative Agent or the Lenders may have or acquire by operation of law, by other contract or otherwise. Each right, power or privilege may be exercised by Lender the Administrative Agent and the Lenders either independently or concurrently with other rights, powers and privileges and as often and in such order as Lender the Administrative Agent ...and the Lenders may deem expedient. All of the rights and remedies of Lender the Administrative Agent and the Lenders with respect to the Collateral, whether established hereby or by the Loan Documents, or by any other agreements or by law shall be cumulative and may be executed singularly or concurrently. View More
Remedies Cumulative. Each right, power or privilege specified or referred to in this Agreement is in addition to any other rights, powers and privileges that Lender the Administrative Agent or the Lenders may have or acquire by operation of law, by other contract or otherwise. Each right, power or privilege may be exercised by Lender the Administrative Agent and the Lenders either independently or concurrently with other rights, powers and privileges and as often and in such order as Lender the Administrative Agent ...and the Lenders may deem expedient. All of the rights and remedies of Lender the Administrative Agent and the Lenders with respect to the Collateral, whether established hereby or by the Loan Documents, or by any other agreements or by law shall be cumulative and may be executed singularly or concurrently. View More
Remedies Cumulative. The rights and remedies of Payee provided in this Note shall be cumulative and concurrent and exclusive of all rights and remedies provided by law or in equity and Payee may, at its election, pursue its rights and remedies against the Maker hereunder or thereunder, singly, successively, or together, at the sole discretion of Payee, and all of such rights and remedies may be exercised separately as often as occasion therefor shall occur. The failure of Payee to exercise any such right or remedy s...hall in no event be construed as a waiver or release thereof. 5 14. Severability. If any provision of this Note is held to be invalid or unenforceable by a court of competent jurisdiction, the other provisions of this Note shall remain in full force and effect and shall be unaffected thereby.View More
Remedies Cumulative. The rights and remedies of Payee provided in this Note shall be cumulative and concurrent and exclusive of all rights and remedies provided by law or in equity and Payee may, at its election, pursue its rights and remedies against the Maker hereunder or thereunder, singly, successively, or together, at the sole discretion of Payee, and all of such rights and remedies may be exercised separately as often as occasion therefor shall occur. The failure of Payee to exercise any such right or remedy s...hall in no event be construed as a waiver or release thereof. 5 14. Severability. If any provision of this Note is held to be invalid or unenforceable by a court of competent jurisdiction, the other provisions of this Note shall remain in full force and effect and shall be unaffected thereby.View More
Remedies Cumulative. Each right, power and remedy of Bank hereunder, under the other Loan Documents or now or hereafter existing at law, in equity, by statute or otherwise shall be cumulative and concurrent, and the exercise or the beginning of the exercise of any one or more of them shall not preclude the simultaneous or later exercise by Bank of any or all such other rights, powers or remedies. No failure or delay by Bank to insist upon the strict performance of any one or more provisions of this Note or of the Lo...an Documents or to exercise any right, power or remedy consequent upon a breach thereof or a default hereunder shall constitute a waiver thereof, or preclude Bank from exercising any such other rights, powers or remedy. By accepting full or partial payment after the due date of any amount of principal or interest on this Note, or other amounts payable on demand, Bank shall not be deemed to have waived the right either to require prompt payment when due and payable of all other amounts of principal or interest on this Note or other amounts payable on demand, or to exercise any rights and remedies available to it in order to collect all such other amounts due and payable under this Note.View More
Remedies Cumulative. Each right, power and remedy of Bank the Lender hereunder, under the other Loan Documents or now or hereafter existing at law, in equity, by statute or otherwise shall be cumulative and concurrent, and the exercise or the beginning of the exercise of any one or more of them shall not preclude the simultaneous or later exercise by Bank the Lender of any or all such other rights, powers or remedies. No failure or delay by Bank the Lender to insist upon the strict performance of any one or more pro...visions of this Note or of the Loan Documents or to exercise any right, power or remedy consequent upon a breach thereof or a default hereunder shall constitute a waiver thereof, thereof or preclude Bank the Lender from exercising any such other rights, powers right, power or remedy. By accepting full or partial payment after the due date of any amount of principal of or interest on this Note, or other amounts payable on demand, Bank the Lender shall not be deemed to have waived the right either to require prompt payment when due and payable of all other amounts of principal of or interest on this Note or other amounts payable on demand, or to exercise any rights and remedies available to it in order to collect all such other amounts due and payable under this Note. View More