Common use of Cumulative Rights, No Waivers Clause in Contracts

Cumulative Rights, No Waivers. Each and every right, remedy and power granted to the Trustee or the Holders hereunder shall be cumulative and in addition to any other right, remedy or power specifically granted herein, in the Indenture or the other Senior Debt Documents or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by the Trustee or the Holders, from time to time, concurrently or independently and as often and in such order as the Trustee or the Holders may deem expedient. Any failure or delay on the part of the Trustee or the Holders in exercising any such right, remedy or power, or abandonment or discontinuance of steps to enforce the same, shall not operate as a waiver thereof or affect the rights of the Trustee or the Holders thereafter to exercise the same, and any single or partial exercise of any such right, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, or power, and no such failure, delay, abandonment or single or partial exercise of the rights of the Trustee or the Holders hereunder shall be deemed to establish a custom or course of dealing or performance among any of the parties hereto. Any failure or delay on the part of any Junior Creditor or Junior Trustee in exercising any right, remedy or power pursuant to the Junior Debt Documents because of the terms of this Agreement, or any abandonment or discontinuance of steps to enforce the same, shall not operate as a waiver thereof or affect the rights of the Junior Creditors or Junior Trustee thereafter to exercise the same, and any single or partial exercise of any such right, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, or power, and no such failure, delay, abandonment or single or partial exercise of the rights of the Junior Creditor or Junior Trustee because of the terms of this Agreement shall be deemed to establish a custom or course of dealing or performance among the Obligors and Junior Creditor or Junior Trustee.

Appears in 5 contracts

Samples: Intercreditor Agreement (FiberTower CORP), Intercreditor Agreement (FiberTower CORP), Intercreditor Agreement (FiberTower CORP)

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