Common use of Delay or Omission Not Waiver Clause in Contracts

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note Noteholder to exercise any right or remedy accruing upon any Event of Default shall will impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders Holders of Notes may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may beHolders of Notes.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note Noteholder to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article VI or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an any acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders holders of Notes may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholdersholders of Notes, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article V or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Event of Default shall will impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article VII or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note Noteholder to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence thereintherein or a waiver of a subsequent Event of Default. Every right and remedy given by this Article 5 or by law to the Indenture Trustee Trustee, or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee Trustee, or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such right or remedy accruing upon any Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders any Holder may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholderssuch Holder, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note Notes to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders Holders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee (subject to the limitations contained in this Indenture) or by the NoteholdersHolders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder Noteholder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article VI or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Event of Default shall will impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder holder of any Note to exercise any right or remedy accruing upon any Indenture Event of Default shall impair any such right or remedy or constitute a waiver of any such Indenture Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note Debentureholder to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders Debentureholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the NoteholdersDebentureholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders Holders of the Notes may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the NoteholdersHolders of the Notes, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee Trustee, the Insurer or of any Holder holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee Trustee, the Insurer or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee Trustee, the Insurer or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No failure to exercise and no delay or omission in exercising, on the part of the Indenture Trustee or of any Holder of any Note to exercise Noteholder or other Person, any right or remedy accruing occurring hereunder upon any Event of Default shall impair any such right or remedy or constitute a waiver thereof of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article V or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee Trustee, of the Note Insurer or of any Holder of any Note Noteholder to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee Trustee, to the Note Insurer or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee Trustee, the Note Insurer or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee Trustee, or of any Holder of any Note Noteholder to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence thereintherein or a waiver of a subsequent Event of Default. Every right and remedy given by this Article 5 or by law to the Indenture Trustee Trustee, or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee Trustee, or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note Noteholder to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an any acquiescence therein. Every right and remedy given by this Article VI or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note Noteholder to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article Indenture or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, to the extent permitted by applicable law, by the Indenture Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article VII or by law to the Indenture Trustee or to the Noteholders Holders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee (subject to the limitations contained in this Indenture) or by the NoteholdersHolders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note Noteholder to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article Indenture or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, to the extent permitted by Applicable Law, by the Indenture Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every Subject to the provisions of Section 4.02, every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders Holders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the NoteholdersHolders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note Certificateholder to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders Certificateholders may be exercised from time to time, and as often as may be deemed expedient, as permitted under the terms hereof, by the Indenture Trustee or by the NoteholdersCertificateholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an any acquiescence therein. Every right and remedy given by this Article VII or by law to the Indenture Trustee or to the Noteholders holders of Notes may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholdersholders of Notes, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder holder of any Note the Notes to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article Section 6.6 or by law to the Indenture Trustee or to the Noteholders holders of the Notes may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholdersholders of the Notes, as in each case in accordance with the case may beterms of this Indenture.

Delay or Omission Not Waiver. No delay or omission of the Indenture ---------------------------- Trustee or of any Holder holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an any acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders holders of Notes may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholdersholders of Notes, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders holders of Notes may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholdersholders of Notes, as the case may be.

Delay or Omission Not Waiver. No failure to exercise and no delay or omission in exercising, on the part of the Indenture Trustee or of any Holder of any Note to exercise Noteholder or other Person, any right or remedy accruing occurring hereunder upon any Event of Default shall will impair any such right or remedy or constitute a waiver thereof of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article V or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Indenture Event of Default shall impair any such right or remedy or constitute a waiver of any such Indenture Event of Default or an acquiescence therein. Every right and remedy given by this Article IX or by law to the Indenture Trustee or to the Noteholders Holders of Notes may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the NoteholdersHolders of Notes, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note the Debentures to exercise any right or remedy accruing upon any Debenture Event of Default that shall have occurred and be continuing shall impair any such right or remedy remedy, or constitute a waiver of any such Debenture Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders Holders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the NoteholdersHolders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder holder of any Note Debenture to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an any acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders holders of Debentures may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholdersholders of Debentures, as the case may be.

Delay or Omission Not Waiver. No delay or omission of any of the Indenture Trustee Trustee, the related Series Controlling Party or of any Holder of any related Note to exercise any right or remedy accruing upon any related Default or related Event of Default shall impair any such right or remedy or constitute a waiver of any such related Default or related Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders related Holders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholdersrelated Holders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an any acquiescence therein. Every right and remedy given by this Article VIII or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note Subordinated Notes to exercise any contractual right or remedy expressly set forth in this Indenture accruing upon any Event of Default shall will impair any such right or remedy or constitute a waiver of or acquiescence in any such Event of Default or an acquiescence thereinDefault. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders Holders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the NoteholdersHolders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder holder of any Note to exercise any right or remedy accruing upon any Indenture Event of Default shall impair any such right or remedy or constitute a waiver of any such Indenture Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note Debenture to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article ARTICLE 9 or by law to the Indenture Trustee or to the Noteholders Holders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the NoteholdersHolders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article VI or by law to the Indenture Trustee or to the Noteholders Holders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee (subject to the limitations contained in this Indenture) or by the NoteholdersHolders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an any acquiescence therein. Every right and remedy given by this Article IX or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such right or remedy accruing upon any Event of Default or an acquiescence therein. Every right and remedy given by this Article 5 or by law to the Indenture Trustee or to the Noteholders any Holder may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholderssuch Holder, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note Notes to exercise any right or remedy accruing upon any Event of Default or Enforcement Event shall impair any such right or remedy or constitute a waiver of any such Event of Default or an Enforcement Event or any acquiescence therein. Every right and remedy given by this Article article or by law to the Indenture Trustee or to the Noteholders Holders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the NoteholdersHolders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note Debenture to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders Holders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the NoteholdersHolders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder holder of any Note Debt Security to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article 6 or by law to the Indenture Trustee or to the Noteholders Debtholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the NoteholdersDebtholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note Noteholder to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an any acquiescence therein. Every right and remedy given by this Article VII or by law to the Indenture Trustee or to the Noteholders holders of Notes may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholdersholders of Notes, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders Holders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee (subject to the limitations contained in this Indenture) or by the NoteholdersHolders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and and’ as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders Holders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee (subject to the limitations contained in the Indenture) or by the NoteholdersHolders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note or Coupon to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders any Holder of a Note or a Coupon may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholderssuch Holder, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note Noteholder to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders Noteholders, or any of them, may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholder or Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee Trustee, or of any Holder of any Note Noteholder to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article Indenture or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, to the extent permitted by applicable law, by the Indenture Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an any acquiescence therein. Every right and remedy given by this Article V or by law to the Indenture Trustee or to the Noteholders Holders of Notes may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or (subject to the limitations contained in this Indenture) by the Noteholders, Holders of Notes as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee Trustee[, the Insurer] or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note Debenture to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders Debentureholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the NoteholdersDebentureholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article VI by the Collateral Documents or the Convertible Note Collateral Documents or by law to the Indenture Trustee or to the Noteholders Holders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the NoteholdersHolders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Second-Priority Trustee or of any Holder of any Second-Priority Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Second-Priority Trustee or to the Noteholders Holders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Second-Priority Trustee or by the NoteholdersHolders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article 9 or by law to the Indenture Trustee or to the Noteholders holders of Notes may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholdersholders of Notes, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note Debt Security or coupon to exercise any right or remedy accruing upon any Covenant Breach or Event of Default shall impair any such right or remedy or constitute a waiver of any such Covenant Breach or Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders Holders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the NoteholdersHolders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note Notes to exercise any right or remedy accruing upon any Event of Default occurring and continuing with respect to the Notes shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article Six or by law to the Indenture Trustee or to the Noteholders Holders of Notes may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the NoteholdersHolders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee, the Collateral Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee, the Collateral Trustee or to the Noteholders Holders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee, the Collateral Trustee or by the NoteholdersHolders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note Noteholder to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders Noteholders, or any of them, may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders Holders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the NoteholdersHolders, as the case may be.

Delay or Omission Not Waiver. No delay or -------------------------------- omission of the Indenture Trustee or of any Holder of any Note Noteholder to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article V or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an any acquiescence therein. Every right and remedy given by this Article VII or by law to the Indenture Trustee or to the Noteholders may holders of Notes may, subject to the terms of this Indenture, be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholdersholders of Notes, as the case may be.

Delay or Omission Not Waiver. No To the extent permitted by Applicable Law, no delay or omission of the Indenture Trustee or of any Holder of any Note Notes to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders Holders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the NoteholdersHolders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee, or the Collateral Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article Six or by law to the Indenture Trustee, or the Collateral Trustee or to the Noteholders Holders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the NoteholdersHolders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note to exercise any right or remedy accruing occurring upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder holder of any Note the Notes to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article Section 6.6 or by law to the Indenture Trustee or to the Noteholders may be holders of the Notes maybe exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholdersholders of the Notes, as in each case in accordance with the case may beterms of this Indenture.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Default or Event of Default shall impair any such right or remedy or constitute a waiver of any such Default or Event of Default or an acquiescence therein. Every right and remedy given by this Article or VI, by law to the Indenture Trustee or to the Noteholders Holders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the NoteholdersHolders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture ---------------------------- Trustee or of any Holder holder of any Note Debenture to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an any acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders holders of Debentures may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholdersholders of Debentures, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver Waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article VI by the Collateral Documents or by law to the Indenture Trustee or to the Noteholders Holders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the NoteholdersHolders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder Noteholder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture ---------------------------- Trustee or of any Holder holder of any Note Certificate to exercise any right or remedy accruing upon any Event of Default or otherwise shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by the law to the Indenture Trustee or to the Noteholders Certificateholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the NoteholdersCertificateholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee, or the Collateral Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article VI or by law to the Indenture Trustee, or the Collateral Trustee or to the Noteholders Holders, may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the NoteholdersHolders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note Noteholder to exercise any right or remedy accruing upon any Event of Default shall will impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.. 124

Delay or Omission Not Waiver. 123 No delay or omission of the Indenture Trustee or of any Holder of any Note Noteholder to exercise any right or remedy accruing upon any Event of Default shall will impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note Noteholder to exercise any right or remedy accruing upon any Event of Default shall will impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law Applicable Law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be, in accordance with Applicable law including the relevant provisions of the UCC.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note Noteholder to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article V or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.. ARTICLE VI

Delay or Omission Not Waiver. No delay or omission of the Indenture ---------------------------- Trustee or of any Holder of any Convertible Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article VI, by the Convertible Note Guarantees, if any, or by law to the Indenture Trustee or to the Noteholders Holders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the NoteholdersHolders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Indenture Event of Default shall impair any such right or remedy or constitute a waiver of any such Indenture Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders Holders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the NoteholdersHolders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of ---------------------------- the Indenture Trustee or of any Holder of any Senior Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article 4 or by law to the Indenture Trustee or to the Noteholders Holders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the NoteholdersHolders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an any acquiescence therein. Every right and remedy given by this Article Six or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder holder of any Subordinated Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article 9 or by law to the Indenture Trustee or to the Noteholders holders of Subordinated Notes may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholdersholders of the Subordinated Notes, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Note Trustee or of any Holder of any Note Noteholder to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an any acquiescence therein. Every right and remedy given by this Article X or by law to the Indenture Note Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Note Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of ---------------------------- the Indenture Trustee or of any Holder holder of any Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an any acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders holders of Notes may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholdersholders of Notes, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note Noteholder to exercise any right or remedy accruing upon any Event of Default shall will impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Default or Event of Default shall impair any such right or remedy or constitute a waiver of any such Default or Event of Default or an acquiescence therein. Every right and remedy given by this Article 10 or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note Noteholder to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article V or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Event of Default shall will impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article VI or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note Noteholder to exercise any right or remedy accruing upon any Event of Default shall will impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.. 141

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note Debt Security to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders Holders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the NoteholdersHolders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note Debenture to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article 9 or by law to the Indenture Trustee or to the Noteholders Holders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the NoteholdersHolders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of any of the Indenture Trustee Trustee, the related Controlling Party or of any Holder of any related Note to exercise any right or remedy accruing upon any related Default or related Event of Default shall impair any such right or remedy or constitute a waiver of any such related Default or related Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders related Holders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholdersrelated Holders, as the case may be.

Delay or Omission Not Waiver. No delay or omission of the Indenture Trustee or of any Holder of any Note to exercise any right or remedy accruing upon any Default or Event of Default shall impair any such right or remedy or constitute a waiver of any such Default or Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Indenture Trustee or to the Noteholders Holders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the NoteholdersHolders, as the case may be.