Common use of Delay or Omission Not Waiver Clause in Contracts

Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Securities or any holder of any Preferred 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 V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Securities, as the case may be.

Appears in 178 contracts

Samples: Junior Subordinated Indenture (Paragon Commercial CORP), Junior Subordinated Indenture (Entegra Financial Corp.), Junior Subordinated Indenture (Ameris Bancorp)

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Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Securities Security or any holder of any Preferred 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 V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Securities, as the case may be.

Appears in 31 contracts

Samples: Junior Subordinated Indenture (Silicon Valley Bancshares), Junior Subordinated Indenture (Silicon Valley Bancshares), Indenture (Comerica Inc /New/)

Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Security with respect to the Securities or any holder of any Preferred Security to exercise any right or remedy accruing upon any Event of Default with respect to the Securities 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 Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Securities, as the case may be.

Appears in 8 contracts

Samples: Junior Subordinated Indenture (GCB Capital Trust), Junior Subordinated Indenture (Fb Capital Trust), Junior Subordinated Indenture (BNB Capital Trust)

Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Securities or any holder of any Preferred 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 V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Securities, as the case may be.

Appears in 6 contracts

Samples: Indenture (Ingersoll Rand Co), Indenture (Ingersoll Rand Co), Junior Subordinated Indenture (MRM Capital Trust Iii)

Delay or Omission Not Waiver. No delay or omission of the Trustee, Trustee or of any Holder of any Securities or any holder of any Preferred 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 any acquiescence therein. Every right and remedy given by this Article V Five or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, Trustee or (subject to the limitations contained in this Indenture) by the Holders or the holders of Preferred Securities, as the case may be.

Appears in 6 contracts

Samples: Indenture (Vantive Corp), Indenture (Atmel Corp), Indenture (Cypress Semiconductor Corp /De/)

Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Securities or any holder of any Preferred 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 V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by in Section 5.8 5.07 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Securities, as the case may be.

Appears in 5 contracts

Samples: Indenture (State National Companies, Inc.), Indenture (First Mercury Financial Corp), Indenture (First Mercury Financial Corp)

Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Securities or any holder of any Preferred 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 ARTICLE V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section SECTION 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Securities, as the case may be.

Appears in 4 contracts

Samples: Junior Subordinated Indenture (Bankatlantic Bancorp Inc), Junior Subordinated Indenture (Uici), Junior Subordinated Indenture (Bankatlantic Bancorp Inc)

Delay or Omission Not Waiver. No delay or omission of the Trustee, Trustee or of any Holder of any Securities or any holder of any Preferred 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 any acquiescence therein. Every right and remedy given by this Article V Five or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, Trustee or (subject to the limitations contained in this Indenture) by the Holders or the holders of Preferred Securities, Securities as the case may be.

Appears in 4 contracts

Samples: Indenture (Sports Authority Inc /De/), Indenture (DSC Communications Corp), Indenture (Alcatel Usa Inc)

Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Securities Security or any holder of any Preferred Capital Security to exercise any right or remedy accruing upon any Event of Default with respect to the Securities of the related series 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 Trustee or to the Holders and the right and remedy given to the holders of Preferred Capital Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Capital Securities, as the case may be.

Appears in 4 contracts

Samples: Junior Subordinated Indenture (Centura Banks Inc), Junior Subordinated Indenture (Colonial Bancgroup Inc), Junior Subordinated Indenture (Southern States Capital Trust I)

Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Securities Security or any holder of any Preferred Trust 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 V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Trust Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Trust Preferred Securities, as the case may be.

Appears in 3 contracts

Samples: Junior Subordinated Indenture (Evans Capital Trust III), Trust Agreement (Privatebancorp Capital Trust Iv), Junior Subordinated Indenture (Bridge Statutory Capital Trust I)

Delay or Omission Not Waiver. No delay or omission of the Trustee, Trustee or of any Holder of any Securities or any holder of any Preferred 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 any acquiescence therein. Every right and remedy given by this Article V ARTICLE FIVE or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, Trustee or (subject to the limitations contained in this Indenture) by the Holders or the holders of Preferred Securities, Securities as the case may be.

Appears in 3 contracts

Samples: Indenture (Millennium Pharmaceuticals Inc), Indenture (Etoys Inc), Indenture (Etoys Inc)

Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Securities Debenture or any holder of any Preferred 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 V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Securities, as the case may be.

Appears in 3 contracts

Samples: Indenture (Txi Capital Trust I), Indenture (Caremark Rx Inc), Indenture (Gentiva Health Services Inc)

Delay or Omission Not Waiver. No delay or omission of the Trustee, Trustee or of any Holder of any Securities or any holder of any Preferred 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 any acquiescence therein. Every right and remedy given by this Article V Five or by ------------ law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, Trustee or (subject to the limitations contained in this Indenture) by the Holders or the holders of Preferred Securities, Securities as the case may be.

Appears in 3 contracts

Samples: Indenture (Medarex Inc), Indenture (Medarex Inc), Indenture (Digital Island Inc)

Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Securities Security or any holder of any Preferred 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 V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Trust Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Trust Preferred Securities, as the case may be.

Appears in 3 contracts

Samples: Junior Subordinated Indenture (First Interstate Bancsystem of Montana Inc), Junior Subordinated Indenture (Fib Capital Trust), Junior Subordinated Indenture (Fib Capital Trust)

Delay or Omission Not Waiver. No delay or omission of the Trustee, Trustee or of any Holder of any Securities or any holder of any Preferred 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 any acquiescence therein. Every right and remedy given by this Article V Four or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, Trustee or (subject to the limitations contained in this Indenture) by the Holders or the holders of Preferred Securities, as the case may be.

Appears in 3 contracts

Samples: Indenture (Cell Therapeutics Inc), Indenture (Asm International N V), Indenture Agreement (Protein Design Labs Inc/De)

Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Securities Security or any holder of any Preferred Security to exercise any right or remedy accruing upon any Event of Default with respect to the Securities of the related series 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 Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Securities, as the case may be.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Bt Capital Trust B), Junior Subordinated Indenture (Bt Preferred Capital Trust Iv)

Delay or Omission Not Waiver. No delay or omission of the Trustee, Trustee or of any Holder of any Securities or any holder of any Preferred 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 any acquiescence therein. Every right and remedy given by this Article V 5 or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, Trustee or (subject to the limitations contained in this Indenture) by the Holders or the holders of Preferred Securities, as the case may be.

Appears in 2 contracts

Samples: Indenture (Drdgold LTD), Indenture (Ventro Corp)

Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Securities Security or any holder of any Preferred Preference 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 V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Preference Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Preference Securities, as the case may be.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Hl&p Capital Trust I), Junior Subordinated Indenture (Hl&p Capital Trust Iv)

Delay or Omission Not Waiver. No delay or omission of the Trustee, ---------------------------- Trustee or of any Holder of any Subordinated Securities or any holder of any Preferred Security Coupons 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 6.06, every right and remedy given by this Article V Six or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, Trustee or by the Holders or the holders of Preferred SecuritiesHolders, as the case may be.

Appears in 2 contracts

Samples: Subordinated Indenture (Exodus Communications Inc), Subordinated Indenture (Exodus Communications Inc)

Delay or Omission Not Waiver. No delay or omission of the Trustee, Trustee or of any Holder of any Securities or any holder of any Preferred 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 any acquiescence therein. Every right and remedy given by this Article V Five or ------------ by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, Trustee or (subject to the limitations contained in this Indenture) by the Holders or the holders of Preferred Securities, Securities as the case may be.

Appears in 2 contracts

Samples: Indenture (Siebel Systems Inc), Indenture (Cor Therapeutics Inc / De)

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Delay or Omission Not Waiver. No delay or omission of the Trustee, Trustee or any Holder of any Securities or any holder of any Preferred 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 V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Securities, as the case may be.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Anthracite Capital Inc)

Delay or Omission Not Waiver. No delay or omission of the Trustee, Indenture Trustee or of any Holder of any Securities or any holder of any Preferred Security 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 Six or by law to the Indenture Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, Indenture Trustee or by the Holders or the holders of Preferred SecuritiesNoteholders, as the case may be, subject in each case, however, to the right of the Majority Holders to control any such right and remedy except as provided in Section 6.14 hereof.

Appears in 1 contract

Samples: Indenture (Microfinancial Inc)

Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Securities or any holder of any Preferred 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 V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Securities, as the case may be. SECTION 5.12.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Simmons First National Corp)

Delay or Omission Not Waiver. No delay or omission of ----------------------------- the Trustee, any Holder of any Securities Security or any holder of any Preferred 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 V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 5.08 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Securities, as the case may be.

Appears in 1 contract

Samples: Junior Subordinated Indenture (National Commerce Financial Corp)

Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Securities or any holder of any Preferred 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 V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Securities, as the case may be.. 39

Appears in 1 contract

Samples: Junior Subordinated Indenture (Simmons First National Corp)

Delay or Omission Not Waiver. No delay or omission of the Trustee, Trustee or of any Holder of any Securities or any holder of any Preferred 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 any acquiescence therein. Every right and remedy given by this Article V 5 or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, Trustee or (subject to the limitations contained in this Indenture) by the Holders or the holders of Preferred Securities, Securities as the case may be.

Appears in 1 contract

Samples: Indenture (Shire PLC)

Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Securities or any holder of any Preferred 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 V or by law to the Trustee or to the Holders and the right and remedy given even to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Securities, as the case may be.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Novastar Financial Inc)

Delay or Omission Not Waiver. No delay or omission of the ------------- ---------------------------- Trustee, any Holder of any Securities Security or any holder of any Preferred Capital 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 V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Capital Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Capital Securities, as the case may be.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Chittenden Capital Trust I)

Delay or Omission Not Waiver. No delay or omission of the Trustee, Trustee or any Holder of any Securities Security or any holder of any Preferred Capital Security to exercise any right or remedy accruing upon any Event of Default with respect to the Securities of the related series 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 Trustee or to the Holders and the right and remedy given to the holders of Preferred Capital Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders Holders, or the holders of Preferred Capital Securities, as the case may be.

Appears in 1 contract

Samples: Securities Purchase Agreement (DPL Inc)

Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Securities Security or any holder of any Preferred Security 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 V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 7.08 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of the Preferred Securities, as the case may be.

Appears in 1 contract

Samples: Indenture (First Chicago NBD Capital Iv)

Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Securities Security or any holder of any Preferred 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 V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 and 5.9 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Securities, as the case may be.

Appears in 1 contract

Samples: Subordinated Indenture (Delphi Financial Group Inc/De)

Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Securities or any holder of any Preferred 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 V or by law to the Trustee or to the Holders and --------- the right and remedy given to the holders of Preferred Securities by Section 5.8 ----------- may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Securities, as the case may be.

Appears in 1 contract

Samples: Junior Subordinated Indenture (First Banks, Inc)

Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder holder of any Securities Security or any holder of any Preferred 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 V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders holders or the holders of Preferred Securities, as the case may be.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Praegitzer Industries Inc)

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