Common use of No Waiver; Remedies Clause in Contracts

No Waiver; Remedies. No failure on the part of the Trustee to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 119 contracts

Samples: Guaranty (Petrobras - Petroleo Brasileiro Sa), Guaranty (Petrobras - Petroleo Brasileiro Sa), Guaranty (Petrobras - Petroleo Brasileiro Sa)

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No Waiver; Remedies. No failure on the part of the Trustee or any Holder of the Debt Securities to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 46 contracts

Samples: Guarantee (Altria Group, Inc.), Guarantee (Altria Group, Inc.), Guarantee (Altria Group, Inc.)

No Waiver; Remedies. No failure on the part of the Trustee Senior Lender to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 23 contracts

Samples: Intercreditor Agreement, Intercreditor Agreement, Intercreditor Agreement

No Waiver; Remedies. No failure on the part of the Security Trustee to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 11 contracts

Samples: Security Agreement (Wheels Up Experience Inc.), Aircraft Mortgage and Security Agreement (General Electric Capital Corp), Aircraft Mortgage and Security Agreement (General Electric Capital Corp)

No Waiver; Remedies. No failure on the part of any Holder or the Trustee to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 11 contracts

Samples: Indenture (Baytex Energy LTD), Guarantee (Northrop Grumman Corp /De/), Guarantee (Northrop Grumman Corp /De/)

No Waiver; Remedies. No failure on the part of the Trustee or any Holder (but subject always to the provisions of Section 15 hereof) to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 8 contracts

Samples: Subordinated Guarantee (Manulife Financial Corp), Subordinated Guarantee (Manulife Financial Corp), Subordinated Guarantee (Manulife Financial Corp)

No Waiver; Remedies. No failure on the part of the Trustee Landlord to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by lawavailable at law or equity.

Appears in 7 contracts

Samples: Property Lease Agreement (Brookdale Senior Living Inc.), Property Lease Agreement (Brookdale Senior Living Inc.), Property Lease Agreement (Brookdale Senior Living Inc.)

No Waiver; Remedies. No failure on the part of any Holder ------------------- or the Trustee to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 6 contracts

Samples: Supplemental Indenture (Northrop Grumman Corp /De/), Supplemental Indenture (Northrop Grumman Corp /De/), Guarantee (Northrop Grumman Corp /De/)

No Waiver; Remedies. No failure on the part of the Trustee or any Holder of a Note to exercise, and no delay in exercisingexercise, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law. No Holder shall be entitled to enforce any provision of this Note other than through the Trustee except as expressly specified in the Indenture.

Appears in 5 contracts

Samples: Guaranty (Loral Space & Communications LTD), Guaranty (Loral Cyberstar Inc), Guaranty (Loral Space & Communications LTD)

No Waiver; Remedies. No failure on the part of the Trustee or any Holder of any series of Securities to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 5 contracts

Samples: Guarantee (Danaher Corp /De/), Guarantee (Danaher Corp /De/), Guarantee (Danaher Corp /De/)

No Waiver; Remedies. No failure on the part of the Trustee any holder or owner of Senior Indebtedness to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 5 contracts

Samples: Purchase Agreement (Psi Technologies Holdings Inc), Exchangeable Subordinated Note (Txu Us Holdings Co), Exchangeable Senior Subordinated Note (Merrill Lynch & Co Inc)

No Waiver; Remedies. No failure on the part of the Trustee or any Holder of any series of Notes to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 4 contracts

Samples: Guarantee Agreement (General Electric Co), Guarantee Agreement (Walgreens Boots Alliance, Inc.), Guarantee Agreement (Walgreen Co)

No Waiver; Remedies. No failure on the part of the Trustee or any Holder of the Securities to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 3 contracts

Samples: Supplemental Indenture (Hewlett Packard Enterprise Co), Supplemental Indenture (Sysco Corp), Guarantee (Sysco Corp)

No Waiver; Remedies. No failure on the part of any Debtholder or the Indenture Trustee to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 3 contracts

Samples: Trust Indenture (Baytex Energy Corp.), Trust Indenture (Baytex Energy Corp.), Trust Indenture (Baytex Energy Trust)

No Waiver; Remedies. No failure on the part of the Facility Administrator or the Indenture Trustee to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The To the extent permitted by law, the remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Bluegreen Corp), Sale and Servicing Agreement (Bluegreen Corp), Sale and Servicing Agreement (Bluegreen Corp)

No Waiver; Remedies. No failure on the part of the Trustee or any Holder to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 3 contracts

Samples: Parent Guarantee Agreement (3m Co), Third Supplemental Indenture (Allstate Corp), Third Supplemental Indenture (National General Holdings Corp.)

No Waiver; Remedies. No failure on the part of the Trustee or the Administrative Agent to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; thereof nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 2 contracts

Samples: Guaranty Agreement, Guaranty Agreement (NewStar Financial, Inc.)

No Waiver; Remedies. No failure on the part of the Trustee Trustee, the Agents or the Note Purchasers to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 2 contracts

Samples: Warehouse Note Purchase and Security Agreement (Nelnet Inc), Warehouse Note Purchase and Security Agreement (Nelnet Inc)

No Waiver; Remedies. No In addition to, and not in limitation of Section 2.5, no failure on the part of the Trustee to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Ferro Corp), Pledge and Security Agreement (Ferro Corp)

No Waiver; Remedies. No failure on the part of the Indenture Trustee to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Alesco Financial Inc), Guarantee (Alesco Financial Inc)

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No Waiver; Remedies. No failure on the part of the Owner Trustee to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 1 contract

Samples: Reimbursement Agreement (Waste Management Inc)

No Waiver; Remedies. No failure on the part of the Trust or the Trustee to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 1 contract

Samples: Guarantee (Manulife Financial Corp)

No Waiver; Remedies. No failure on the part of the Trustee or any holder of the Debt Securities to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 1 contract

Samples: Guarantee (Altria Group, Inc.)

No Waiver; Remedies. No failure on the part of the Trustee or any Holder of the Notes to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 1 contract

Samples: Guarantee Agreement (Spectrum Brands Holdings, Inc.)

No Waiver; Remedies. No failure on the part of the Trustee to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law. SECTION 13.

Appears in 1 contract

Samples: Guaranty

No Waiver; Remedies. No failure on the part of the Trustee ------------------- to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 1 contract

Samples: Standby Purchase Agreement (Petrobras International Finance Co)

No Waiver; Remedies. No failure on the part of any Holder ------------------- or the Trustee to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.other

Appears in 1 contract

Samples: Supplemental Indenture (Northrop Grumman Corp /De/)

No Waiver; Remedies. No failure on the part of the Trustee Holder to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided in this Agreement are cumulative and not exclusive of any remedies provided by law.

Appears in 1 contract

Samples: Novation and Assumption of Payment Obligation Agreement (Leap Wireless International Inc)

No Waiver; Remedies. No failure on the part of the Trustee Charterer to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 1 contract

Samples: Bareboat Charter Agreement (Pogo Producing Co)

No Waiver; Remedies. No failure on the part of the Trustee or the Lenders to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 1 contract

Samples: Warehouse Loan and Security Agreement (Nelnet Inc)

No Waiver; Remedies. No failure on the part of any Holder or the Debentures Trustee to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 1 contract

Samples: Indenture (Citadel License Inc)

No Waiver; Remedies. No failure on the part of any Holder or the Trustee to exercise, and no delay in exercising, any right hereunder or under the Indenture or the Notes shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder or under the Indenture or the Notes preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Appears in 1 contract

Samples: Trust Indenture (Perpetual Energy Inc.)

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