Common use of No Waiver Clause in Contracts

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 303 contracts

Samples: Indenture (TransDigm Group INC), Indenture (O-I Glass, Inc. /DE/), Indenture (Alcoa Corp)

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No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 213 contracts

Samples: Indenture (Cinemark Usa Inc /Tx), Indenture (Azure Power Global LTD), Indenture (ReNew Energy Global PLC)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 12 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 12 at law, in equity, by statute or otherwise.

Appears in 32 contracts

Samples: Indenture (Qwest Corp), Indenture (Qwest Corp), Indenture (Qwest Corp)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 Ten shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and are not exclusive of any other rights, remedies or benefits which either may have under this Article 10 Ten at law, in equity, by statute or otherwise.

Appears in 28 contracts

Samples: Indenture (Transact LTD), Indenture (Digicel Pacific LTD), Indenture (Ardagh Group S.A.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 24 contracts

Samples: Indenture (CareTrust REIT, Inc.), Indenture (Renee Avenue Health Holdings LLC), Indenture (Intelsat S.A.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 Ten shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 Ten at law, in equity, by statute or otherwise.

Appears in 21 contracts

Samples: Indenture (Qorvo, Inc.), Indenture (Qorvo, Inc.), Indenture (Qorvo, Inc.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee Trustee, the Agents or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee Trustee, the Agents and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 16 contracts

Samples: Subordinated Indenture (Aptiv Corp), Subordinated Indenture (Aptiv Corp), Senior Indenture (Aptiv Corp)

No Waiver. Neither a failure nor a delay on the part of either of, the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 14 contracts

Samples: Senior Indenture (Janus Henderson Group PLC), Senior Indenture (NXP Semiconductors N.V.), Senior Indenture (NXP Semiconductors N.V.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 13 contracts

Samples: Indenture (Cco Holdings Capital Corp), Indenture (Charter Communications, Inc. /Mo/), Indenture (Charter Communications, Inc. /Mo/)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 12 contracts

Samples: Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee Trustee, the Collateral Agent or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee Trustee, the Collateral Agent and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either that any of them may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 11 contracts

Samples: Indenture (Aquestive Therapeutics, Inc.), Indenture (Blue Water Acquisition Corp.), Indenture (Aquestive Therapeutics, Inc.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 ‎Article 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 ‎Article 11 at law, in equity, by statute or otherwise.

Appears in 10 contracts

Samples: Indenture (JBS S.A.), Indenture (JBS S.A.), Indenture (JBS Holding Luxembourg S.A R.L.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 Ten shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and are not exclusive of any other rights, remedies or benefits which either may have under this Article 10 Ten at law, in equity, by statute or otherwise.

Appears in 10 contracts

Samples: Indenture (Carnival PLC), Indenture (Royal Caribbean Cruises LTD), Indenture (Royal Caribbean Cruises LTD)

No Waiver. Neither a failure nor a delay on the part of either the Trustee Trustee, the Collateral Agent or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee Trustee, the Collateral Agent and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 8 contracts

Samples: Indenture (CBL & Associates Limited Partnership), Indenture (CBL & Associates Limited Partnership), Indenture (CBL & Associates Limited Partnership)

No Waiver. Neither a failure nor a delay on the part of either the Trustee Trustee, the Security Agent or the Holders in exercising any right, power or privilege under this Article 10 Ten shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee Trustee, the Security Agent and the Holders herein expressly specified are cumulative and are not exclusive of any other rights, remedies or benefits which either may have under this Article 10 Ten at law, in equity, by statute or otherwise.

Appears in 7 contracts

Samples: Indenture (Carnival PLC), Indenture (Norwegian Cruise Line Holdings Ltd.), Indenture (Royal Caribbean Cruises LTD)

No Waiver. Neither a failure nor a delay on the part of either the Trustee Trustees or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee Trustees and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 7 contracts

Samples: Indenture (Open Text Corp), Indenture (Open Text Corp), Indenture (Open Text Corp)

No Waiver. Neither a failure nor a delay on the part of --------- either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 7 contracts

Samples: Indenture (Wiser Marketing Co), Indenture (Armkel LLC), Indenture (Fs Equity Partners Iii Lp)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and are not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 7 contracts

Samples: Indenture (Foresight Energy LP), Indenture (Digicel Group LTD), Indenture (Digicel Group LTD)

No Waiver. Neither a failure nor a delay on the part ---------- of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 6 contracts

Samples: Indenture (Hudson Respiratory Care Inc), Indenture (Commercial Aggregates Transportation & Sales LLC), Indenture (DR Sales Inc)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the affected Guarantors and the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 5 contracts

Samples: Indenture (ARKO Corp.), Indenture (Murphy USA Inc.), Indenture (Murphy USA Inc.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 8 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 8 at law, in equity, by statute or otherwise.

Appears in 5 contracts

Samples: Supplemental Indenture (Tyson Foods Inc), Supplemental Indenture (Tyson Foods Inc), Supplemental Indenture (Tyson Foods Inc)

No Waiver. Neither a failure nor a delay on the part of either the Trustee, the Collateral Trustee or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee, the Collateral Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 4 contracts

Samples: Indenture (Denbury Resources Inc), Indenture (Denbury Resources Inc), Indenture (Denbury Resources Inc)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders of Notes in exercising any right, power or privilege under this Article 10 Ten shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders of Notes herein expressly specified are cumulative and are not exclusive of any other rights, remedies or benefits which either may have under this Article 10 Ten at law, in equity, by statute or otherwise.

Appears in 3 contracts

Samples: Indenture (Invitel Holdings a/S), Indenture (Invitel Holdings a/S), Indenture (Hungarian Telephone & Cable Corp)

No Waiver. Neither a failure nor a delay on the part of either of, the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Collateral Agents, the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 3 contracts

Samples: Senior Secured Indenture (NXP Semiconductors N.V.), Senior Secured Indenture (NXP Semiconductors N.V.), Senior Secured Indenture (NXP Manufacturing (Thailand) Co., Ltd.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 Ten shall operate as a waiver thereof, nor or shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 Ten at law, in equity, by statute or otherwise.

Appears in 3 contracts

Samples: Fourth Supplemental Indenture (Hanover Compression Lp), First Supplemental Indenture (Hanover Compressor Co /), Third Supplemental Indenture (Hanover Compressor Co /)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 or any other provision of this Indenture, at law, in equity, by statute or otherwise.

Appears in 2 contracts

Samples: Indenture (Capmark Affordable Properties LLC), Indenture (Capmark Financial Group Inc.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee Trustee, Notes Collateral Agent or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee Trustee, Notes Collateral Agent and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 2 contracts

Samples: Indenture (Global Brass & Copper Holdings, Inc.), Indenture (Metals USA Plates & Shapes Southcentral, Inc.)

No Waiver. Neither a failure nor a delay on the part of either any of the Trustee Trustee, Collateral Agent or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee Trustee, Collateral Agent and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 2 contracts

Samples: Indenture (Delta Tucker Holdings, Inc.), Indenture (Worldwide Recruiting & Staffing Services LLC)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein 100 expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 2 contracts

Samples: Indenture (Medical Documenting Systems Inc), Indenture (United Surgical Partners International Inc)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders holders in exercising any right, power or privilege under this Article 10 9 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 9 at law, in equity, by statute or otherwise.

Appears in 2 contracts

Samples: Indenture (Eclipse Resources Corp), Indenture (Eclipse Resources Corp)

No Waiver. Neither a failure nor a delay on the part of --------- either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 2 contracts

Samples: Indenture (Terra Industries Inc), Indenture (Ace LTD)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 2 contracts

Samples: Indenture (Intelsat S.A.), Indenture (Intelsat S.A.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 10, at law, in equity, by statute or otherwise.

Appears in 2 contracts

Samples: Indenture (Loral Orion Inc), Indenture (Loral Orion Inc)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which that either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 2 contracts

Samples: Indenture (Argo Tech Corp), Indenture (Argo Tech Corp)

No Waiver. Neither a failure nor a delay on the part of either the Trustee, the Collateral Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee, the Collateral Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 2 contracts

Samples: Indenture (Petroquest Energy Inc), Indenture (Petroquest Energy Inc)

No Waiver. Neither a failure nor a delay on the part of either the Indenture Trustee or the Holders in exercising any right, power or privilege under this Article 10 9 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Indenture Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either any of them may have under this Article 10 9 at law, in equity, by statute or otherwise.

Appears in 2 contracts

Samples: Indenture (Imperial Holdings, Inc.), Indenture (Imperial Holdings, Inc.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege hereunder or under this Article 10 11 of the Indenture shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have hereunder or under this Article 10 11 of the Indenture at law, in equity, by statute or otherwise.

Appears in 2 contracts

Samples: Supplemental Indenture (Cooper-Standard Holdings Inc.), Supplemental Indenture (Cooper-Standard Holdings Inc.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and are not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 2 contracts

Samples: Indenture (Polska Telefonia Cyfrowa Sp Zoo), Indenture (PTC International Finance Holding B V)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either they may have under this Article 10 or this Indenture at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Molson Coors Brewing Co)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, 77 remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (American Seafoods Corp)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 10A shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 10A at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Fifth Supplemental Indenture (Mediaone Group Inc)

No Waiver. Neither a failure nor a delay on the part of either any of the Trustee Trustee, any Agent or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee Trustee, the Agents and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Chrysler Group LLC)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee 125 and the Holders holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (VHS of Anaheim Inc)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.. 102

Appears in 1 contract

Samples: Indenture (Octel Developments PLC)

No Waiver. Neither a failure nor a delay on the part of either any of the Trustee Trustee, the Notes Collateral Agent or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and are not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Mountain Province Diamonds Inc.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Altice USA, Inc.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee Trustee, the Security Agent or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Senior Notes Indenture (Birkenstock Holding LTD)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may 109 have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Ric Holding Inc)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee Trustee, the Notes Collateral Agent and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Southeastern Grocers, Inc.)

No Waiver. Neither a failure nor a --------- delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Premier Parks Inc)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee Trustee, the Notes Administrator and the Holders herein expressly specified are cumulative and are not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Foresight Energy LP)

No Waiver. Neither a failure nor a delay on the part ---------- of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Kansas City Southern Industries Inc)

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No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders 97 106 herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (GSV Inc /Fl/)

No Waiver. Neither a failure nor a delay on the part --------- of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Delco Remy International Inc)

No Waiver. Neither a failure nor a delay on the part of ---------- either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Delco Remy International Inc)

No Waiver. Neither a A failure nor a or delay on the part of either the Trustee or the Holders of any Security of a series in exercising any right, power or privilege under this Article 10 shall not operate as a waiver thereof, nor shall a . A single or partial exercise thereof shall not preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders of such series herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Graftech International LTD)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 Section 11.01 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Rexnord Corp)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or 108 further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (VHS of Anaheim Inc)

No Waiver. Neither a failure nor a delay on the ---------- part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Kansas City Southern Industries Inc)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Magnum Hunter Resources Corp)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and are not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in at equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Liberty Global PLC)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein US-DOCS\124080491.2 expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Constellium Se)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this 104 95 Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Denbury Management Inc)

No Waiver. Neither a failure nor a delay on the part --------- of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Iron Age Corp)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 Ten at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Bucyrus International Inc)

No Waiver. Neither a failure nor a delay on the part of either the Trustee, the Notes Collateral Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee, the Notes Collateral Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Signature Group Holdings, Inc.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee Trustee, Collateral Agent or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee Trustee, the Collateral Agent and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Noble Finance Co)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Wolverine Tube Inc)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein 91 83 expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Fairchild Semiconductor International Inc)

No Waiver. Neither a failure nor a delay on the part of --------- either the Trustee or the Holders Noteholders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders Noteholders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Wki Holding Co Inc)

No Waiver. Neither a failure nor a delay on the part of either the Trustee Trustee, the Collateral Agent or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee Trustee, the Collateral Agent and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either any of them may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Pernix Therapeutics Holdings, Inc.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 ‎‎Article Ten shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and are not exclusive of any other rights, remedies or benefits which either may have under this Article 10 ‎‎Article Ten at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Norwegian Cruise Line Holdings Ltd.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly ex-pressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Albertsons Companies, Inc.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 or this Indenture at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Coors Adolph Co)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Harrahs Entertainment Inc)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (CNH Industrial Capital LLC)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Chiles Magellan LLC)

No Waiver. Neither a failure nor a delay on the part of either the Trustee Trustee, the Holders or the Holders Collateral Agent in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Orbimage Inc)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders holders in exercising any right, power or privilege under this Article ‎Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article ‎Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (TopBuild Corp)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are 77 cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 10, at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Loral Space & Communications Inc.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders Noteholders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders Noteholders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Wesco International Inc)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or 100 further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Diagnostic Pathology Management Services Inc)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the affected Guarantors and the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise. SECTION 10.

Appears in 1 contract

Samples: Indenture (Murphy USA Inc.)

No Waiver. Neither a failure nor a delay on the part ---------- of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Nabco Inc /Mi/)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.are

Appears in 1 contract

Samples: Indenture (Us Concrete Inc)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders Securityholders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders Securityholders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture

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