Common use of Other Remedies Clause in Contracts

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 46 contracts

Samples: Indenture (Ryan Specialty Holdings, Inc.), Indenture (CPI Card Group Inc.), Indenture (loanDepot, Inc.)

AutoNDA by SimpleDocs

Other Remedies. (a) If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofprincipal, or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. . (b) The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of a Note in exercising any right or remedy accruing upon and during the continuance of an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 44 contracts

Samples: Indenture (Vital Energy, Inc.), Indenture (Vital Energy, Inc.), Indenture (Laredo Petroleum, Inc.)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 27 contracts

Samples: Indenture (Community Health Systems Inc), Indenture (Community Health Systems Inc), Indenture (Community Health Systems Inc)

Other Remedies. If Subject to the duties of the Trustee as provided for in Article VII, if an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofprincipal, or premium, if any, or interest, if any, and interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of a Note in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 21 contracts

Samples: Indenture (FTAI Aviation Ltd.), Indenture (FTAI Aviation Ltd.), Indenture (FTAI Aviation Ltd.)

Other Remedies. If an Event of Default with respect to Notes of any Series at the time outstanding occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofprincipal, or premium, if any, or interest, if any, and interest on the such Notes or to enforce the performance of any provision of the such Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of a Note in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 20 contracts

Samples: Indenture (Vse Corp), Indenture (Genco Shipping & Trading LTD), Indenture (Nerdwallet, Inc.)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, accrued and unpaid interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Noteholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 19 contracts

Samples: Indenture (Huntsman CORP), Indenture (Huntsman CORP), Indenture (Huntsman Advanced Materials (UK) LTD)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of the principal of, or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The All rights of action and claims under this Indenture or the Notes may be enforced by the Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 19 contracts

Samples: Indenture (Chaparral Energy, Inc.), Indenture (LNR Property Corp), Indenture (Kinetic Concepts Inc /Tx/)

Other Remedies. If Subject to the duties of the Trustee as provided for in Article 7, if an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofprincipal, or premium, if any, or interest, if any, and interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of a Note in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 19 contracts

Samples: Indenture (Beasley Broadcast Group Inc), Indenture (Beasley Broadcast Group Inc), Indenture (Cumulus Media Inc)

Other Remedies. If Subject to Article 12 and to the duties of the Trustee as provided for in Article 7, if an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 19 contracts

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

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 19 contracts

Samples: Indenture (Wayfair Inc.), Indenture (Builders FirstSource, Inc.), Indenture (Builders FirstSource, Inc.)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interestinterest on, if any, on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A To the fullest extent permitted by applicable law, a delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No , no remedy is exclusive of any other remedy. All remedy and all available remedies are cumulative.

Appears in 15 contracts

Samples: Indenture (Starwood Property Trust, Inc.), Indenture (Starwood Property Trust, Inc.), Indenture (Rithm Capital Corp.)

Other Remedies. If an Event of Default occurs and is --------------- continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes Debentures or to enforce the performance of any provision of the Notes Debentures or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Debentures or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Debentureholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 14 contracts

Samples: Indenture (Intervest Mortgage Corp), Indenture (Intervest Corporation of New York), Indenture (Intervest Corporation of New York)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue pursue, in its own name and as trustee of an express trust, any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 14 contracts

Samples: Indenture (ESAB Corp), Indenture (Colfax CORP), Indenture (Esterline Technologies Corp)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, including Additional Interest, if any, on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 13 contracts

Samples: Indenture (Quorum Health Corp), Indenture (Infor, Inc.), Indenture (Community Health Systems Inc)

Other Remedies. If an Event of a Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A To the fullest extent permitted by applicable law, a delay or omission by the Trustee or any Holder Noteholder in exercising any right or remedy accruing upon an Event of a Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No , no remedy is exclusive of any other remedy. All remedy and all available remedies are cumulativecumulative to the fullest extent permitted by applicable law.

Appears in 13 contracts

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

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofthe principal, or the premium, if any, or interest, if any, and any accrued cash interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it the Trustee does not possess any of the Notes or does not produce any of them the Notes in the proceeding. A delay or omission by the Trustee or any Holder Noteholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of of, or acquiescence in in, the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 12 contracts

Samples: Indenture (Ohio Casualty Corp), Indenture (Osi Pharmaceuticals Inc), Indenture (Regeneron Pharmaceuticals Inc)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, including Additional Amounts, if any, on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 11 contracts

Samples: Indenture (Restaurant Brands International Limited Partnership), Indenture (Restaurant Brands International Inc.), Indenture (Restaurant Brands International Limited Partnership)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law (under this Indenture or in equity otherwise) to collect the payment of principal ofprincipal, or premium, if any, or interest, if any, and interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of a Note in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 10 contracts

Samples: Indenture (Comdisco Inc), Indenture (Assisted Living Concepts Inc), Indenture (Comdisco Holding Co Inc)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of (or premium, if any, ) or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 10 contracts

Samples: Indenture (Gibraltar Industries, Inc.), Indenture (Deluxe Corp), Indenture (Libbey Inc)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 9 contracts

Samples: Indenture (Clean Harbors Inc), Indenture (Clean Harbors Inc), Indenture (Clean Harbors Inc)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of (or premium, if any, ) or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 8 contracts

Samples: Indenture (Community Health Systems Inc), Indenture (Cornell Companies Inc), Indenture (Portola Packaging Inc)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities, this Indenture or this Indenturethe Guarantees. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 7 contracts

Samples: Indenture (Leslies Poolmart Inc), Indenture (Arcon Coating Mills Inc), Indenture (Walbro Corp)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of (or premium, if any, ) or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 7 contracts

Samples: Indenture (Quiksilver Inc), Indenture (Quiksilver Inc), Indenture (Conexant Systems Inc)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premiumpremium on, if any, or interestinterest or Additional Interest, if any, on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of a Note in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 7 contracts

Samples: Indenture (MGM Growth Properties Operating Partnership LP), Indenture (MGM Growth Properties Operating Partnership LP), Indenture (CyrusOne Inc.)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, and interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Noteholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 6 contracts

Samples: Indenture (Lamar Advertising Co/New), Indenture (Hayes Lemmerz International Inc), Indenture (Outdoor Systems Inc)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 6 contracts

Samples: Indenture (Natura &Co Holding S.A.), Indenture (Natura &Co Holding S.A.), Indenture (Cardiac Science Inc)

Other Remedies. If an Event of Default occurs and is continuing, subject to the terms of the Intercreditor Agreement, the Trustee may pursue any available remedy by proceeding at law (under this Indenture or in equity otherwise) to collect the payment of principal of, or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes Notes, this Indenture or this Indenturethe Security Documents. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 6 contracts

Samples: Indenture Agreement (Usec Inc), Indenture (Majestic Star Casino LLC), Indenture (Majestic Star Casino LLC)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofthe principal, or the premium, if any, or interestand any accrued cash interest (including Liquidated Damages, if any, ) on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it the Trustee does not possess any of the Notes or does not produce any of them the Notes in the proceeding. A delay or omission by the Trustee or any Holder Noteholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of of, or acquiescence in in, the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 6 contracts

Samples: Indenture (McMoran Exploration Co /De/), Indenture (Freeport McMoran Copper & Gold Inc), Indenture (McMoran Exploration Co /De/)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue pursue, in its own name and as trustee of an express trust, any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 6 contracts

Samples: Indenture (Dailey Petroleum Services Corp), Indenture (Plains Resources Inc), Indenture (Plains Resources Inc)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofprincipal, or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes Notes, this Indenture or this Indentureany Security Document, subject, in each case, to the Intercreditor Agreement. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 6 contracts

Samples: Indenture (Target Hospitality Corp.), Indenture (WillScot Mobile Mini Holdings Corp.), Indenture (Target Hospitality Corp.)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofprincipal, or premium, if any, or interest, and Liquidated Damages, if any, on with respect to, the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of a Note in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 6 contracts

Samples: Indenture (Eldorado Resorts LLC), Indenture (Mississippi Band of Choctaw Indians Dba Choctaw RSRT DVLP E), Indenture (Wdra Food Service Inc)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy remedies by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, and interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Noteholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 5 contracts

Samples: Indenture (McClatchy Co), Indenture (Lamar Advertising Co/New), Indenture (Lamar Advertising Co/New)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may file proofs of claim and maintain a proceeding proceedings even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 5 contracts

Samples: Indenture (Lexington Precision Corp), Indenture (Lexington Precision Corp), Indenture (Lexington Precision Corp)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities, this Indenture or this Indentureany Subsidiary Guarantee. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 5 contracts

Samples: Indenture (Tenneco Inc), Indenture (Tenneco Inc), Indenture (Tenneco Inc)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or (and premium, if any, ) or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 5 contracts

Samples: Indenture (Interpool Inc), Indenture (Interpool Inc), Indenture (Interpool Inc)

Other Remedies. If an Event of Default occurs and is continuing, continuing the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or (and premium, if any, ) or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of such right or remedy or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 5 contracts

Samples: Indenture (Sizeler Property Investors Inc), Indenture (Sizeler Property Investors Inc), Indenture (Sizeler Property Investors Inc)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or of and premium, if any, or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 5 contracts

Samples: Indenture (Alternative Living Services Inc), Indenture (Sterling House Corp), Indenture (American Retirement Corp)

Other Remedies. If an Event of a Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premiuminterest or Additional Interest, if any, or intereston, if any, on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 4 contracts

Samples: Indenture (Petrolera San Antonio S.A.), Indenture (Navios Maritime Holdings Inc.), Indenture (Navios Maritime Holdings Inc.)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities, this Indenture or this Indentureany Guarantee. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 4 contracts

Samples: Indenture (Vs Holdings Inc), Indenture (Spanish Broadcasting System Inc), Indenture (Simonds Industries Inc)

Other Remedies. (a) If an Event of Default occurs and is continuing, subject to the provisions of the Intercreditor and Collateral Agency Agreement, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, of and interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. . (b) The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 4 contracts

Samples: Indenture (Iusacell S a De C V), Indenture (Mexican Cellular Investments Inc), Indenture (Inmobiliaria Montes Urales 460 S a De C V)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may may, subject to the Intercreditor Agreement, pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofprincipal, or premium, if any, or interest, if any, and interest on the Notes or to enforce the performance of any provision of the Notes Notes, this Indenture or this Indenturethe Collateral Documents. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of a Note in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 4 contracts

Samples: Indenture (RBX Corp), Indenture (RBX Corp), Indenture (RBX Corp)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, of or interest, if any, on the Notes Securities or to enforce the performance of any provision of the Notes such Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 4 contracts

Samples: Indenture (Lockheed Martin Corp), Indenture (Lockheed Martin Corp), Indenture (Lockheed Martin Corp)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities, this Indenture or this Indenturethe Subsidiary Guarantees. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 4 contracts

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

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes Notes, this Indenture or this Indenturethe Collateral Agreements. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing arising upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 4 contracts

Samples: Indenture (New World Restaurant Group Inc), Indenture (Discovery Zone Inc), Indenture (New World Coffee Manhattan Bagel Inc)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofprincipal, or premium, if any, or interest, if any, and interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of a Note in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 4 contracts

Samples: Indenture (Beazer Homes Usa Inc), Indenture (Beazer Homes Usa Inc), Indenture (NTL:Telewest LLC)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or interest or premium, if any, or interest, if anyapplicable, on the Convertible Notes or to enforce the performance of any provision of the Convertible Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Convertible Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder holder of a Convertible Note in exercising any right or remedy accruing occurring upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 4 contracts

Samples: Indenture (LTX-Credence Corp), Indenture (LTX-Credence Corp), Indenture (LTX-Credence Corp)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Senior Secured Notes or to enforce the performance of any provision of the Senior Secured Notes or this Senior Secured Notes Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Senior Secured Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All To the extent required by law, all available remedies are cumulative.

Appears in 3 contracts

Samples: Senior Secured Notes Indenture (Reynolds Group Holdings LTD), Senior Secured Notes Indenture (Beverage Packaging Holdings (Luxembourg) v S.A.), Senior Secured Notes Indenture (RenPac Holdings Inc.)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes Senior Subordinated Securities or to enforce the performance of any provision of the Notes Senior Subordinated Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Senior Subordinated Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of Senior Subordinated Securities in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 3 contracts

Samples: Indenture (Cadmus Communications Corp/New), Indenture (Cadmus Communications Corp/New), Indenture (Cadmus Communications Corp/New)

Other Remedies. If an Event of Default occurs and is continuing, subject to the terms of the Intercreditor Agreement, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes Notes, this Indenture or this Indenturethe Security Documents. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All To the extent required by law, all available remedies are cumulative.

Appears in 3 contracts

Samples: Indenture (Momentive Performance Materials Inc.), Indenture (Momentive Performance Materials Quartz, Inc.), Indenture (Momentive Performance Materials Inc.)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of (or premium, if any, ) or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes Notes, this Indenture or this Indenturethe Guarantees. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 3 contracts

Samples: Indenture (CPG Newco LLC), Indenture (CPG Newco LLC), Indenture (CPG Newco LLC)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofprincipal, or premiumaccrued and unpaid interest, if any, or interest, if any, payment of the Fundamental Change Purchase Price on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them the Notes in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 3 contracts

Samples: Indenture (Carriage Services Inc), Indenture (Supernus Pharmaceuticals Inc), Indenture (Cal Dive International, Inc.)

Other Remedies. If an Event of Default occurs and is continuing, and is known to the Trustee as provided in Section 7.02(g) hereof, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or on, and interest, if any, on on, the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of a Note in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 3 contracts

Samples: Indenture (Oasis Petroleum Inc.), Indenture (Extraction Oil & Gas, Inc.), Indenture (Extraction Oil & Gas, Inc.)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes or Notes, this IndentureIndenture (including sums owed to the Trustee and its agents and counsel) and the Guarantees. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 3 contracts

Samples: Indenture (F&G Annuities & Life, Inc.), Indenture (FGL Holdings), Indenture (FGL Holdings)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes or Securities, this Indenture, the Subsidiary Guarantees, the Collateral Documents or the Intercreditor Agreement. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 3 contracts

Samples: Indenture (NBC Acquisition Corp), Indenture (New Nebraska Book Company, Inc.), Indenture (Nebraska Book Co)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The All rights of action and claims under this Indenture or the Notes may be enforced by the Trustee may maintain a proceeding even if it the Trustee does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Noteholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 3 contracts

Samples: Indenture (Aoa Capital Corp), Indenture (Renaissance Cosmetics Inc /De/), Indenture (Affinity Group Holding Inc)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of (or premium, if any, ) or interest, if any, interest due on the Notes or to enforce the performance of any provision of the Notes Notes, this Indenture or this Indenturethe Guarantees. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Noteholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 3 contracts

Samples: Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp)

Other Remedies. If an Event of Default occurs and is continuingcontinuing and is known to the Trustee, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 3 contracts

Samples: Indenture (Ladder Capital Corp), Indenture (Ladder Capital Corp), Indenture (Ladder Capital Corp)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, interest or interestLiquidated Damages, if any, on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing occurring upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 3 contracts

Samples: Indenture (Delta Air Lines Inc /De/), Indenture (Delta Air Lines Inc /De/), Indenture (Delta Air Lines Inc /De/)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofprincipal, or premium, if any, or interest, if any, and interest on the Notes of any series or to enforce the performance of any provision of the Notes of such series or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes of any series or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of a Note of a series in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 3 contracts

Samples: Senior Notes Indenture (Equitrans Midstream Corp), Senior Notes Indenture (Equitrans Midstream Corp), Senior Notes Indenture (Equitrans Midstream Corp)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee and the Collateral Agent may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes Notes, this Indenture or this Indenturethe Security Documents. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Collateral Agent, the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 3 contracts

Samples: Indenture (GeoEye, Inc.), Indenture (Orbimage Inc), Indenture (GeoEye, Inc.)

Other Remedies. If an Event of Default with respect to Notes occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interestand interest on, if any, on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder holder of a Note in exercising any right or remedy accruing occurring upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 3 contracts

Samples: Indenture (Agere Systems Inc), Indenture (Agere Systems Inc), Indenture (Agere Systems Inc)

AutoNDA by SimpleDocs

Other Remedies. If an Event of Default occurs and is continuing, subject to the terms of the Intercreditor Agreements, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes Notes, this Indenture or this Indenturethe Security Documents. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All To the extent required by law, all available remedies are cumulative.

Appears in 2 contracts

Samples: Indenture (Momentive Performance Materials Inc.), Indenture (Momentive Performance Materials Quartz, Inc.)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, on and any Additional Amounts in respect of the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 2 contracts

Samples: Indenture (Essar Steel Canada Inc.), Indenture (Essar Steel Algoma Inc.)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofprincipal, or premium, if any, or interestinterest and Liquidated Damages, if any, on the Senior Notes or to enforce the performance of any provision of the Senior Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Senior Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of a Senior Note in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Indenture (Curtis Sub Inc), Indenture (Goodman Conveyor Co)

Other Remedies. If an Event of Default occurs and is continuingcontinuing and subject to the provisions of this Indenture, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofprincipal, or premium, if any, or interest, if any, and interest on the Notes or to enforce the performance of any provision of the Notes or and this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of a Note in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Indenture (Echostar Communications Corp), Indenture (Echostar Communications Corp)

Other Remedies. If an Event of Default occurs and is continuing, subject to the terms of the Intercreditor Agreement, the Trustee may pursue any available remedy by proceeding at law (under this Indenture or in equity otherwise) to collect the payment of principal of, or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes Notes, this Indenture or this Indenturethe Security Documents. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of of, or acquiescence in in, the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Indenture Agreement (Centrus Energy Corp), Indenture Agreement (United States Enrichment Corp)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interestinterest and Liquidated Damages, if any, on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing maturing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Indenture (West Texas & Lubbock Railroad Co Inc), Indenture (Fedders North America Inc)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of (or premium, if any, ) or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No Except as otherwise provided in Section 2.7 with respect to the replacement of mutilated, destroyed, lost or wrongfully taken Notes, no remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Indenture (Columbus Energy Corp), Indenture (Cimarex Energy Co)

Other Remedies. If an any Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it the Trustee does not possess any of the Notes or does not produce any of them the Notes in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of of, or acquiescence in in, the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 2 contracts

Samples: Indenture (Nortek Inc), Indenture (Nortek Inc)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of (or premium, if any, ) or interest, if any, interest (including Additional Interest) on the Notes or to enforce the performance of any provision of the Notes or Notes, this Indenture, the Guarantees, the Security Documents or the Junior Lien Intercreditor Agreement. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 2 contracts

Samples: Indenture (Bankrate, Inc.), Indenture (RDA Holding Co.)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofof and interest, or premium, if any, or interestand Additional Interest, if any, on on, the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of a Note in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Indenture (Endeavour International Corp), Indenture (EV Energy Partners, LP)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofAccreted Value, or premium, if any, or and interest, if any, on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 2 contracts

Samples: Indenture (Nalco Energy Services Equatorial Guinea LLC), Indenture (Nalco Finance Holdings Inc.)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes Notes, this Indenture or this Indentureany Collateral Agreement. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Indenture (Tcby of Australia, Inc.), Indenture (MRS Fields Financing Co Inc)

Other Remedies. If an Event of Default with respect to the Notes occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to it under the Indenture to collect the payment of principal of, or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes or this the Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are are, to the extent permitted by law, cumulative.

Appears in 2 contracts

Samples: Fourth Supplemental Indenture (Expedia, Inc.), Supplemental Indenture (Expedia, Inc.)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes (or the Notes of any series) or to enforce the performance of any provision of the Notes (or the Notes of any series), this IndentureIndenture (including sums owed to the Trustee and its agents and counsel) and the Guarantees. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 2 contracts

Samples: Indenture (PPD, Inc.), Indenture (CommScope Holding Company, Inc.)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, premium or interest, if any, on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Indenture (Capstar Broadcasting Partners Inc), Indenture (Capstar Broadcasting Partners Inc)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, and interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Indenture (Verasun Energy Corp), Indenture (Verasun Energy Corp)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of Accreted Value or principal of, of or premium, if any, or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing maturing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Indenture (Graham Packaging Holdings Co), Indenture (Frontiervision Holdings Capital Corp)

Other Remedies. (a) If an Event of Default occurs and is continuing, subject to the provisions of the Master Collateral and Intercreditor Agreement, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, of and interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. . (b) The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Indenture (Vitro Sa De Cv), Indenture (Vitro Sa De Cv)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofprincipal, or premium, if any, or premium and interest, if any, on the Notes of each series or to enforce the performance of any provision of the Notes of each series or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes of either series or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of a Note of either series in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Indenture (Qorvo, Inc.), Indenture (Aecom Technology Corp)

Other Remedies. If an Event of Default occurs and is continuing, subject to the terms of the Intercreditor Agreement, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofprincipal, or premium, if any, or interest, if any, and interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of a Note in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Indenture (DT Midstream, Inc.), Indenture (DT Midstream, Inc.)

Other Remedies. If an Event of a Default occurs and is continuingcontinuing with respect to the Notes of any series, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premiuminterest on, if any, or interest, if any, on the Notes of the applicable series or to enforce the performance of any provision of the Notes of the applicable series or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of a Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Indenture (Pocatello Idaho Property, L.L.C.), Indenture (Pocatello Idaho Property, L.L.C.)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest (including any Additional Interest) on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or wrongfully taken Securities in the last paragraph of Section 2.10, no remedy is exclusive of any other remedy. All , and all available remedies are cumulative.

Appears in 2 contracts

Samples: Indenture (Newmont Mining Corp /De/), Indenture (Newmont Mining Corp /De/)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it the Trustee does not possess any of the Notes or does not produce any of them the Notes in the proceeding. A delay or omission by the Trustee or any Holder Noteholder in exercising any right or remedy accruing upon an Event of Default or a Default shall not impair the right or remedy or constitute a waiver of of, or acquiescence in in, the Event of Default or the Default. No remedy is exclusive of any other remedy. All To the extent permitted by law, all available remedies are cumulative.

Appears in 2 contracts

Samples: Indenture (World Financial Properties L P), Indenture (World Financial Properties L P)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law (under this Indenture, or in equity otherwise) to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes Notes, this Indenture or this Indenturethe Security Agreements. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of a Note in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Indenture (Finova Group Inc), Indenture (Finova Group Inc)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A To the fullest extent permitted by applicable law, a delay or omission by the Trustee or any Holder noteholder in exercising any right or remedy accruing upon an a Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No , no remedy is exclusive of any other remedy. All remedy and all available remedies are cumulativecumulative to the fullest extent permitted by applicable law.

Appears in 2 contracts

Samples: Indenture (Western Digital Corp), Indenture (WD Media, LLC)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, of and interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it the Trustee does not possess any of the Notes or does not produce any of them the Notes in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of of, or acquiescence in in, the Event of Default. No remedy is exclusive of any other remedy. All available Except as set forth in Section 2.07, all remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Indenture (Hutchinson Technology Inc), Indenture (Mark Iv Industries Inc)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of (or premium, if any, ) or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are are, to the extent permitted by applicable law, cumulative.

Appears in 2 contracts

Samples: Indenture (J.M. Tull Metals Company, Inc.), Indenture (Ryerson Tull Inc /De/)

Other Remedies. (a) If an Event of Default occurs and is continuingcontinuing and is known to the Trustee, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or of and interest and premium, if any, or interest, if any, on the Notes or to enforce the performance of any provision of the Notes or this Indenture. . (b) The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of a Note in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Indenture (Enviva Partners, LP), Indenture (Enviva Partners, LP)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy pursuant to the terms of the Security Documents or by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 2 contracts

Samples: Indenture (Macy's, Inc.), Indenture (Macy's, Inc.)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Senior Notes or to enforce the performance of any provision of the Senior Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Senior Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder holder of a Senior Note in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Indenture (Telemundo Group Inc), Indenture (Telemundo Group Inc)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofprincipal, or premium, if any, or interestinterest and Additional Interest, if any, on the Notes or to enforce the performance of any provision of the Notes Notes, this Indenture or this Indenturethe Guarantees. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Indenture (Nuveen Investments Holdings, Inc.), Indenture (Nuveen Investments Holdings, Inc.)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest (including any Additional Interest) on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or wrongfully taken Securities in the last paragraph of Section 2.11, no remedy is exclusive of any other remedy. All , and all available remedies are cumulative.

Appears in 2 contracts

Samples: Indenture (Newmont Mining Corp /De/), Indenture (Newmont Mining Corp /De/)

Other Remedies. If an Event of a Default occurs and is continuing, the Trustee may may, subject to the provisions of the Intercreditor Agreement, pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premiuminterest on, if any, or interest, if any, on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of a Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Indenture (Exide Technologies), Indenture (Exide Technologies)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of the principal of, or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Indenture (Icn Pharmaceuticals Inc), Indenture (Icn Pharmaceuticals Inc)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofprincipal, or premium, if any, or interest, if any, and interest on the First Mortgage Notes or to enforce the performance of any provision of the First Mortgage Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the First Mortgage Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of a First Mortgage Note in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 1 contract

Samples: Indenture (Royster-Clark Nitrogen Realty LLC)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premiuminterest or Liquidated Damages, if any, or interest, if anyapplicable, on the Exchangeable Notes or to enforce the performance of any provision of the Exchangeable Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Exchangeable Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder holder of an Exchangeable Note in exercising any right or remedy accruing occurring upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 1 contract

Samples: Indenture (Navistar Financial Corp)

Other Remedies. (a) If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, premium (if any, ) or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Supplemental Indenture. . (b) The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 1 contract

Samples: First Supplemental Indenture (Key Energy Services Inc)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, premium or premiumLiquidated Damages, if any, or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 1 contract

Samples: Indenture (Globe Holdings Inc)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes or this Notes Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 1 contract

Samples: Notes Indenture (Wec Co)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!