Common use of Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default Clause in Contracts

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.06, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.06, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.

Appears in 56 contracts

Samples: Indenture (Loop Media, Inc.), Indenture (Astrazeneca PLC), Indenture (Astrazeneca PLC)

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Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.064.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.064.6, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.

Appears in 16 contracts

Samples: Indenture (Irsa Propiedades Comerciales S.A.), Indenture (Irsa Propiedades Comerciales S.A.), Indenture (Cresud Inc)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.06, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder Holder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.06, every power and remedy given by this the Indenture or by law to the Trustee or to the Securityholders Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersHolders.

Appears in 15 contracts

Samples: Indenture (Workday, Inc.), Indenture (Palo Alto Networks Inc), Indenture (Illumina, Inc.)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. (a) Except as provided in Section 4.068.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by lawLaw, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law Law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. . (b) No delay or omission of the Trustee or of any Securityholder Holder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.068.6, every power and remedy given by this Indenture CVR Agreement or by law Law to the Trustee or to the Securityholders Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersHolders.

Appears in 13 contracts

Samples: Contingent Value Rights Agreement (Cartesian Therapeutics, Inc.), Contingent Value Rights Agreement (Akorn Inc), Contingent Value Rights Agreement (Akorn Inc)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.065.06, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.065.06, every power and remedy given by this Indenture or by law to the Trustee Trustee, to the Securityholders or to the Securityholders Holder of any Coupon may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee Trustee, the Securityholders or by the SecurityholdersHolders of any Coupon.

Appears in 8 contracts

Samples: Indenture (MidWestOne Financial Group, Inc.), Indenture (Alerus Financial Corp), Indenture (MidWestOne Financial Group, Inc.)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.06Sections 2.9 or 5.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.06Sections 2.9 or 5.6, every power and remedy given by this Indenture or by law to the Trustee Trustee, or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee Trustee, or by the Securityholders.

Appears in 7 contracts

Samples: Senior Indenture (Markel Corp), Senior Indenture (ALTERRA CAPITAL HOLDINGS LTD), Senior Indenture (Alterra Finance LLC)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.065.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.065.6, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.

Appears in 6 contracts

Samples: Indenture (Hanson PLC), Indenture (Hanson PLC), Indenture (Universal Health Realty Income Trust)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.06, 4.06 no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.06, 4.06 every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.

Appears in 5 contracts

Samples: Indenture (Smith & Nephew PLC), Indenture (Smith & Nephew PLC), Indenture (Nokia Corp)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.068.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder Holder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.068.6, every power and remedy given by this Indenture Agreement or by law to the Trustee or to the Securityholders Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersHolders.

Appears in 5 contracts

Samples: Contingent Value Rights Agreement (Atkins Nutritionals Holdings, Inc.), Value Support Rights Agreement (Mafco Consolidated Group Inc), Contingent Payment Rights Agreement (Somatogen Inc)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. (a) Except as provided in Section 4.068.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by lawLaw, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law Law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. . (b) No delay or omission of the Trustee or of any Securityholder Holder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.068.6, every power and remedy given by this Indenture Agreement or by law Law to the Trustee or to the Securityholders Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersHolders.

Appears in 4 contracts

Samples: Contingent Value Rights Agreement (Cubist Pharmaceuticals Inc), Contingent Value Rights Agreement (Cubist Pharmaceuticals Inc), Merger Agreement (Cubist Pharmaceuticals Inc)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.06806, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder Holder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.06806, every power and remedy given by this Indenture Agreement or by law to the Trustee or to the Securityholders Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersHolders.

Appears in 3 contracts

Samples: Participation Rights Agreement (Corel Corp), Participation Rights Agreement (Schering Plough Corp), Participation Rights Agreement (Schering Plough Corp)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. (a) Except as provided in Section 4.068.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. . (b) No delay or omission of the Trustee or of any Securityholder Holder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.068.6, every power and remedy given by this Indenture CVR Agreement or by law to the Trustee or to the Securityholders Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersHolders.

Appears in 3 contracts

Samples: Contingent Value Rights Agreement (Fresenius Kabi Pharmaceuticals Holding, Inc.), Contingent Value Rights Agreement (APP Pharmaceuticals, Inc.), Contingent Value Rights Agreement (Hewlett Packard Erste Vermogensverw U Beteiligungsges MBH)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section Sections 2.09 and 4.06, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.06, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.

Appears in 3 contracts

Samples: Indenture (Murphy Oil Corp /De), Indenture (Murphy Oil Corp /De), Indenture (Murphy Oil Corp /De)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 2.09 or Section 4.06, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder Holder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.06, every power and remedy given by this the Indenture or by law to the Trustee or to the Securityholders Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersHolders.

Appears in 3 contracts

Samples: Indenture (NBCUniversal Media, LLC), Indenture (Comcast Corp), Indenture (NBCUniversal Media, LLC)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.062.9, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.065.6, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.

Appears in 3 contracts

Samples: Indenture (Tyme Technologies, Inc.), Indenture (Progressive Corp/Oh/), Indenture (Progressive Corp/Oh/)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.062.9 and Section 5.5, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.065.5, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.

Appears in 3 contracts

Samples: Indenture (Dean Foods Co), Indenture (Wellpoint Health Networks Inc /Ca/), Indenture (FMC Corp)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.064.06 and except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities in the last paragraph of Section 2.09, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.06, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.

Appears in 3 contracts

Samples: Senior Debt Indenture (Nomura Holdings Inc), Senior Indenture (Mizuho Financial Group Inc), Senior Indenture (Mizuho Financial Group Inc)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.064.4, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.064.4, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.

Appears in 2 contracts

Samples: Indenture (Becton Dickinson & Co), Indenture (Cardinal Health Inc)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.064.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders Noteholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder Noteholder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.064.6, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersNoteholders, subject to the terms of this Indenture and the Notes.

Appears in 2 contracts

Samples: Indenture (Grupo Financiero Galicia Sa), Indenture (Grupo Financiero Galicia Sa)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.065.6 hereof, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, hereunder or otherwise, otherwise shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder Holder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid forth in this Indenture shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; therein and, subject to Section 4.065.6 hereof, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersHolders.

Appears in 2 contracts

Samples: Indenture (Fidelity National Financial, Inc.), Indenture (F&G Annuities & Life, Inc.)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section ‎Section 4.06, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder Holder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section ‎Section 4.06, every power and remedy given by this the Indenture or by law to the Trustee or to the Securityholders Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersHolders.

Appears in 2 contracts

Samples: Indenture (Trinet Group, Inc.), Indenture (Trinet Group Inc)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.064.06 and except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities in the last paragraph of Section 2.09, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder to exercise any right or power accruing upon any Acceleration Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Acceleration Event of Default or an acquiescence therein; and, subject to Section 4.06, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.

Appears in 2 contracts

Samples: Subordinated Indenture (Mizuho Financial Group Inc), Subordinated Indenture (Mizuho Financial Group Inc)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.064.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders is intended to be exclusive of any other right or remedy, and every 45 right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.064.6, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.

Appears in 2 contracts

Samples: Indenture (Cardinal Health Inc), Indenture (Cardinal Health Inc)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.06, no No right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders Holders of Notes is intended to be exclusive of any other right or remedy, remedy and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder Holder of such Notes to exercise any right or power remedy accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power remedy or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.06, every power . Every right and remedy given by this Indenture Indenture, any Note or by law to the Trustee or to the Securityholders Holders of such Notes may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or or, subject to Section 7.07, by the SecurityholdersHolders of Notes.

Appears in 2 contracts

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

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.06‎Section 4.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.06‎Section 4.6, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.

Appears in 2 contracts

Samples: Indenture (Irsa Investments & Representations Inc), Indenture (Irsa Propiedades Comerciales S.A.)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. (a) Except as provided in Section 4.067.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by lawLaw, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law Law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. . (b) No delay or omission of the Trustee or of any Securityholder Holder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; therein; and, subject to Section 4.067.6, every power and remedy given by this Indenture CVR Agreement or by law Law to the Trustee or to the Securityholders Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersHolders.

Appears in 2 contracts

Samples: Contingent Value Rights Agreement (Illumina, Inc.), Merger Agreement (Illumina, Inc.)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.063.10 hereof, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder Holder of any Debt Security or coupon to exercise any right or power remedy accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power remedy or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.06, and every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersHolders.

Appears in 2 contracts

Samples: Indenture (Multicanal Sa), Indenture (Multicanal Sa)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.062.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder holder of any of the Securities to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.064.6, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.

Appears in 2 contracts

Samples: Indenture (Weirton Steel Corp), Indenture (Weirton Steel Corp)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.065.06, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder Holder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.065.06, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersHolders.

Appears in 2 contracts

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

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.06‎‎Section 5.06, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.06‎‎Section 5.06, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.

Appears in 2 contracts

Samples: Warrant Indenture (JPMorgan Chase Financial Co. LLC), Paying Agent, Registrar & Transfer Agent and Authenticating Agent Agreement (JPMorgan Chase Financial Co. LLC)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. (a) Except as provided in Section 4.067.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by lawLaw, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law Law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. . (b) No delay or omission of the Trustee or of any Securityholder Holder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.067.6, every power and remedy given by this Indenture CVR Agreement or by law Law to the Trustee or to the Securityholders Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersHolders.

Appears in 2 contracts

Samples: Merger Agreement (Grail, LLC), Merger Agreement (Grail, LLC)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.065.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.06, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.Section

Appears in 1 contract

Samples: Indenture (Universal Health Services Inc)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.06Sections 2.09 and 5.05, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders is intended to be exclusive of any other right or remedy, and every right and remedy shallremedy, to the extent permitted by law, shall be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, hereunder shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject . Subject to Section 4.065.05, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.

Appears in 1 contract

Samples: Indenture (Fluor Corp)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.06, no No right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders Holders of Securities of any series is intended to be exclusive of any other right or remedy, remedy and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder Holder of such Securities to exercise any right or power remedy accruing upon any Event of Default with respect to any such series of Securities occurring and continuing as aforesaid shall impair any such right or power remedy or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.06, every power . Every right and remedy given by this Indenture Indenture, any Security or by law to the Trustee or to the Securityholders Holders of such Securities may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or or, subject to Section 7.07, by the SecurityholdersHolders of Securities.

Appears in 1 contract

Samples: Base Indenture (Frontier Communications Corp)

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Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.06, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder Holder to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such default or Event of Default or an acquiescence therein; and, subject to Section 4.06, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersHolders. The Trustee may maintain a proceeding even if it does not possess any Securities or does not produce any Securities in the proceeding.

Appears in 1 contract

Samples: Indenture (Lightning eMotors, Inc.)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. (a) Except as provided in Section 4.064.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. . (b) No delay or omission of the Trustee or of any Securityholder Holder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.064.6, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersHolders.

Appears in 1 contract

Samples: Indenture (Cresud Inc)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.062.07 and 4.07, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder Holder of any of the Securities to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.06, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders, as the case may be.

Appears in 1 contract

Samples: Convertible Subordinated Indenture (Chancellor Media Corp/)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.06, 4.06 no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. Table of Contents No delay or omission of the Trustee or of any Securityholder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.06, 4.06 every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.

Appears in 1 contract

Samples: Indenture (Nokia Corp)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.06Sections 2.09 and 5.05, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders is intended to be exclusive of any other right or remedy, and every right and remedy shallremedy, to the extent permitted by law, shall be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, hereunder shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject Subject to Section 4.065.05, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedientnecessary, by the Trustee or by the Securityholders.

Appears in 1 contract

Samples: Indenture (Fluor Corp)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.064.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, law be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.064.6, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.

Appears in 1 contract

Samples: Indenture (Cone Mills Corp)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.068.06, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder Holder to exercise any right or power accruing upon any Event of Default or any other breach of the provisions hereunder occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.068.06, every power and remedy given by this Indenture Agreement or by law to the Trustee or to the Securityholders Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersHolders.

Appears in 1 contract

Samples: Contingent Value Interests Agreement (KKR & Co. L.P.)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.062.06, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder holder of any of the Securities to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.064.05, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.

Appears in 1 contract

Samples: Indenture (Eco Telecom LTD)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.062.9, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder Holder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.065.6, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersHolders.

Appears in 1 contract

Samples: Indenture (Air Products & Chemicals Inc /De/)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.062.09 or Section 4.07, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder Holder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.064.07, every power and remedy given by this the Indenture or by law to the Trustee or to the Securityholders Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersHolders.

Appears in 1 contract

Samples: Indenture (Everett SpinCo, Inc.)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.06, no No right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter thereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder Holder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, and subject to Section 4.065.6, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.

Appears in 1 contract

Samples: Indenture (Trans World Gaming Corp)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as otherwise provided in Section 4.06herein, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders Noteholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by applicable law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder Noteholder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.06, 4.07 every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersNoteholders.

Appears in 1 contract

Samples: Indenture (PCCW LTD)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as otherwise provided in Section 4.06herein, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders Noteholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by applicable law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder Noteholder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.064.07, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersNoteholders.

Appears in 1 contract

Samples: Indenture (PCCW LTD)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.06, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.06, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.to

Appears in 1 contract

Samples: Indenture (Comcast Cable Communications LLC)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.064.7., no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders Noteholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder Noteholder to exercise any right right, power or power remedy accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right right, power or power remedy or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.064.7., every right, power and remedy given by this Indenture or by law to the Trustee or to the Securityholders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersNoteholders.

Appears in 1 contract

Samples: Indenture (Metrogas Inc)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.062.9, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder holder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.065.6, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholdersholders.

Appears in 1 contract

Samples: Indenture (Air Products & Chemicals Inc /De/)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.062.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter thereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder Holder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, and subject to Section 4.065.6, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.

Appears in 1 contract

Samples: Indenture (Trans World Gaming Corp)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.06, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders Noteholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder Noteholder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.06, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersNoteholders.

Appears in 1 contract

Samples: Indenture (Abn Amro Bank Nv)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.066.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders Holder of any Security is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder Holder of any Security of any series to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.06, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders Holder of any Security may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersHolder of such Security.

Appears in 1 contract

Samples: Indenture (Sirius International Insurance Group, Ltd.)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.065.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.065.6, every power and remedy given by this Indenture or by law to the Trustee or Trustee, to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.

Appears in 1 contract

Samples: Indenture (Office Depot Inc)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 4.068.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate appropri- ate right or remedy. No delay or omission of the Trustee or of any Securityholder Holder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed con- strued to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.068.6, every power and remedy given by this Indenture Agreement or by law to the Trustee or to the Securityholders Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersHolders.

Appears in 1 contract

Samples: Stock and VSR Purchase Agreement (Mafco Consolidated Group Inc)

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