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 5.6, or as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities or Coupons in the last paragraph of Section 2.9, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders of Securities or Coupons 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 Holder of Securities or Coupons 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 5.6, every power and remedy given by this Indenture or by law to the Trustee or to the Holders of Securities or Coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Securities or Coupons.

Appears in 3 contracts

Samples: Senior Indenture (Argo Group Us, Inc.), Subordinated Indenture (Argo Group Us, Inc.), Subordinated Indenture (Argo Group Us, Inc.)

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Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 5.6, or as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities or Coupons in the last paragraph of Section 2.9, no No right or remedy herein conferred upon or reserved to the Trustee or to the Holders of Securities or Coupons 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 Holder of any of the Securities or Coupons 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 5.6the other applicable provisions of this Indenture, every power and remedy given by this Indenture or by law to the Trustee or to the Holders of Securities or Coupons Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Securities Securityholders. Any right or Couponsremedy herein conferred upon or reserved to the Trustee may be exercised by it in its capacity as Trustee, as it may deem most efficacious, if it is then acting in such capacity.

Appears in 3 contracts

Samples: Indenture (Trans World Airlines Inc /New/), Indenture (Trans World Airlines Inc /New/), Indenture (Trans World Airlines Inc /New/)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as otherwise provided in Section 5.6, or as otherwise provided 5.06 and with respect to the replacement or payment of mutilated, defaced or destroyed, lost or stolen Securities or Coupons in the last paragraph sentence of Section 2.92.10, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders holders of Securities or Coupons 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 Holder holder of Securities or Coupons 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 5.65.06, every power and remedy given by this Indenture or by law to the Trustee or to the Holders holders of Securities or Coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders holders of Securities or CouponsSecurities, as the case may be.

Appears in 1 contract

Samples: Indenture (Science Applications International Corp)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in the last sentence of Section 2.9 and subject to Section 5.6, or as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities or Coupons in the last paragraph of Section 2.9, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders of Securities or Coupons 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 Holder of Securities or Coupons 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 5.6, every power and remedy given by this Indenture or by law to the Trustee or to the Holders of Securities or Coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Securities or Coupons.

Appears in 1 contract

Samples: Indenture (United States Cellular Corp)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 5.6, or as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities or Coupons 3.01 in the last paragraph case of a Replacement Capital Obligation Default and Section 2.96.06, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders of Securities or Coupons Notes 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 Holder of Securities or Coupons Notes to exercise any right or power accruing upon any Event of Default or a Replacement Capital Obligation 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 Replacement Capital Obligation Default or an acquiescence therein; and, subject to Section 5.63.01 in the case of a Replacement Capital Obligation Default and Section 6.06, every power and remedy given by this Indenture or by law to the Trustee or to the Holders of Securities or Coupons Notes may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Securities or CouponsNotes.

Appears in 1 contract

Samples: Indenture (Fidelis Insurance Holdings LTD)

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Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 5.6, or as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities or Coupons in the last paragraph of Section 2.9, no right or remedy herein conferred upon or reserved to the Trustee or to Trustee, the Holders of Securities or Coupons or the holders of Preferred Securities 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 Holder of Securities or Coupons or the holders of Preferred 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 5.6, every power and remedy given by this Indenture or by law to the Trustee or to the Holders of Securities or Coupons or the holders of Preferred Securities may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or Trustee, by the Holders of Securities or CouponsCoupons or by holders of Preferred Securities as the case may be.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Scottish Annuity & Life Holdings LTD)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as otherwise provided in Section 5.6, or as otherwise provided 5.6 and with respect to the replacement or payment of mutilated, defaced or destroyed, lost or stolen Securities or and Coupons in the last paragraph sentence of Section 2.9, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders holders of Securities or Coupons 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 Holder holder of Securities or Coupons 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 5.6, every power and remedy given by this Indenture or by law to the Trustee or to the Holders holders of Securities or Coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders holders of Securities or Coupons.

Appears in 1 contract

Samples: Indenture (Rubbermaid Inc)

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