Powers and Remedies Cumulative. Delay or Omission Not ----------------------------------------------------- Waiver of Default. No right or remedy herein conferred upon or reserved to the ----------------- Holder 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 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 every power and remedy given by this Master Loan Agreement or by law to the Holder may be exercised from time to time, and as often as shall be deemed expedient, by the Holder. Nothing in this Master Loan Agreement shall impair the right of the Holder in its discretion to take any action deemed proper by the Holder.
Appears in 2 contracts
Samples: Master Loan Agreement (Tycom LTD), Master Loan Agreement (Tycom LTD)
Powers and Remedies Cumulative. Delay or Omission Not ----------------------------------------------------- Waiver of Default. No right or remedy herein conferred upon or reserved to the ----------------- Holder Trustee or to the 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 Holder of any of the Notes to exercise as aforesaid any such 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 4.6 hereof, every power and remedy ----------- given by this Master Loan Agreement Indenture or by law to the Holder Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Holder. Nothing in this Master Loan Agreement shall impair the right of the Holder in its discretion to take any action deemed proper Trustee or by the HolderNoteholders.
Appears in 1 contract
Samples: Indenture (Edison Mission Energy)
Powers and Remedies Cumulative. Delay or Omission Not ----------------------------------------------------- Waiver of Default. No right or remedy herein conferred upon or reserved to the ----------------- Holder 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 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 every power and remedy given by this Master Loan Agreement Note or by law to the Holder may be exercised from time to time, and as often as shall be deemed expedient, by the Holder. Nothing in Any term or provision of this Master Loan Agreement Note (including this Section 2.02) to the contrary notwithstanding, the Holder shall impair the have no right of (directly or indirectly) to exercise, nor shall the Holder in fact exercise (directly or indirectly), any rights or remedies against the Issuer, any of its discretion Subsidiaries or any of their respective assets in respect of any breach hereunder or otherwise, nor shall the Holder commence (directly or indirectly) any litigation, action or other proceeding against any of the foregoing in respect of any breach hereunder or otherwise, unless (but only unless) an Event of Default has occurred and is continuing, and, in such event, the exercise of any such right or remedy shall be subject to take any action deemed proper by the HolderArticle 5 hereof.
Appears in 1 contract
Powers and Remedies Cumulative. Delay or Omission Not ----------------------------------------------------- Waiver of Default. No -----------------
(a) Except as provided in Section 8.6, no right or remedy herein conferred upon or reserved to the ----------------- Holder Trustee or to the 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 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 8.6, every power and remedy given by this Master Loan CVR Agreement or by law to the Holder Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Holder. Nothing in this Master Loan Agreement shall impair the right of the Holder in its discretion to take any action deemed proper Trustee or by the HolderHolders.
Appears in 1 contract
Samples: Contingent Value Rights Agreement (Hewlett Packard Co)