Remedies Cumulative; Delay or Omission Not a Waiver. To the extent permitted by law, every remedy given hereunder to the Indenture Trustee or to any of the Noteholders shall not be exclusive of any other remedy or remedies, and every such remedy shall be cumulative and in addition to every other remedy given hereunder or now or hereafter given by statute, law, equity or otherwise. The Indenture Trustee may exercise all or any of the powers, rights or remedies given to it hereunder or which may be now or hereafter given by statute, law, equity or otherwise, in its absolute discretion. No course of dealing between the Issuers and the Indenture Trustee or the Noteholders or any delay or omission of the Indenture Trustee or of the Holders to exercise any right, remedy or power accruing upon any Event of Default shall impair any right, remedy or power or shall be construed to be a waiver of any such Event of Default or of any right of the Indenture Trustee or of any Holder or acquiescence therein, and every right, remedy and power given by this Article IX to the Indenture Trustee or to the Holders may, to the extent permitted by law, be exercised from time to time and as often as may be deemed expedient by the Indenture Trustee or by the Holders.
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Samples: Indenture (Williams Companies Inc)
Remedies Cumulative; Delay or Omission Not a Waiver. To the extent permitted by law, every remedy given hereunder to the Indenture Trustee Trustee, any Insurer or to any of the Noteholders shall not be exclusive of any other remedy or remedies, and every such remedy shall be cumulative and in addition to every other remedy given hereunder or now or hereafter given by statute, law, equity or otherwise. The Subject to the terms of this Indenture specifically including the rights of any Insurer as Series Controlling Party or Aggregate Controlling Party relating to the Notes or a Series of Notes, respectively (as applicable, so long as such Insurer is the Aggregate Controlling Party relating to the Notes or the Series Controlling Party relating to a Series of Notes), to direct actions of the Indenture Trustee in accordance with the terms of this Indenture, the Indenture Trustee may exercise all or any of the powers, rights or remedies given to it hereunder or which may be now or hereafter given by statute, law, equity or otherwise, in its absolute discretion. No course of dealing between the Issuers Co-Issuers, any Insurer and the Indenture Trustee or the Noteholders or any delay or omission of the Indenture Trustee Trustee, any Insurer or of the Holders Noteholders to exercise any right, remedy or power accruing upon any Event of Default shall impair any right, remedy or power or shall be construed to be a waiver of any such Event of Default or of any right of the Indenture Trustee Trustee, any Insurer or of any Holder the Noteholders or acquiescence therein, and every right, remedy and power given by this Article IX V to the Indenture Trustee Trustee, any Insurer or to the Holders Noteholders may, to the extent permitted by law, be exercised from time to time and as often as may be deemed expedient by the Indenture Trustee Trustee, any such Insurer or by the HoldersNoteholders.
Appears in 1 contract
Samples: Base Indenture (Ihop Corp)
Remedies Cumulative; Delay or Omission Not a Waiver. To the extent permitted by law, every remedy given hereunder to the New Indenture Trustee or to any of the New Noteholders shall not be exclusive of any other remedy or remedies, and every such remedy shall be cumulative and in addition to every other remedy given hereunder or now or hereafter given by statute, law, equity or otherwise. The New Indenture Trustee may exercise all or any of the powers, rights or remedies given to it hereunder or which may be now or hereafter given by statute, law, equity or otherwise, in its absolute discretion. No course of dealing between or among the Issuers and Issuers, the Guarantor and/or the New Indenture Trustee or the New Noteholders or any delay or omission of the New Indenture Trustee or of the New Holders to exercise any right, remedy or power accruing upon any Event of Default shall impair any right, remedy or power or shall be construed to be a waiver of any such Event of Default or of any right of the New Indenture Trustee or of any New Holder or acquiescence therein, and every right, remedy and power given by this Article IX hereunder to the New Indenture Trustee or to the New Holders may, to the extent permitted by law, be exercised from time to time and as often as may be deemed expedient by the New Indenture Trustee or by the New Holders.
Appears in 1 contract
Samples: Indenture (El Paso Corp/De)
Remedies Cumulative; Delay or Omission Not a Waiver. To the extent permitted by lawApplicable Law, every remedy given hereunder under the Transaction Documents to the Indenture a Trustee or to any of the Noteholders other Beneficiaries shall not be exclusive of any other remedy or remedies, and every such remedy shall be cumulative and in addition to every other remedy given hereunder or now or hereafter given by statuteApplicable Law. Subject to its obligations to the Beneficiaries, law, equity or otherwise. The Indenture each Trustee may exercise all or any of the powers, rights or remedies given to it hereunder under the Transaction Documents or which that may be now or hereafter given by statute, law, equity Applicable Law or otherwise, otherwise in its absolute discretion. No course of dealing between or course of performance among the Issuers and Company, a Trustee and/or the Indenture Trustee or the Noteholders other Beneficiaries, or any delay or omission of the Indenture a Trustee or of the Holders any other Beneficiary to exercise any right, remedy or power accruing upon any Event of Default power, shall impair any right, remedy or power or shall be construed to be a waiver of any such Event of Default right, remedy or of any right power of the Indenture Trustee Trustees or of any Holder or acquiescence the other Beneficiaries therein, and every right, remedy and power given by this Article IX to the Indenture Trustee Trustees or to the Holders other Beneficiaries by the Transaction Documents may, to the extent permitted by lawApplicable Law, be exercised from time to time and as often as may be deemed expedient by a Trustee and/or the Indenture Trustee other Beneficiaries. The Trustees shall not be deemed to have waived any of its rights or remedies in respect of the Company’s obligations to the Beneficiaries under the Transaction Documents and/or the Collateral unless such waiver shall be in writing and signed by the Holderssuch Trustee; it being understood that a waiver on any one occasion shall not be construed as a bar to or waiver of any right or remedy on any future occasion.
Appears in 1 contract
Remedies Cumulative; Delay or Omission Not a Waiver. To the extent permitted by law, every Every remedy given hereunder to the Indenture Trustee or to any of the Noteholders Certificate Holders shall not be exclusive of any other remedy or remedies, and every such remedy shall be cumulative and in addition to every other remedy given hereunder or now or hereafter given by statute, law, equity or otherwise. The Indenture Trustee may exercise all or any of the powers, rights or remedies given to it hereunder or which may be now or hereafter be given by statute, law, law or equity or otherwise, in its absolute discretion. No course of dealing between the Issuers Company and the Indenture Trustee or the Noteholders Certificate Holders, or any delay or omission of the Indenture Trustee or of the Holders any Holder to exercise any right, remedy or power accruing upon any Event of Default shall impair any such right, remedy or power or shall be construed to be a waiver of any such Event of Default or of any right of the Indenture Trustee or of any Holder the Certificate Holders or acquiescence therein, and and, subject to the provisions of Section 4.9, every right, remedy and power given by this Article IX to the Indenture Trustee or to the Certificate Holders may, to the extent permitted by law, may be exercised from time to time and as often as may be deemed expedient by the Indenture Trustee or by the HoldersNoteholders.
Appears in 1 contract
Samples: Trust Indenture and Security Agreement (Northeast Utilities System)
Remedies Cumulative; Delay or Omission Not a Waiver. To the extent permitted by law, every remedy given hereunder to the Indenture Trustee Trustee, the Insurer or to any of the Noteholders shall not be exclusive of any other remedy or remedies, and every such remedy shall be cumulative and in addition to every other remedy given hereunder or now or hereafter given by statute, law, equity or otherwise. The Subject to the terms of this Indenture specifically including the rights of the Insurer as Controlling Party (so long as it is the Controlling Party) to direct actions of the Indenture Trustee in accordance with the terms of this Indenture, the Indenture Trustee may exercise all or any of the powers, rights or remedies given to it hereunder or which may be now or hereafter given by statute, law, equity or otherwise, in its absolute discretion. No course of dealing between the Issuers Issuer, the Insurer and the Indenture Trustee or the Noteholders or any delay or omission of the Indenture Trustee Trustee, the Insurer or of the Holders Noteholders to exercise any right, remedy or power accruing upon any Event of Default shall impair any right, remedy or power or shall be construed to be a waiver of any such Event of Default or of any right of the Indenture Trustee Trustee, the Insurer or of any Holder the Noteholders or acquiescence therein, and every right, remedy and power given by this Article IX Five to the Indenture Trustee Trustee, the Insurer or to the Holders Noteholders may, to the extent permitted by law, be exercised from time to time and as often as may be deemed expedient by the Indenture Trustee Trustee, the Insurer or by the HoldersNoteholders.
Appears in 1 contract
Samples: Indenture (Triarc Companies Inc)
Remedies Cumulative; Delay or Omission Not a Waiver. To the extent permitted by law, every remedy given hereunder to the Indenture Trustee Trustee, any Insurer or to any of the Noteholders shall not be exclusive of any other remedy or remedies, and every such remedy shall be cumulative and in addition to every other remedy given hereunder or now or hereafter given by statute, law, equity or otherwise. The Subject to the terms of this Base Indenture specifically including the rights of any Insurer as Series Controlling Party or Aggregate Controlling Party relating to the Notes or a Series of Notes, respectively (as applicable, so long as any Insurer is the Aggregate Controlling Party relating to the Notes or the Series Controlling Party relating to a Series of Notes), to direct actions of the Indenture Trustee in accordance with the terms of this Base Indenture, the Indenture Trustee may exercise all or any of the powers, rights or remedies given to it hereunder or which may be now or hereafter given by statute, law, equity or otherwise, in its absolute discretion. No course of dealing between among the Issuers Co-Issuers, any Insurer and the Indenture Trustee or the Noteholders or any delay or omission of the Indenture Trustee Trustee, any Insurer or of the Holders Noteholders to exercise any right, remedy or power accruing upon any Event of Default shall impair any right, remedy or power or shall be construed to be a waiver of any such Event of Default or of any right of the Indenture Trustee Trustee, any Insurer or of any Holder the Noteholders or acquiescence therein, and every right, remedy and power given by this Article IX V to the Indenture Trustee Trustee, any Insurer or to the Holders Noteholders may, to the extent permitted by law, be exercised from time to time and as often as may be deemed expedient by the Indenture Trustee Trustee, any such Insurer or by the HoldersNoteholders.
Appears in 1 contract
Samples: Base Indenture (Ihop Corp)