Common use of Remedies Cumulative; Delay or Omission Not a Waiver Clause in Contracts

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, 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 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.

Remedies Cumulative; Delay or Omission Not a Waiver. To the extent permitted by law, every remedy given hereunder to the New Indenture Trustee Trustee, any Insurer 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 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 or among the Co-Issuers, any Insurer and the Guarantor and/or the New Indenture Trustee or the New Noteholders or any delay or omission of the New Indenture Trustee Trustee, any Insurer or of the New 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 New Indenture Trustee Trustee, any Insurer or of any New Holder the Noteholders or acquiescence therein, and every right, remedy and power given hereunder by this Article V to the New Indenture Trustee Trustee, any Insurer or to the New 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 New Indenture Trustee Trustee, any such Insurer or by the New HoldersNoteholders.

Remedies Cumulative; Delay or Omission Not a Waiver. To the extent permitted by law, every remedy given hereunder to the New Indenture Trustee Trustee, any Insurer 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 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 or among the Co-Issuers, any Insurer and the Guarantor and/or the New Indenture Trustee or the New Noteholders or any delay or omission of the New Indenture Trustee Trustee, any Insurer or of the New 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 New Indenture Trustee Trustee, any Insurer or of any New Holder the Noteholders or acquiescence therein, and every right, remedy and power given hereunder by this Article V to the New Indenture Trustee Trustee, any Insurer or to the New 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 New Indenture Trustee Trustee, any such Insurer or by the New HoldersNoteholders.

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 New Indenture a Trustee or to any of the New 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 New 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 IssuersCompany, the Guarantor a Trustee and/or the New Indenture Trustee or the New Noteholders other Beneficiaries, or any delay or omission of the New Indenture a Trustee or of the New 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 New Indenture Trustee Trustees or of any New Holder or acquiescence the other Beneficiaries therein, and every right, remedy and power given hereunder to the New Indenture Trustee Trustees or to the New 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 New 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 New 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.

Remedies Cumulative; Delay or Omission Not a Waiver. To the extent permitted by law, every remedy given hereunder to the New Indenture Trustee Trustee, the Insurer 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 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 or among the IssuersIssuer, the Guarantor and/or Insurer and the New Indenture Trustee or the New Noteholders or any delay or omission of the New Indenture Trustee Trustee, the Insurer or of the New 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 New Indenture Trustee Trustee, the Insurer or of any New Holder the Noteholders or acquiescence therein, and every right, remedy and power given hereunder by this Article Five to the New Indenture Trustee Trustee, the Insurer or to the New 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 New Indenture Trustee Trustee, the Insurer or by the New HoldersNoteholders.