Remedies; No Remedy Exclusive. (a) Upon the occurrence of an Event of Default hereunder, the Insurer may take whatever action at law or in equity as may appear necessary or desirable in its judgment to collect the amounts, if any, then due under this Insurance Agreement or any other Transaction Document or to enforce performance and observance of any obligation, agreement or covenant of the Transaction Parties under this Insurance Agreement or any other Transaction Document, either in its own capacity or as Controlling Party.
(b) Unless otherwise expressly provided, no remedy herein conferred or reserved is intended to be exclusive of any other available remedy, but each remedy shall be cumulative and shall be in addition to other remedies given under this Insurance Agreement or any other Transaction Document, or existing at law or in equity. No delay or omission to exercise any right or power accruing under this Insurance Agreement or any other Transaction Document upon the happening of any event set forth in Section 5.1 shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Insurer to exercise any remedy reserved to the Insurer in this Article, it shall not be necessary to give any notice, other than such notice as may be required by this Article.
(c) Each party to this Insurance Agreement hereby agrees that, in addition to any other rights or remedies existing in its favor, it shall be entitled to specific performance and/or injunctive relief in order to enforce any of its rights or any obligation owed to it under the Transaction Documents.
Remedies; No Remedy Exclusive. (a) Upon the occurrence of an Event of Default, the Note Insurer may exercise any one or more of the rights and remedies set forth below:
(i) declare all indebtedness of every type or description then owed by the Administrator, FMC or the Issuer to the Note Insurer to be immediately due and payable, and the same shall thereupon be immediately due and payable, in each case subject to the provisions of the Indenture;
(ii) exercise any rights and remedies under the Trust Agreement, the Indenture or any other Basic Document in accordance with the terms thereof or direct the Indenture Trustee to exercise such remedies in accordance with the terms of the each such agreement, in each case subject to the provisions of the Indenture; or
(iii) take whatever action at law or in equity as may appear necessary or desirable in its judgment to collect the amounts then due under this Insurance and Indemnity Agreement, the Trust Agreement, the Indenture or any other Basic Document or to enforce performance and observance of any obligation, agreement or covenant of the Administrator, FMC or the Issuer under this Insurance and Indemnity Agreement, the Trust Agreement, the Indenture or any other Basic Document, in each case subject to the provisions of and to the extent allowed by the Trust Agreement, the Indenture or any other Basic Document.
(b) Unless otherwise expressly provided, no remedy herein conferred upon or reserved is intended to be exclusive of any other available remedy, but each remedy shall be cumulative and shall be in addition to other remedies given under this Insurance and Indemnity Agreement, the Trust Agreement, the Indenture or any other Basic Document, or existing at law or in equity, provided, however, that any amount recovered pursuant to the exercise of such remedies shall be subject to the priorities of payment set forth in Sections 5.04(b) and (c) and 8.02(e) of the Indenture, as applicable. No delay or omission to exercise any right or power accruing under this Insurance and Indemnity Agreement or any other Basic Documents upon the happening of any event set forth in Section 5.01 hereof shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Note Insurer to exercise any remedy reserved to the Note Insurer in this Article, it shall not be necessary to give any notice, other than such notice as ...
Remedies; No Remedy Exclusive. (a) Upon the occurrence of an Event of Default (other than a Surety Assets Coverage Event of Default), Financial Security may take whatever action at law or in equity as may appear necessary or desirable in its judgment to collect the amounts then due and thereafter to become due under the Fund Documents or to enforce performance and observance of any obligation, agreement or covenant of the Fund under the Fund Documents.
(b) If an Event of Default shall have occurred and be continuing, the Fund shall, upon receipt of a written request from Financial Security (a "Redemption Request"), deliver a Notice of Redemption pursuant to Section 5(b) of Article IV(C) of the Certificate with respect to, and shall redeem, such number of shares of Preferred Stock as shall be specified by Financial Security in such Redemption Request on a date designated by Financial Security not earlier than 15 days after the giving of such Redemption Request or such longer period as may be required by applicable law, provided that in the case of a Surety Assets Coverage Event of Default, Financial Security shall, within one Business Day, deliver a Redemption Request and the redemption date for such Redemption Request shall not be later than 35 days following the giving of such Redemption Request; however, the maximum number of shares of Preferred Stock that the Fund shall be required to redeem shall be the least number of whole shares of Preferred Stock the redemption of which, if deemed to have occurred on the Valuation Date as of which the Fund had failed to maintain such Surety Assets Coverage, could have been effected using the deemed proceeds (i.e., assuming sale at the Market Value) from the deemed sale of "Special Redemption Assets." For purposes hereof, Special Redemption Assets shall mean such portfolio holdings as are identified by the Fund in its sole discretion, the deemed sale of which for cash on the applicable Valuation Date on which the Surety Assets Coverage was not met would have caused the Surety Assets Coverage on a pro forma basis to have been met on such Valuation Date. The Fund need not liquidate the Special Redemption Assets; however, assets liquidated to effect the redemption must have the same Discount Factor or Factors as the Special Redemption Assets identified by the Fund. Any Redemption Request (other than a Redemption Request given pursuant to a Surety Assets Coverage Event of Default), once delivered, may be withdrawn by Financial Security at any time pr...
Remedies; No Remedy Exclusive. (a) Upon the occurrence and during the continuation of an Event of Default, the Insurer may exercise any one or more of the rights and remedies set forth below (provided, that nothing in this Section 5.02 shall be deemed to modify or limit the rights and remedies that may be exercised under the Indenture):
Remedies; No Remedy Exclusive. Upon the occurrence of an Event of Default, the Certificate Insurer may exercise any one or more of the rights and remedies set forth below:
Remedies; No Remedy Exclusive. (a) Upon the occurrence of an Event of Default, the Insurer may exercise any one or more of the rights and remedies set forth below against the party in default:
(i) declare all indebtedness of every type or description owed by such party to the Insurer to be immediately due and payable, and the same shall thereupon be immediately due and payable;
(ii) exercise any rights and remedies under any of the Transaction Documents in accordance with the terms of such Transaction Document or direct the Trustee to exercise such remedies in accordance with the terms of the Transaction Documents; or
(iii) take whatever action at law or in equity as may appear necessary or desirable in its judgment to collect the amounts then due and thereafter to become due under any of the Transaction Documents or to enforce performance and observance of any obligation, agreement or covenant of the Company, the Transferor or the Servicer under any of the Transaction Documents.
