Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Securities or any holder of any Preferred Security to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Securities, as the case may be.
Appears in 177 contracts
Samples: Indenture (Paragon Commercial CORP), Junior Subordinated Indenture (Entegra Financial Corp.), Junior Subordinated Indenture (Capstead Mortgage Corp)
Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Securities Security or any holder of any Preferred Security to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Securities, as the case may be.
Appears in 31 contracts
Samples: Silicon Valley Bancshares, Silicon Valley Bancshares, Indenture (Riggs National Corp)
Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Security with respect to the Securities or any holder of any Preferred Security to exercise any right or remedy accruing upon any Event of Default with respect to the Securities shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Securities, as the case may be.
Appears in 8 contracts
Samples: Sun Capital Trust, Pfbi Capital Trust, Greater Community Bancorp
Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Securities or any holder of any Preferred Security to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Securities, as the case may be.
Appears in 7 contracts
Samples: Indenture (Ingersoll Rand Co), Indenture (Everest Re Capital Trust Iii), Indenture (Ingersoll Rand Co)
Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Securities or any holder of any Preferred Security to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by in Section 5.8 5.07 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Securities, as the case may be.
Appears in 5 contracts
Samples: State National Companies, Inc., Indenture (First Mercury Financial Corp), Indenture (First Mercury Financial Corp)
Delay or Omission Not Waiver. No delay or omission of the Trustee, Trustee or of any Holder of any Securities or any holder of any Preferred Security to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an any acquiescence therein. Every right and remedy given by this Article V Five or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, Trustee or (subject to the limitations contained in this Indenture) by the Holders or the holders of Preferred Securities, Securities as the case may be.
Appears in 4 contracts
Samples: Indenture (Shire Pharmaceuticals Group PLC), Indenture (Alcatel Usa Inc), Indenture (DSC Communications Corp)
Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Securities or any holder of any Preferred Security to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article ARTICLE V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section SECTION 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Securities, as the case may be.
Appears in 4 contracts
Samples: Trust Agreement (Bankatlantic Bancorp Inc), Indenture (Bankatlantic Bancorp Inc), Uici
Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Securities Security or any holder of any Preferred Capital Security to exercise any right or remedy accruing upon any Event of Default with respect to the Securities of the related series shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Capital Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Capital Securities, as the case may be.
Appears in 4 contracts
Samples: Indenture (Centura Banks Inc), Colonial Bancgroup Inc, First Hawaiian Capital I
Delay or Omission Not Waiver. No delay or omission of the Trustee, Trustee or of any Holder of any Securities or any holder of any Preferred Security to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an any acquiescence therein. Every right and remedy given by this Article V Five or by ------------ law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, Trustee or (subject to the limitations contained in this Indenture) by the Holders or the holders of Preferred Securities, Securities as the case may be.
Appears in 3 contracts
Samples: Indenture (Medarex Inc), Medarex Inc, Digital Island Inc
Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Securities Security or any holder of any Preferred Trust Security to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Trust Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Trust Preferred Securities, as the case may be.
Appears in 3 contracts
Samples: Indenture (Evans Capital Trust III), Indenture (Privatebancorp Capital Trust Iv), Bridge Statutory Capital Trust I
Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Securities Security or any holder of any Preferred Security to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Trust Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Trust Preferred Securities, as the case may be.
Appears in 3 contracts
Samples: Fib Capital Trust, First Interstate Bancsystem of Montana Inc, Fib Capital Trust
Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Securities Debenture or any holder of any Preferred Security to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Securities, as the case may be.
Appears in 3 contracts
Samples: Indenture (Txi Capital Trust I), Gentiva Health Services Inc, Caremark Rx Inc
Delay or Omission Not Waiver. No delay or omission of the Trustee, Trustee or of any Holder of any Securities or any holder of any Preferred Security to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an any acquiescence therein. Every right and remedy given by this Article V Four or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, Trustee or (subject to the limitations contained in this Indenture) by the Holders or the holders of Preferred Securities, as the case may be.
Appears in 3 contracts
Samples: Indenture Agreement (Protein Design Labs Inc/De), Asm International N V, Cell Therapeutics Inc
Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Securities Security or any holder of any Preferred Security Security, in each case with respect to the Securities of the related series, to exercise any right or remedy accruing upon any Event of Default with respect to the Securities of the related series shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Securities, as the case may be.
Appears in 3 contracts
Samples: Pennsylvania Power & Light Co /Pa, Northern Trust Corp, NTC Capital Iii
Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Securities Security or any holder of any Preferred Security to exercise any right or remedy accruing upon any Event of Default with respect to the Securities of the related series shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Securities, as the case may be.
Appears in 2 contracts
Delay or Omission Not Waiver. No delay or omission of the Trustee, Trustee or of any Holder of any Securities or any holder of any Preferred Security to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an any acquiescence therein. Every right and remedy given by this Article V Five or ------------ by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, Trustee or (subject to the limitations contained in this Indenture) by the Holders or the holders of Preferred Securities, Securities as the case may be.
Appears in 2 contracts
Samples: Indenture (Cor Therapeutics Inc / De), Siebel Systems Inc
Delay or Omission Not Waiver. No delay or omission of the Trustee, Trustee or of any Holder of any Securities or any holder of any Preferred Security to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an any acquiescence therein. Every right and remedy given by this Article V 5 or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, Trustee or (subject to the limitations contained in this Indenture) by the Holders or the holders of Preferred Securities, as the case may be.
Appears in 2 contracts
Samples: Indenture (Drdgold LTD), Ventro Corp
Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Securities or any holder of any Preferred Security to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Securities, as the case may be. SECTION 5.12.
Appears in 2 contracts
Samples: Simmons First National Corp, Simmons First National Corp
Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Securities Security or any holder of any Preferred Preference Security to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Preference Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Preference Securities, as the case may be.
Appears in 2 contracts
Samples: Hl&p Capital Trust Iv, Hl&p Capital Trust I
Delay or Omission Not Waiver. No delay or omission of the Trustee, Trustee or of any Holder of any Securities Security of any series or any holder of any Preferred Security Coupon appertaining thereto to exercise any right or remedy accruing upon any Event of Default in respect of the Securities of such series shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 or Coupons may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders Trustee or the holders of Preferred Securitiesby such Holders, as the case may be.
Appears in 2 contracts
Samples: Indenture (Fortune Brands Inc), Indenture (Fortune Brands Inc)
Delay or Omission Not Waiver. No delay or omission of ----------------------------- the Trustee, any Holder of any Securities Security or any holder of any Preferred Security to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 5.08 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Securities, as the case may be.
Appears in 1 contract
Samples: National Commerce Financial Corp
Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Securities Security or any holder of any Preferred Security to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 and 5.9 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Securities, as the case may be.
Appears in 1 contract
Samples: Subordinated Indenture (Delphi Financial Group Inc/De)
Delay or Omission Not Waiver. No delay or omission of the Trustee, Trustee or any Holder of any Securities or any holder of any Preferred Security to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Securities, as the case may be.
Appears in 1 contract
Samples: Indenture (Anthracite Capital Inc)
Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Securities or any holder of any Preferred Security to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article V or by law to the Trustee or to the Holders and --------- the right and remedy given to the holders of Preferred Securities by Section 5.8 ----------- may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Securities, as the case may be.
Appears in 1 contract
Samples: Indenture (First Banks, Inc)
Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder holder of any Securities Security or any holder of any Preferred Security to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders holders or the holders of Preferred Securities, as the case may be.
Appears in 1 contract
Samples: Praegitzer Industries Inc
Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Securities or any holder of any Preferred Security to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article V or by law to the Trustee or to the Holders and the right and remedy given even to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Securities, as the case may be.
Appears in 1 contract
Samples: Novastar Financial Inc
Delay or Omission Not Waiver. No delay or omission of the ------------- ---------------------------- Trustee, any Holder of any Securities Security or any holder of any Preferred Capital Security to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Capital Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Capital Securities, as the case may be.
Appears in 1 contract
Samples: Chittenden Capital Trust I
Delay or Omission Not Waiver. No delay or omission of the Trustee, Indenture Trustee or of any Holder of any Securities or any holder of any Preferred Security Note to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an any acquiescence therein. Every right and remedy given by this Article V Six or by law to the Indenture Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, Indenture Trustee or by the Holders or the holders of Preferred SecuritiesNoteholders, as the case may be, subject in each case, however, to the right of the Majority Holders to control any such right and remedy except as provided in Section 6.14 hereof.
Appears in 1 contract
Samples: Indenture (Microfinancial Inc)
Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Securities Security or any holder of any Preferred Security or coupon to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 7.08 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of the Preferred Securities, as the case may be. SECTION 7.12.
Appears in 1 contract
Samples: First Chicago NBD Capital Iv
Delay or Omission Not Waiver. No delay or omission of the Trustee, any Holder of any Securities or any holder of any Preferred Security to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders or the holders of Preferred Securities, as the case may be.. 39
Appears in 1 contract
Samples: Simmons First National Corp
Delay or Omission Not Waiver. No delay or omission of the Trustee, Trustee or of any Holder of any Securities or any holder of any Preferred Security to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an any acquiescence therein. Every right and remedy given by this Article V 5 or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, Trustee or (subject to the limitations contained in this Indenture) by the Holders or the holders of Preferred Securities, as the case may be.
Appears in 1 contract
Samples: Veritas Software Corp
Delay or Omission Not Waiver. No delay or omission of the Trustee, Trustee or any Holder of any Securities Security or any holder of any Preferred Capital Security to exercise any right or remedy accruing upon any Event of Default with respect to the Securities of the related series shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article V or by law to the Trustee or to the Holders and the right and remedy given to the holders of Preferred Capital Securities by Section 5.8 may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Holders Holders, or the holders of Preferred Capital Securities, as the case may be.
Appears in 1 contract
Samples: Trust Agreement (DPL Inc)
