Common use of Delay or Omission Not Waiver Clause in Contracts

Delay or Omission Not Waiver. No delay or omission of the Trustee or of any Holder of any Security or Coupon to exercise any right or remedy accruing upon any Event of Default shall, to the extent permitted by applicable law, 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 or by law to the Trustee or to any Holder of a Security or a Coupon may, to the extent permitted by applicable law, be exercised from time to time, and as often as may be deemed expedient, by the Trustee or by such Holder, as the case may be.

Appears in 17 contracts

Samples: Indenture (American Campus Communities Operating Partnership LP), Indenture (KKR Financial Holdings LLC), Indenture (Mid-America Apartments, L.P.)

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Delay or Omission Not Waiver. No delay or omission of the Trustee or of any Holder of any Security or Coupon to exercise any right or remedy accruing upon any Event of Default shall, to the extent permitted by applicable law, 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 or by law to the Trustee or to any Holder of a Security or a Coupon may, to the extent permitted by applicable law, be exercised from time to time, and as often as may be deemed expedient, by the Trustee or by such HolderXxxxxx, as the case may be.

Appears in 8 contracts

Samples: Indenture (W. P. Carey Inc.), Indenture (KKR Financial Holdings LLC), Indenture (ABB Finance (USA) Inc.)

Delay or Omission Not Waiver. No delay or omission of the Trustee or of any Holder of any Security or Coupon or of the holders of Preferred Securities to exercise any right or remedy accruing upon any Event of Default shall, to the extent permitted by applicable law, 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 or by law to the Trustee or to any Holder of a Security or a Coupon may, or to the extent permitted by applicable law, holders of Preferred Securities may be exercised from time to time, and as often as may be deemed expedient, by the Trustee Trustee, by such Holder or by such Holderholders of Preferred Securities, as the case may be.

Appears in 7 contracts

Samples: Junior Subordinated Indenture (Partnerre LTD), Indenture (Partnerre LTD), Ace Ina Holdings Inc

Delay or Omission Not Waiver. No delay or omission of the Trustee or of any Holder of any Security Debenture or Coupon to exercise any right or remedy accruing upon any Event of Default shall, to the extent permitted by applicable law, occurring and continuing as aforesaid shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every Subject to the provisions of Section 5.7, every right and remedy given by this Article or by law to the Trustee or to any Holder the Holders of a Security Debentures or a Coupon may, to the extent permitted by applicable law, Coupons may be exercised from time to time, and as often as may be deemed expedient, by the Trustee or by such Holderthe Holders of Debentures or Coupons, as the case may be.

Appears in 4 contracts

Samples: Calenergy Capital Trust Vi, Sun Healthcare Group Inc, Sun Healthcare Group Inc

Delay or Omission Not Waiver. No delay or omission of the Trustee or of any Holder of any Security or Coupon Debenture to exercise any right or remedy accruing upon any Event of Default shall, to the extent permitted by applicable law, occurring and continuing as aforesaid shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every Subject to the provisions of Section 7.7, every right and remedy given by this Article or by law to the Trustee or to any Holder the Holders of a Security or a Coupon may, to the extent permitted by applicable law, Debentures may be exercised from time to time, and as often as may be deemed expedient, by the Trustee or by such Holderthe Holders of Debentures, as the case may be.

Appears in 3 contracts

Samples: Indenture (Wabash National Corp /De), Indenture (Insignia Financing I), Qualicomm Financial Trust I

Delay or Omission Not Waiver. No delay or omission of the Trustee or of any Holder holder of any Security or Coupon to exercise any right or remedy accruing upon any Event of Default shall, shall (to the extent permitted by applicable law, ) 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 VIII or by law to the Trustee or to any Holder of a Security or a Coupon may, the holders may (to the extent permitted by applicable law, ) be exercised from time to time, time and as often as may be deemed expedient, by the Trustee or by such Holderthe holders, as the case may be.

Appears in 3 contracts

Samples: Indenture (Young & Rubicam Inc), Doubleclick Inc, Benchmark Electronics Inc

Delay or Omission Not Waiver. No delay or omission of the Trustee or of any Holder of any Security or Coupon to exercise any right or remedy accruing upon any Event of Default shall, to the extent permitted by applicable law, 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 or by law to the Trustee or to any Holder of a Security or a Coupon may, to the extent permitted by applicable law, be exercised from time to time, and as often as may be deemed expedient, by the Trustee or by such HolderXxxxxx, as the case may be.

Appears in 3 contracts

Samples: Solarcity Corp, Apple Hospitality REIT, Inc., Avalonbay Communities Inc

Delay or Omission Not Waiver. No delay or omission of the Trustee or of any Holder of any Security or Coupon to exercise any right or remedy accruing upon any Event of Default shall, to the extent permitted by applicable law, 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 or by law to the Trustee or to any Holder of a Security or a Coupon may, to the extent permitted by applicable law, be exercised from time to time, and as often as may be deemed expedient, by the Trustee or by such Holder, as the case may be.

Appears in 2 contracts

Samples: Abb LTD, Abb LTD

Delay or Omission Not Waiver. No delay or omission of the Trustee or of any Holder of any Security or Coupon Coupon, if any, appertaining thereto to exercise any right or remedy accruing upon any Event of Default shall, to the extent permitted by applicable law, or any Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Trustee or to the Holders of any Holder of a Security or a Coupon mayCoupon, to the extent permitted by applicable lawif any, appertaining thereto may be exercised from time to time, and as often as may be deemed expedient, by the Trustee or by such HolderHolders, as the case may be.

Appears in 2 contracts

Samples: Indenture (PNC Funding Corp), Bancorpsouth Inc

Delay or Omission Not Waiver. No delay or omission of the Trustee or of any Holder of any Security or Coupon Debenture to exercise any right or remedy accruing upon any Event of Default shall, to the extent permitted by applicable law, occurring and continuing as aforesaid shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every Subject to the provisions of Section 4.7, every right and remedy given by this Article or by law to the Trustee or to any Holder the Holders of a Security or a Coupon may, to the extent permitted by applicable law, Debentures may be exercised from time to time, and as often as may be deemed expedient, by the Trustee or by such Holderthe Holders of Debentures, as the case may be.

Appears in 2 contracts

Samples: K N Capital Trust Ii /De/, K N Capital Trust Iii

Delay or Omission Not Waiver. No To the extent permitted by applicable law, no delay or omission of the Trustee or of any Holder of any Security or Coupon Securities to exercise any right or remedy accruing upon any Event of Default shall, to the extent permitted by applicable law, or Covenant Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or Covenant Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Trustee or to any Holder of a Security or a Coupon may, to the extent permitted by applicable law, Holders may be exercised from time to time, and as often as may be deemed expedient, by the Trustee or by such Holderthe Holders, as in each case in accordance with the case may beterms of this Indenture.

Appears in 2 contracts

Samples: Share Repurchase Agreement (American International Group Inc), Supplemental Indenture (AerCap Global Aviation Trust)

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Delay or Omission Not Waiver. No delay or omission of the Trustee or of any Holder holder of any Security or Coupon to exercise any right or remedy accruing upon any Event of Default shall, shall (to the extent permitted by applicable law, ) 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 VII or by law to the Trustee or to any Holder of a Security or a Coupon may, the holders may (to the extent permitted by applicable law, ) be exercised from time to time, time and as often as may be deemed expedient, by the Trustee or by such Holderthe holders, as the case may be.

Appears in 1 contract

Samples: Gilat Satellite Networks LTD

Delay or Omission Not Waiver. No delay or omission of the Trustee or of any Holder holder of any Security or Coupon Convertible Subordinated Note to exercise any right or remedy accruing upon any Event of Default shall, shall (to the extent permitted by applicable law, ) 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 6 or by law to the Trustee or to any Holder of a Security or a Coupon may, the holders may (to the extent permitted by applicable law, ) be exercised from time to time, time and as often as may be deemed expedient, by the Trustee or by such Holderthe holders, as the case may be.

Appears in 1 contract

Samples: Indenture (Doubleclick Inc)

Delay or Omission Not Waiver. No delay or omission of the Trustee Trustee, the Servicer, the Special Servicer or of any Holder of any Security or Coupon Note to exercise any right or remedy accruing upon any Event of Default shall, to the extent permitted by applicable law, 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 Indenture or by any of the Security Documents or by law to the Trustee Trustee, the Servicer, the Special Servicer or to any Holder of a Security or a Coupon may, to the extent permitted by applicable law, Holders may be exercised from time to time, and as often as may be deemed expedient, to the extent permitted by applicable law, by the Trustee Trustee, the Servicer, the Special Servicer or by the Holders entitled to exercise such Holderremedies, as the case may be.

Appears in 1 contract

Samples: Indenture and Servicing Agreement (Vornado Realty Trust)

Delay or Omission Not Waiver. No delay or omission of the Trustee or of any Holder of any Security or Coupon to exercise any right or remedy accruing upon any Event of Default shall, to the extent permitted by applicable law, 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 or by law to the Trustee or to any Holder of a Security or a Coupon may, to the extent permitted by applicable law, be exercised from time to time, and as often as may be deemed expedient, by the Trustee or by such HoldersuchHolder, as the case may be.

Appears in 1 contract

Samples: Reconciliation And (Hunt J B Transport Services Inc)

Delay or Omission Not Waiver. No delay or omission of the Trustee or of any Holder of any Security or Coupon Debenture to exercise any right or remedy accruing upon any Event of Default shall, to the extent permitted by applicable law, occurring and continuing as aforesaid shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every Subject to the provisions of Section 4.07, every right and remedy given by this Article or by law to the Trustee or to any Holder the Holders of a Security or a Coupon may, to the extent permitted by applicable law, Debentures may be exercised from time to time, and as often as may be deemed expedient, by the Trustee or by such Holderthe Holders of Debentures, as the case may be.

Appears in 1 contract

Samples: Lodgian Inc

Delay or Omission Not Waiver. No delay or omission of the Trustee or of any Holder of any Security or Coupon to exercise any right or remedy accruing upon any Event of Default shall, to the extent permitted by applicable law, 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 Five or by law to the Trustee or to any Holder of a Security or a Coupon may, to the extent permitted by applicable law, be exercised from time to time, and as often as may be deemed expedient, by the Trustee or by such HolderXxxxxx, as the case may be.

Appears in 1 contract

Samples: Washington Prime Group Inc.

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