Common use of No Merger or Waiver; Cumulative Remedies Clause in Contracts

No Merger or Waiver; Cumulative Remedies. To the fullest extent permitted by applicable law, no Note Guarantee shall operate by way of merger of any of the obligations of a Guarantor under any other agreement, including, without limitation, this Indenture. To the fullest extent permitted by applicable law, no failure to exercise and no delay in exercising, on the part of the Trustee or the Holders, any right, remedy, power or privilege hereunder or under this Indenture or the Notes, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder or under this Indenture or the Notes preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. To the fullest extent permitted by applicable law, the rights, remedies, powers and privileges in the Note Guarantee and under this Indenture, the Notes and any other document or instrument between a Guarantor and/or the Company and the Trustee are cumulative and not exclusive of any rights, remedies, powers and privilege provided by law.

Appears in 12 contracts

Samples: Merger Agreement (Davita Inc), Renal Treatment (Davita Inc.), Merger Agreement (Physicians Management, LLC)

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No Merger or Waiver; Cumulative Remedies. To the fullest extent permitted by applicable law, no Note Guarantee shall operate by way of merger of any of the obligations of a Guarantor under any other agreement, including, without limitation, this Indenture. To the fullest extent permitted by applicable law, no failure to exercise and no delay in exercising, on the part of the Trustee or the Holders, any right, remedy, power or privilege hereunder or under this Indenture or the Notes, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder or under this Indenture or the Notes preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. To the fullest extent permitted by applicable law, the rights, remedies, powers and privileges in the Note Guarantee and under this Indenture, the Notes and any other document or instrument between a Guarantor and/or the Company and the Trustee are cumulative and not exclusive of any rights, remedies, powers and privilege provided by law.

Appears in 2 contracts

Samples: Indenture (Western Digital Corp), Indenture (Western Digital Corp)

No Merger or Waiver; Cumulative Remedies. To the fullest extent permitted by applicable law, no Note Subsidiary Guarantee shall operate by way of merger of any of the obligations of a Subsidiary Guarantor under any other agreement, including, without limitation, this Indenture. To the fullest extent permitted by applicable law, no failure to exercise and no delay in exercising, on the part of the Trustee or the HoldersHolders of the Notes, any right, remedy, power or privilege hereunder or under this the Indenture or the Notes, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder or under this the Indenture or the Notes preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. To the fullest extent permitted by applicable law, the rights, remedies, powers and privileges in the Note Guarantee and under this Indenture, the Notes and any other document or instrument between a Subsidiary Guarantor and/or the Company and the Trustee and the Holders of the Notes are cumulative and not exclusive of any rights, remedies, powers and privilege provided by law.

Appears in 2 contracts

Samples: Fourth Supplemental Indenture (Diversified Healthcare Trust), Fourth Supplemental Indenture (Diversified Healthcare Trust)

No Merger or Waiver; Cumulative Remedies. To the fullest extent permitted by applicable law, no Note Subsidiary Guarantee shall operate by way of merger of any of the obligations of a Subsidiary Guarantor under any other agreement, including, without limitation, this Indenture. To the fullest extent permitted by applicable law, no failure to exercise and no delay in exercising, on the part of the Trustee or the HoldersHolders of the Notes, any right, remedy, power or privilege hereunder or under this Indenture or the Notes, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder or under this Indenture or the Notes preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. To the fullest extent permitted by applicable law, the rights, remedies, powers and privileges in the Note Guarantee and under this Indenture, the Notes and any other document or instrument between a Subsidiary Guarantor and/or the Company and the Trustee and the Holders of the Notes are cumulative and not exclusive of any rights, remedies, powers and privilege provided by law.

Appears in 2 contracts

Samples: Indenture (Diversified Healthcare Trust), Supplemental Indenture (Office Properties Income Trust)

No Merger or Waiver; Cumulative Remedies. To the fullest extent permitted by applicable law, no Note Guarantee shall operate by way of merger of any of the obligations of a Guarantor under any other agreement, including, without limitation, this Indenture. To the fullest extent permitted by applicable law, no failure to exercise and no delay in exercising, on the part of the Trustee or the Holdersholders, any right, remedy, power or privilege hereunder or under this Indenture or the Notes, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder or under this Indenture or the Notes preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. To the fullest extent permitted by applicable law, the rights, remedies, powers and privileges in the Note Guarantee and under this Indenture, the Notes and any other document or instrument between a Guarantor and/or the Company and the Trustee are cumulative and not exclusive of any rights, remedies, powers and privilege provided by law.. ARTICLE TWELVE

Appears in 2 contracts

Samples: Western Digital Corp, WD Media, LLC

No Merger or Waiver; Cumulative Remedies. To the fullest extent permitted by applicable law, no Note the Guarantee shall not operate by way of merger of any of the obligations of a the Guarantor under any other agreement, including, without limitation, this Indenture. To the fullest extent permitted by applicable law, no failure to exercise and no delay in exercising, on the part of the Trustee or the Holdersholders of Securities, any right, remedy, power or privilege hereunder or under this Indenture or the NotesSecurities, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder or under this Indenture or the Notes Securities preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. To the fullest extent permitted by applicable law, the rights, remedies, powers and privileges in the Note Guarantee and under this Indenture, the Notes Securities and any other document or instrument between a the Guarantor and/or the Company and the Trustee are cumulative and not exclusive of any rights, remedies, powers and privilege provided by law. Table of Contents (u) The Form of Notation of Guarantee attached to this Supplemental Indenture as Exhibit A is hereby added as Exhibit B to the Indenture.

Appears in 1 contract

Samples: First Supplemental Indenture (Ii-Vi Inc)

No Merger or Waiver; Cumulative Remedies. To the fullest extent permitted by applicable law, no Note Subsidiary Guarantee shall operate by way of merger of any of the obligations of a Subsidiary Guarantor under any other agreement, including, without limitation, this Indenture. To the fullest extent permitted by applicable law, no failure to exercise and no delay in exercising, on the part of the Trustee or the HoldersHolders of the Notes, any right, remedy, power or privilege hereunder or under this Indenture or the Notes, shall operate as a waiver thereof; thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder or under this Indenture or the Notes preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. To the fullest extent permitted by applicable law, the rights, remedies, powers and privileges in the Note Guarantee and under this Indenture, the Notes and any other document or instrument between a Subsidiary Guarantor and/or the Company and the Trustee and the Holders of the Notes are cumulative and not exclusive of any rights, remedies, powers and privilege provided by law.

Appears in 1 contract

Samples: Service Properties Trust

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No Merger or Waiver; Cumulative Remedies. To the fullest extent permitted by applicable law, no Note the Guarantee shall not operate by way of merger of any of the obligations of a the Guarantor under any other agreement, including, without limitation, this Indenture. To the fullest extent permitted by applicable law, no failure to exercise and no delay in exercising, on the part of the Trustee or the Holdersholders of Securities, any right, remedy, power or privilege hereunder or under this Indenture or the NotesSecurities, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder or under this Indenture or the Notes Securities preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. To the fullest extent permitted by applicable law, the rights, remedies, powers and privileges in the Note Guarantee and under this Indenture, the Notes Securities and any other document or instrument between a the Guarantor and/or the Company and the Trustee are cumulative and not exclusive of any rights, remedies, powers and privilege provided by law.

Appears in 1 contract

Samples: First Supplemental Indenture (Finisar Corp)

No Merger or Waiver; Cumulative Remedies. To the fullest extent permitted by applicable law, no Note No Guarantee ---------------------------------------- shall operate by way of merger of any of the obligations of a any Guarantor under any other agreement, including, without limitation, this Indenture. To the fullest extent permitted by applicable law, no No failure to exercise and no delay in exercising, on the part of the Trustee or the Holders, any right, remedy, power or privilege hereunder or under this Indenture or the Notes, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder or under this Indenture or the Notes preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. To the fullest extent permitted by applicable law, the The rights, remedies, powers and privileges in the Note Guarantee herein and under this Indenture, the Notes and any other document or instrument between a any Guarantor and/or the Company and the Trustee Trustee, are cumulative and not exclusive of any rights, remedies, powers and privilege provided by law.

Appears in 1 contract

Samples: Sola International Inc

No Merger or Waiver; Cumulative Remedies. To the fullest extent permitted by No Guarantee or Company Guarantee, as applicable law, no Note Guarantee shall operate by way of merger of any of the obligations of a Guarantor or the U.S. Issuer under any other agreement, including, without limitation, this Indenture. To the fullest extent permitted by applicable law, no No failure to exercise and no delay in exercising, on the part of the Trustee or the Holders, any right, remedy, power or privilege hereunder or under this Indenture or the Notes, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder or under this Indenture or the Notes preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. To the fullest extent permitted by applicable law, the The rights, remedies, powers and privileges in the Note Guarantee, the Company Guarantee and under this Indenture, the Notes and any other document or instrument between a Guarantor or the U.S. Issuer and/or the Company Issuers and the Trustee are cumulative and not exclusive of any rights, remedies, powers and privilege privileges provided by law.

Appears in 1 contract

Samples: Indenture (Phibro Animal Health Corp)

No Merger or Waiver; Cumulative Remedies. To the fullest extent permitted by applicable law, no Note No ---------------------------------------- Guarantee shall operate by way of merger of any of the obligations of a any Guarantor under any other agreement, including, without limitation, this Indenture. To the fullest extent permitted by applicable law, no No failure to exercise and no delay in exercising, on the part of the Trustee or the Holders, any right, remedy, power or privilege hereunder or under this Indenture or the Notes, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder or under this Indenture or the Notes preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. To the fullest extent permitted by applicable law, the The rights, remedies, powers and privileges in the Note Guarantee herein and under this Indenture, the Notes and any other document or instrument between a any Guarantor and/or the Company and the Trustee Trustee, are cumulative and not exclusive of any rights, remedies, powers and privilege provided by law.

Appears in 1 contract

Samples: Manitowoc Co Inc

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