Common use of No Waiver Clause in Contracts

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 297 contracts

Samples: Supplemental Indenture (Alcoa Corp), Indenture (TransDigm Group INC), Indenture (NCR Atleos, LLC)

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No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 212 contracts

Samples: Intercreditor Agreement (Azure Power Global LTD), Indenture (ReNew Energy Global PLC), Indenture (JBS Holding Luxembourg S.A R.L.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 12 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 12 at law, in equity, by statute or otherwise.

Appears in 31 contracts

Samples: Collateral Agreement (Qwest Corp), Collateral Agreement (Qwest Corp), Cinemark Holdings, Inc.

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 Ten shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and are not exclusive of any other rights, remedies or benefits which either may have under this Article 10 Ten at law, in equity, by statute or otherwise.

Appears in 28 contracts

Samples: Indenture (Transact LTD), Intercreditor Agreement, Indenture (Ardagh Group S.A.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 Thirteen shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 Thirteen at law, in equity, by statute or otherwise.

Appears in 26 contracts

Samples: Supplemental Indenture (Level 3 Communications Inc), Supplemental Indenture (Level 3 Communications Inc), Supplemental Indenture (Level 3 Communications Inc)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 24 contracts

Samples: Indenture (Renee Avenue Health Holdings LLC), Indenture (Intelsat S.A.), Indenture (Intelsat S.A.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 Ten shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 Ten at law, in equity, by statute or otherwise.

Appears in 21 contracts

Samples: Indenture (Qorvo, Inc.), Indenture (Qorvo, Inc.), Indenture (Qorvo, Inc.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee Trustee, the Collateral Agent or the Holders in exercising any right, power or privilege under this Article 10 12 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee Trustee, the Collateral Agent and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 12 at law, in equity, by statute or otherwise.

Appears in 14 contracts

Samples: Intercreditor Agreement (Berry Global Group, Inc.), Intercreditor Agreement (Berry Global Group, Inc.), Indenture (Berry Global Group, Inc.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 Twelve shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 Twelve at law, in equity, by statute or otherwise.

Appears in 14 contracts

Samples: Indenture (Level 3 Parent, LLC), Agreement (Level 3 Parent, LLC), Indenture (Vault Holding 1, LLC)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 13 contracts

Samples: Indenture (Cco Holdings Capital Corp), Indenture (Charter Communications, Inc. /Mo/), First Lien Intercreditor Agreement (Charter Communications, Inc. /Mo/)

No Waiver. Neither a failure nor a delay on the part of either the Trustee Trustee, the Agents or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee Trustee, the Agents and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 13 contracts

Samples: Collateral Agreement (Arconic Corp), Intercreditor Agreement (Arconic Inc.), Intercreditor Agreement (Arconic Rolled Products Corp)

No Waiver. Neither a failure nor a delay on the part of either of, the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 13 contracts

Samples: Indenture (NXP Semiconductors N.V.), NXP Semiconductors N.V., NXP Semiconductors N.V.

No Waiver. Neither a failure nor a delay on the part of either the Trustee Trustee, the Collateral Agent or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee Trustee, the Collateral Agent and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either that any of them may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 11 contracts

Samples: Indenture (Aquestive Therapeutics, Inc.), Indenture (Blue Water Acquisition Corp.), Indenture (Aquestive Therapeutics, Inc.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 ‎Article 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 ‎Article 11 at law, in equity, by statute or otherwise.

Appears in 10 contracts

Samples: Indenture (JBS Holding Luxembourg S.A R.L.), JBS S.A., JBS S.A.

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 9 contracts

Samples: Supplemental Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.), Supplemental Indenture (Altice USA, Inc.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 Ten shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and are not exclusive of any other rights, remedies or benefits which either may have under this Article 10 Ten at law, in equity, by statute or otherwise.

Appears in 9 contracts

Samples: Indenture (Royal Caribbean Cruises LTD), Indenture (Royal Caribbean Cruises LTD), Indenture (Carnival PLC)

No Waiver. Neither a failure nor a delay on the part of either the Trustee Trustee, the Collateral Agent or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee Trustee, the Collateral Agent and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 8 contracts

Samples: Indenture (CBL & Associates Limited Partnership), Indenture (CBL & Associates Limited Partnership), Indenture (CBL & Associates Limited Partnership)

No Waiver. Neither a failure nor a delay on the part of --------- either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 7 contracts

Samples: Indenture (Fs Equity Partners Iii Lp), Cbre Holding Inc, Armkel LLC

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 12 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and Collateral Agent and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 12 at law, in equity, by statute or otherwise.

Appears in 7 contracts

Samples: Indenture (Qwest Corp), Indenture (Qwest Corp), Indenture (Qwest Corp)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and are not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 7 contracts

Samples: Indenture (Foresight Energy LP), Digicel Group LTD, Digicel Group LTD

No Waiver. Neither a failure nor a delay on the part of either the Trustee Trustee, the Security Agent or the Holders in exercising any right, power or privilege under this Article 10 Ten shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee Trustee, the Security Agent and the Holders herein expressly specified are cumulative and are not exclusive of any other rights, remedies or benefits which either may have under this Article 10 Ten at law, in equity, by statute or otherwise.

Appears in 7 contracts

Samples: Indenture (Carnival PLC), Supplemental Indenture (Norwegian Cruise Line Holdings Ltd.), Indenture (Royal Caribbean Cruises LTD)

No Waiver. Neither a failure nor a delay on the part of either the Trustee Trustees or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee Trustees and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 7 contracts

Samples: Supplemental Indenture (Open Text Corp), Indenture (Open Text Corp), Supplemental Indenture (Open Text Corp)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 Eleven shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 Eleven at law, in equity, by statute or otherwise.

Appears in 7 contracts

Samples: Indenture (ACCO BRANDS Corp), Credit Agreement (Bellingham II Associates, L.L.C.), JBS Usa (JBS USA Holdings, Inc.)

No Waiver. Neither a failure nor a delay on the part ---------- of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 6 contracts

Samples: Indenture (Telecorp PCS Inc), Indenture (DR Sales Inc), Indenture (Commercial Aggregates Transportation & Sales LLC)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 8 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 8 at law, in equity, by statute or otherwise.

Appears in 5 contracts

Samples: Tyson Foods (Tyson Foods Inc), Supplemental Indenture (Tyson Foods Inc), Supplemental Indenture (Tyson Foods Inc)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 Eleven shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and are not exclusive of any other rights, remedies or benefits which either may have under this Article 10 Eleven at law, in equity, by statute or otherwise.

Appears in 5 contracts

Samples: Supplemental Indenture (Compton Petroleum Holdings CORP), Indenture (Compton Petroleum Holdings CORP), Indenture (Compton Petroleum Holdings CORP)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the affected Guarantors and the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 5 contracts

Samples: Supplemental Indenture (ARKO Corp.), Indenture (Murphy USA Inc.), Indenture (Murphy USA Inc.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee Trustee, the Security Agent or the Holders in exercising any right, power or privilege under this Article 10 ‎‎Article Ten shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee Trustee, the Security Agent and the Holders herein expressly specified are cumulative and are not exclusive of any other rights, remedies or benefits which either may have under this Article 10 ‎‎Article Ten at law, in equity, by statute or otherwise.

Appears in 5 contracts

Samples: Indenture (Norwegian Cruise Line Holdings Ltd.), Indenture (Norwegian Cruise Line Holdings Ltd.), Indenture (Norwegian Cruise Line Holdings Ltd.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee, the Collateral Trustee or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee, the Collateral Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 4 contracts

Samples: Intercreditor Agreement (Denbury Resources Inc), Intercreditor Agreement (Denbury Resources Inc), Indenture (Denbury Resources Inc)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders of Notes in exercising any right, power or privilege under this Article 10 Ten shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders of Notes herein expressly specified are cumulative and are not exclusive of any other rights, remedies or benefits which either may have under this Article 10 Ten at law, in equity, by statute or otherwise.

Appears in 3 contracts

Samples: Note Accession Agreement (Hungarian Telephone & Cable Corp), Invitel Holdings a/S, Invitel Holdings a/S

No Waiver. Neither a failure nor a delay on the part of either of, the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Collateral Agents, the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 3 contracts

Samples: Assignment Agreement (NXP Semiconductors N.V.), NXP Semiconductors N.V., NXP Manufacturing (Thailand) Co., Ltd.

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 Ten shall operate as a waiver thereof, nor or shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 Ten at law, in equity, by statute or otherwise.

Appears in 3 contracts

Samples: Third Supplemental Indenture (Hanover Compressor Co /), Indenture (Hanover Compressor Co /), Senior Indenture (Hanover Compression Lp)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which that either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 2 contracts

Samples: Indenture (Argo Tech Corp), Argo Tech Corp

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders holders in exercising any right, power or privilege under this Article 10 9 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 9 at law, in equity, by statute or otherwise.

Appears in 2 contracts

Samples: Indenture (Eclipse Resources Corp), Indenture (Eclipse Resources Corp)

No Waiver. Neither a failure nor a delay on the part of either the Trustee Trustee, Notes Collateral Agent or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee Trustee, Notes Collateral Agent and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 2 contracts

Samples: Indenture (Global Brass & Copper Holdings, Inc.), Supplemental Indenture (Metals USA Plates & Shapes Southcentral, Inc.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and are not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 2 contracts

Samples: Subordination Agreement (Polska Telefonia Cyfrowa Sp Zoo), PTC International Finance Holding B V

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 or any other provision of this Indenture, at law, in equity, by statute or otherwise.

Appears in 2 contracts

Samples: Supplemental Indenture (Capmark Affordable Properties LLC), Indenture (Capmark Financial Group Inc.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege hereunder or under this Article 10 11 of the Indenture shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have hereunder or under this Article 10 11 of the Indenture at law, in equity, by statute or otherwise.

Appears in 2 contracts

Samples: Supplemental Indenture (Cooper-Standard Holdings Inc.), Supplemental Indenture (Cooper-Standard Holdings Inc.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.. 149

Appears in 2 contracts

Samples: Altice USA, Inc., Altice USA, Inc.

No Waiver. Neither a failure nor a delay on the part of either the Trustee, the Collateral Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee, the Collateral Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 2 contracts

Samples: Indenture (Petroquest Energy Inc), Indenture (Petroquest Energy Inc)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 2 contracts

Samples: Indenture (Intelsat S.A.), Indenture (Intelsat S.A.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein 100 expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 2 contracts

Samples: United Surgical Partners International Inc, Medical Documenting Systems Inc

No Waiver. Neither a failure nor a delay on the part of --------- either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 2 contracts

Samples: Supplemental Indenture (Terra Industries Inc), Ace LTD

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 10, at law, in equity, by statute or otherwise.

Appears in 2 contracts

Samples: Loral Orion Inc, Loral Orion Inc

No Waiver. Neither a failure nor a delay on the part of either any of the Trustee Trustee, Collateral Agent or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee Trustee, Collateral Agent and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 2 contracts

Samples: Indenture (Delta Tucker Holdings, Inc.), Indenture (Worldwide Recruiting & Staffing Services LLC)

No Waiver. Neither a failure nor a delay on the part of either the Indenture Trustee or the Holders in exercising any right, power or privilege under this Article 10 9 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Indenture Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either any of them may have under this Article 10 9 at law, in equity, by statute or otherwise.

Appears in 2 contracts

Samples: Indenture (Imperial Holdings, Inc.), Indenture (Imperial Holdings, Inc.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 Eleven shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 Eleven at law, in equity, by statute or otherwise.. 102

Appears in 1 contract

Samples: Indenture (ACCO BRANDS Corp)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and are not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in at equity, by statute or otherwise.

Appears in 1 contract

Samples: Liberty Global PLC

No Waiver. Neither a failure nor a delay on the part --------- of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Delco Remy International Inc

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Harrahs Entertainment Inc)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 Section 11.01 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Rexnord Corp)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee Trustee, the Notes Collateral Agent and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Southeastern Grocers, Inc.)

No Waiver. Neither a failure nor a delay on the part of either any of the Trustee Trustee, the Notes Collateral Agent or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and are not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Mountain Province Diamonds Inc.

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise. SECTION 10.05.

Appears in 1 contract

Samples: Indenture (TransDigm Group INC)

No Waiver. Neither a failure nor a delay on the part of either the Trustee Trustee, the Collateral Agent or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee Trustee, the Collateral Agent and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either any of them may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Supplemental Indenture (Pernix Therapeutics Holdings, Inc.)

No Waiver. Neither a failure nor a delay on the part ---------- of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Nabco Inc /Mi/)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Magnum Hunter Resources Corp)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Wolverine Tube Inc

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either they may have under this Article 10 or this Indenture at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Molson Coors Brewing Co)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee 125 and the Holders holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: VHS of Anaheim Inc

No Waiver. Neither a failure nor a delay on the part of ---------- either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Delco Remy International Inc

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No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or 100 further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Diagnostic Pathology Management Services Inc

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Supplemental Indenture (Altice USA, Inc.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee Trustee, the Security Agent or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Senior Notes Indenture (Birkenstock Holding LTD)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.. 139

Appears in 1 contract

Samples: Altice USA, Inc.

No Waiver. Neither a failure nor a delay on the part --------- of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Iron Age Corp

No Waiver. Neither a failure nor a delay on the part ---------- of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Article 9 (Kansas City Southern Industries Inc)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are 84 cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Bz Intermediate Holdings LLC)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein 115 US-DOCS\124080491.2 expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Supplemental Indenture (Constellium Se)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 10A shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 10A at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Mediaone Group Inc

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.nor

Appears in 1 contract

Samples: Indenture (CNH Industrial Capital LLC)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 IX shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 IX at law, in equity, by statute or otherwise. Section 9.05.

Appears in 1 contract

Samples: Indenture (Rancho Holdings Gp LLC)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein 91 83 expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Fairchild Semiconductor International Inc

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may 109 have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Ric Holding Inc

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.are

Appears in 1 contract

Samples: Us Concrete Inc

No Waiver. Neither a failure nor a --------- delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Supplemental Indenture (Premier Parks Inc)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise. Section 10.06.

Appears in 1 contract

Samples: Pilgrims Pride Corp

No Waiver. Neither a failure nor a delay on the part of --------- either the Trustee or the Holders Noteholders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders Noteholders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Wki Holding Co Inc)

No Waiver. Neither a failure nor a delay on the part of either the Trustee Trustee, the Holders or the Holders Collateral Agent in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Orbimage Inc)

No Waiver. Neither a failure nor a delay on the ---------- part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Kansas City Southern Industries Inc

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are 77 cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 10, at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Loral Space & Communications Inc.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 or this Indenture at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Coors Adolph Co

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.. 102

Appears in 1 contract

Samples: Indenture (Octel Developments PLC)

No Waiver. Neither a failure nor a delay on the part of either the Trustee Trustee, Collateral Agent or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee Trustee, the Collateral Agent and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Swiss Available (Noble Finance Co)

No Waiver. Neither a A failure nor a or delay on the part of either the Trustee or the Holders of any Security of a series in exercising any right, power or privilege under this Article 10 shall not operate as a waiver thereof, nor shall a . A single or partial exercise thereof shall not preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders of such series herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Graftech International LTD

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or 108 further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: VHS of Anaheim Inc

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders holders in exercising any right, power or privilege under this Article ‎Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article ‎Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Supplemental Indenture (TopBuild Corp)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 Ten at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Bucyrus International Inc

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders Securityholders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders Securityholders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: kase.kz

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the affected Guarantors and the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise. SECTION 10.05.

Appears in 1 contract

Samples: Murphy USA Inc.

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 12 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and Note Collateral Agent and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 12 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Third Supplemental Indenture (Qwest Corp)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders 97 106 herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (GSV Inc /Fl/)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee Trustee, the Notes Administrator and the Holders herein expressly specified are cumulative and are not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Foresight Energy LP)

No Waiver. Neither a failure nor a delay on the part of either the Trustee, the Notes Collateral Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee, the Notes Collateral Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Signature Group Holdings, Inc.)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this 104 95 Article 10 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 11 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Denbury Management Inc)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, 77 remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (American Seafoods Corp)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor 100 shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Alliant Techsystems Inc

No Waiver. Neither a failure nor a delay on the part of either any of the Trustee Trustee, any Agent or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee Trustee, the Agents and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Chrysler Group LLC)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 12 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, NY1:1657728.6 S- remedies or benefits which either may have under this Article 10 12 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Indenture (Berry Plastics Holding Corp)

No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 10 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly ex-pressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Supplemental Indenture (Albertsons Companies, Inc.)

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