Common use of No Remedy Exclusive Clause in Contracts

No Remedy Exclusive. Subject to Section 9.02 of the Indenture, no remedy herein conferred upon or reserved to the Issuer or the Trustee is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer or the Trustee to exercise any remedy reserved to it in this Article, it shall not be necessary to give any notice, other than such notice as may be required in this Article. Such rights and remedies as are given the Issuer hereunder shall also extend to the Trustee, and the Trustee and the Owners of the Bonds, subject to the provisions of the Indenture, shall be entitled to the benefit of all covenants and agreements herein contained.

Appears in 21 contracts

Samples: Lease Agreement (NuStar Energy L.P.), Lease Agreement (NuStar Energy L.P.), Loan Agreement (Macquarie Infrastructure Corp)

AutoNDA by SimpleDocs

No Remedy Exclusive. Subject to Section 9.02 of the Indenture, no No remedy herein conferred upon or reserved to the Issuer or the Trustee is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equityequity or by statute. No delay or omission to exercise any right or power accruing upon any Default default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer or the Trustee to exercise any remedy reserved to it in this Article, it shall not be necessary to give any notice, other than such notice as may be required in this Articleherein expressly required. Such Subject to the provisions of the Indenture and hereof, such rights and remedies as are given the Issuer hereunder shall also extend to the Trustee, and the Trustee and the . The Owners of the Bonds, subject to the provisions of the Indenture, shall be entitled to the benefit of all covenants and agreements herein contained.

Appears in 17 contracts

Samples: Financing Agreement (Sierra Pacific Resources /Nv/), Financing Agreement (Nevada Power Co), Financing Agreement (Sierra Pacific Resources /Nv/)

No Remedy Exclusive. Subject to Section 9.02 of the Indenture, no remedy herein conferred upon or reserved to the Issuer Authority or the Trustee is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer Authority or the Trustee to exercise any remedy reserved to it in this Article, it shall not be necessary to give any notice, other than such notice as may be required in this ArticleArticle or by applicable law. Such rights and remedies as are given the Issuer Authority hereunder shall also extend to the Trustee, and the Trustee and the Owners of the Bonds, subject to the provisions of the Indenture, shall be entitled to the benefit of all covenants and agreements herein contained.

Appears in 4 contracts

Samples: Loan Agreement (Agl Resources Inc), Loan Agreement (Agl Resources Inc), Loan Agreement (Agl Resources Inc)

No Remedy Exclusive. Subject to Section 9.02 of the Indenture, no No remedy herein conferred upon or reserved to the Issuer or the Trustee is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement and the Indenture or now or hereafter existing at law or in equityequity or by statute. No delay or omission to exercise any right or power accruing upon any Event of Default hereunder shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer or the Trustee to exercise any remedy reserved to it in this ArticleArticle VI, it shall not be necessary to give any notice, other than such notice as may be required in this Articleherein expressly required. Such rights and remedies as are given the Issuer hereunder shall also extend to the Trustee, and the Trustee and the Owners owners from time to time of the Bonds, subject to the provisions of the Indenture, Bonds shall be entitled to the benefit deemed third party beneficiaries of all covenants and agreements herein contained.

Appears in 2 contracts

Samples: Loan Agreement (CFC International Inc), Loan Agreement (Exolon Esk Co)

No Remedy Exclusive. Subject to Section 9.02 of the Indenture, no No remedy herein conferred upon or reserved to the Issuer or the Trustee is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Funding Agreement or now or hereafter existing at law or in equityequity or by statute. No delay or omission to exercise any right or power accruing upon the occurrence of any Default event of default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer or the Trustee to exercise any remedy reserved to it in this Article, it shall not be necessary to give any notice, other than such notice or notices as may be required in this Articleherein expressly required. Such rights and remedies as are given to the Issuer hereunder shall also extend to the Trustee, and the Trustee and the Owners holders of the Bonds, subject to the provisions of the Indenture, Bonds shall be entitled to the benefit deemed third party beneficiaries of all covenants and agreements herein contained.

Appears in 2 contracts

Samples: Tax Funding Agreement, Tax Funding Agreement

No Remedy Exclusive. Subject to Section 9.02 of the Indenture, no No remedy herein conferred upon or reserved to the Issuer Board or the Trustee is intended untended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement hereunder or now or hereafter existing at law or in equityequity or by statute. No delay or omission to exercise any right or power accruing upon the occurrence of any Event of Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer Board or the Trustee to exercise any remedy reserved to it in this Article, it shall not be necessary to give any notice, other than such notice or notices as may be required in this Articleherein expressly required. Such rights and remedies as are given reserved to the Issuer hereunder Board in this Article shall also extend to the Trustee, and the Trustee and the Owners holders of the Bonds, subject to the provisions of the Indenture, Bonds shall be entitled to the benefit deemed third-party beneficiaries of all covenants and agreements herein contained.

Appears in 2 contracts

Samples: Lease Agreement (Mead Corp), Lease Agreement (Meadwestvaco Corp)

No Remedy Exclusive. Subject to Section 9.02 of the Indenture, no No remedy herein conferred upon or reserved to the Issuer Board or the Trustee is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement hereunder or now or hereafter existing at law or in equityequity or by statute. No delay or omission to exercise any right or power accruing upon the occurrence of any Event of Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer Board or the Trustee to exercise any remedy reserved to it in this Article, it shall not be necessary to give any notice, other than such notice or notices as may be required in this Articleherein expressly required. Such rights and remedies as are given reserved to the Issuer hereunder Board in this Article shall also extend to the Trustee, and the Trustee and the Owners holders of the Bonds, subject to the provisions of the Indenture, Bonds shall be entitled to the benefit deemed third-party beneficiaries of all covenants and agreements herein contained.

Appears in 2 contracts

Samples: Lease Agreement (Meadwestvaco Corp), Lease Agreement (Mead Corp)

No Remedy Exclusive. Subject to Section 9.02 of the Indenture, no No remedy herein conferred upon or reserved to the Issuer or Bond Trustee, as assignee of the Trustee Issuer, is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Loan Agreement or now or hereafter existing at law or in equityequity or by statute. No delay or omission to exercise any right or power accruing upon any Default default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer or the Bond Trustee to exercise any remedy reserved to it in this ArticleArticle IX, it shall not be necessary to give any notice, other than such notice as may be required in this ArticleSection 9.1 hereof. Such rights and remedies given hereunder to the Bond Trustee, as are given assignee of the Issuer hereunder Issuer, shall also extend to the Trustee, and the Trustee and the Owners holders of the Bonds, subject to the provisions of terms and conditions set forth in the Bond Indenture, shall be entitled to the benefit of all covenants and agreements herein contained.

Appears in 1 contract

Samples: Loan Agreement

No Remedy Exclusive. Subject to Section 9.02 9.18 of the Indenture, no remedy herein conferred upon or reserved to the Issuer Authority or the Trustee is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any Event of Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer Authority or the Trustee to exercise any remedy reserved to it in this Article, it shall not be necessary to give any notice, other than such notice as may be required in this Article. Such rights and remedies as are given the Issuer Authority hereunder shall also extend to the Trustee, and the Trustee and the Owners of the Bonds, subject to the provisions of the Indenture, shall be entitled to the benefit of all covenants and agreements herein contained.

Appears in 1 contract

Samples: Installment Sale Agreement (NPR Inc)

No Remedy Exclusive. Subject to Section 9.02 of the Indenture, no remedy herein conferred upon or reserved to the Issuer or the Trustee is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer or the Trustee to exercise any remedy reserved to it in this Article, it shall not be necessary to give any notice, other than such notice as may be required in this Article. Such rights and remedies as are given the Issuer hereunder shall also extend to the Trustee, and the Trustee and the Owners owners of the Bonds, subject to the provisions of the Indenture, shall be entitled to the benefit of all covenants and agreements herein contained.

Appears in 1 contract

Samples: Lease Agreement (Sjit Inc)

No Remedy Exclusive. Subject to Section 9.02 of the Indenture, no No remedy herein conferred upon or reserved to the Issuer or the Trustee is intended to be exclusive of any other available remedy or remedies, remedies but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or and the Indenture of now or hereafter existing at law or in equityequity or by statute. No delay or omission to exercise any right or power and accruing upon any Event of Default hereunder shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or and power may be exercised from time to time and as often as may be deemed expedient. , In order to entitle the Issuer or the Trustee to exercise any remedy reserved to it in this ArticleArticle VI, it shall not be necessary to give any notice, notice other than such notice as may be required in this Articleherein expressly required. Such rights and remedies as are given the Issuer hereunder shall also extend to the Trustee, and the Trustee and the Owners owners from time to time of the Bonds, subject to the provisions of the Indenture, Bonds shall be entitled to the benefit deemed third party beneficiaries of all covenants and agreements herein contained.

Appears in 1 contract

Samples: Loan Agreement (Lmi Aerospace Inc)

No Remedy Exclusive. Subject to Section 9.02 of the Indenture, no remedy herein conferred upon or reserved to the Issuer or the Trustee is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer or the Trustee to exercise any remedy reserved to it in this Article, it shall not be necessary to give any notice, other than such notice as may be required in this Article. Such rights and remedies as are given to the Issuer hereunder shall also extend to the Trustee, and the Trustee and the Owners of the Bonds, subject to the provisions of the Indenture, shall be entitled to the benefit of all covenants and agreements herein contained.

Appears in 1 contract

Samples: Loan Agreement (Sjit Inc)

No Remedy Exclusive. Subject to Section 9.02 of the Indenture, no No remedy herein conferred upon or reserved to the Issuer or the Trustee is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease Agreement or any of the other Financing Documents now or hereafter existing at law or in equityequity by statute. No delay or omission to exercise any right or power accruing upon any failure or Event of Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer or the Trustee to exercise any remedy reserved to it in this Article, it shall not be necessary to give any notice, other than such notice as may be required in this Articleherein expressly required. Such rights and remedies as are given the Issuer hereunder shall also extend to to, and may be exercised by, the Trustee, and the Trustee and the Owners of the Bonds, subject to the provisions of the Indenture, shall be entitled to the benefit of all covenants and agreements herein contained.

Appears in 1 contract

Samples: Lease Agreement (Ansell Healthcare Inc)

No Remedy Exclusive. Subject to Section 9.02 of the Indenture, no No remedy herein conferred upon or reserved to the Issuer or the Trustee is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Loan Agreement or and the Indenture now or hereafter existing at law or in equityequity or by statute. No delay or omission to exercise any right or power accruing upon any Event of Default hereunder shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer or the Trustee to exercise any remedy reserved to it in this ArticleArticle VI, it shall not be necessary to give any notice, other than such notice as may be required in this Articleherein expressly required. Such rights and remedies as are given the Issuer hereunder shall also extend to the Trustee, and the Trustee and the Owners from time to time of the Bonds, subject to the provisions of the Indenture, Bonds shall be entitled to the benefit deemed third party beneficiaries of all covenants and agreements herein contained.

Appears in 1 contract

Samples: Loan Agreement (Maxco Inc)

No Remedy Exclusive. Subject to Section 9.02 of the Indenture, no No remedy herein conferred upon or reserved to the Issuer Authority, the Credit Provider, if any, or the Trustee is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equityequity or by statute. No delay or omission to exercise any right or power accruing upon any Default default hereunder shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer Authority or the Trustee to exercise any remedy reserved to it in this Article, it shall not be necessary to give any notice, other than such notice as may be expressly required in this Articleherein or by applicable law. Such rights and remedies as are given the Issuer Authority hereunder shall also extend to the TrusteeTrustee as the assignee of the Authority. Notwithstanding any other provision hereunder, and the Trustee and may proceed first against the Owners Subsidiary Guarantors or the Company in accordance with the terms of the BondsGuaranty and/or this Agreement, subject to respectively, as the provisions of the Indenture, shall be entitled to the benefit of all covenants and agreements herein containedTrustee may deem appropriate.

Appears in 1 contract

Samples: Loan Agreement (CONSOL Energy Inc.)

No Remedy Exclusive. Subject to Section 9.02 of the Indenture, no remedy herein conferred upon or reserved to the Issuer Authority or the Trustee is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer Authority or the Trustee to exercise any remedy reserved to it in this Article, it shall not be necessary to give any notice, other than such notice as may be required in this Article. Such rights and remedies as are given the Issuer Authority hereunder shall also extend to the Trustee, and the Trustee and the Owners of the Bonds, subject to the provisions of the Indenture, shall be entitled to the benefit of all covenants and agreements herein contained.

Appears in 1 contract

Samples: Jersey Economic Development Authority (Sjit Inc)

AutoNDA by SimpleDocs

No Remedy Exclusive. Subject to Section 9.02 of the Indenture, no No remedy herein conferred upon or reserved to the Issuer or the Trustee is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or and the Indenture now or hereafter existing at law or in equityequity or by statute. No delay or omission to exercise any right fight or power and accruing upon any Event of Default hereunder shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or fight and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer or the Trustee to exercise any remedy reserved to it in this ArticleArticle IX, it shall not be necessary to give any notice, notice other than such notice as may be required in this Articleherein expressly required. Such rights and remedies as are given the Issuer hereunder shall also extend to the Trustee, and the Trustee and the Owners owners from time to time of the Bonds, subject to the provisions of the Indenture, Bonds shall be entitled to the benefit deemed third party beneficiaries of all covenants and agreements herein containedcontained herein.

Appears in 1 contract

Samples: Loan Agreement (Steadfast Income REIT, Inc.)

No Remedy Exclusive. Subject to Section 9.02 of the Indenture, no No remedy herein conferred upon or reserved to the Issuer Authority or the Trustee is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Loan Agreement or now or hereafter existing at law or in equityequity or by statute. No delay or omission to exercise any right or power accruing upon any Default default hereunder shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer Authority or the Trustee to exercise any 2716988.7 remedy reserved to it in this Article, it shall not be necessary to give any notice, other than such notice as may be expressly required in this Articleherein or by applicable law. Such rights and remedies as are given the Issuer Authority hereunder shall also extend to the Trustee, and Trustee as the Trustee and the Owners assignee of the Bonds, subject to the provisions of the Indenture, shall be entitled to the benefit of all covenants and agreements herein containedAuthority.

Appears in 1 contract

Samples: Loan Agreement (New Jersey Resources Corp)

No Remedy Exclusive. Subject to Section 9.02 of the Indenture, no No remedy herein conferred upon -------------------- or reserved to the Issuer Board or the Trustee is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement hereunder or now or hereafter existing at law or in equityequity or by statute. No delay or omission to exercise any right or power accruing upon the occurrence of any Event of Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer Board or the Trustee to exercise any remedy reserved to it in this Article, it shall not be necessary to give any notice, other than such notice or notices as may be required in this Articleherein expressly required. Such rights and remedies as are given reserved to the Issuer hereunder Board in this Article shall also extend to the Trustee, and the Trustee and the Owners holders of the Bonds, subject to the provisions of the Indenture, Bonds shall be entitled to the benefit deemed third-party beneficiaries of all covenants and agreements herein contained.

Appears in 1 contract

Samples: Lease Agreement (Mead Corp)

No Remedy Exclusive. Subject to Section 9.02 of the Indenture, no remedy herein conferred upon or reserved to the Issuer or the Trustee is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer or the Trustee to exercise any remedy reserved to it in this Article, it shall not be necessary to give any notice, other than such notice as may be required in this ArticleArticle or by applicable law. Such rights and remedies as are given the Issuer hereunder shall also extend to the Trustee, and the Trustee and the Owners of the Bonds, subject to the provisions of the Indenture, shall be entitled to the benefit of all covenants and agreements herein contained.

Appears in 1 contract

Samples: Loan Agreement (Agl Resources Inc)

No Remedy Exclusive. Subject to Section 9.02 of the Indenture, no No remedy herein conferred upon or reserved to the Issuer or the Trustee is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement Lease or now or hereafter existing at law or in equityequity or by statute. No delay or omission to exercise any right or power accruing upon the occurrence of any Event of Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer or the Trustee to exercise any remedy reserved to it in this Article, it shall not be necessary to give any notice, other than such notice or notices as may be required in this Articleherein expressly required. Such rights and remedies as are given to the Issuer hereunder shall also extend to the Trustee, and the Trustee and the Owners holders of the Bonds, subject to the provisions of the Indenture, Series 2000A Bonds shall be entitled to the benefit deemed third–party beneficiaries of all covenants and agreements herein contained.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

No Remedy Exclusive. Subject to Section 9.02 of the Indenture, no No remedy herein conferred upon or reserved to the Issuer or the Trustee is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement Lease or now or hereafter existing at law or in equityequity or by statute. No delay or omission to exercise any right or power accruing upon the occurrence of any Event of Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer or the Trustee to exercise any remedy reserved to it in this Article, it shall not be necessary to give any notice, other than such notice or notices as may be required in this Articleherein expressly required. Such rights and remedies as are given to the Issuer hereunder shall also extend to the Trustee, and the Trustee and the Owners holders of the Bonds, subject to the provisions of the Indenture, Bonds shall be entitled to the benefit deemed third-party beneficiaries of all covenants and agreements herein contained.

Appears in 1 contract

Samples: Lease Agreement

No Remedy Exclusive. Subject to Section 9.02 of the Indenture10.6 hereof, no remedy herein conferred upon or reserved to the Issuer or the Trustee Lessor is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement Lease Agreement, or now or hereafter existing at law or in equityequity or statute. No delay or omission to exercise any right or power accruing upon any Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer or the Trustee Lessor to exercise any remedy reserved to it in this ArticleArticle X, it shall not be necessary to give any notice, other than such notice as may be required in this Articleherein expressly required. Such rights and remedies as are given of the Issuer Lessor hereunder shall also extend to the Trustee, and the Trustee and the Owners holders of the Bonds, subject to the provisions of the Indenture, shall be entitled to the benefit of all covenants and agreements herein containedhereof.

Appears in 1 contract

Samples: Lease Agreement (Central Sprinkler Corp)

No Remedy Exclusive. Subject to Section 9.02 of the Indenture, no No remedy herein conferred upon or reserved to the Issuer Issuer, the Credit Provider, or the Trustee is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equityequity or by statute. No delay or omission to exercise any right or power accruing upon any Default default hereunder shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer or the Trustee to exercise any remedy reserved to it in this Article, it shall not be necessary to give any notice, other than such notice as may be expressly required in this Articleherein or by applicable law. Such rights and remedies as are given the Issuer hereunder shall also extend to the Trustee, and Trustee as the Trustee and the Owners assignee of the Bonds, subject to the provisions of the Indenture, shall be entitled to the benefit of all covenants and agreements herein containedIssuer.

Appears in 1 contract

Samples: Loan Agreement (Clean Energy Fuels Corp.)

No Remedy Exclusive. Subject to Section 9.02 802 of the Indenture, no remedy herein conferred upon or reserved to the Issuer or the Trustee is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer or the Trustee to exercise any remedy reserved to it in this Article, it shall not be necessary to give any notice, other than such notice as may be required in this Article. Such rights and remedies as are given the Issuer hereunder shall also extend to the Trustee, and the Trustee and the Owners of the BondsNotes, subject to the provisions of the Indenture, shall be entitled to the benefit of all covenants and agreements herein contained.

Appears in 1 contract

Samples: Loan Agreement (Plainwell Inc)

No Remedy Exclusive. Subject to Section 9.02 of the Indenture, no No remedy herein conferred upon or reserved to the Issuer or the Trustee is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equityequity or by statute. No delay or omission to exercise any right or power accruing upon any Default default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer or the Trustee to exercise any remedy reserved to it in this ArticleArticle VII, it shall not be necessary to give any notice, other than such notice as may be herein expressly required in this Articleor required by law to be given. Such rights and remedies as are given the Issuer hereunder shall also extend to the Trustee, and the Trustee and the Owners holders of the Bonds, subject to the provisions of the Indenture, Bonds shall be entitled to the benefit deemed third party beneficiaries of all covenants and agreements herein contained.

Appears in 1 contract

Samples: Loan Agreement (Rykoff Sexton Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.