No Waiver; Remedies. No failure on the part of the Trustee to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 117 contracts
Samples: Guaranty (Petrobras - Petroleo Brasileiro Sa), Second Supplemental Indenture (Petrobras - Petroleo Brasileiro Sa), Indenture (Petrobras Global Finance B.V.)
No Waiver; Remedies. No failure on the part of the Trustee or any Holder of the Debt Securities to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 44 contracts
Samples: Guarantee (Altria Group, Inc.), Guarantee (Altria Group, Inc.), Guarantee (Altria Group, Inc.)
No Waiver; Remedies. No failure on the part of any Holder or the Trustee to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 11 contracts
Samples: Indenture (Baytex Energy LTD), Guarantee (Northrop Grumman Corp /De/), Northrop Grumman Corp /De/
No Waiver; Remedies. No failure on the part of the Trustee or any Holder (but subject always to the provisions of Section 15 hereof) to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 8 contracts
Samples: Subordinated Guarantee (Manulife Financial Corp), Subordinated Guarantee (Manulife Financial Corp), Subordinated Guarantee (Manulife Financial Corp)
No Waiver; Remedies. No failure on the part of the Trustee Landlord to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by lawavailable at law or equity.
Appears in 7 contracts
Samples: Property Lease Agreement (Brookdale Senior Living Inc.), Property Lease Agreement (Brookdale Senior Living Inc.), Property Lease Agreement (Brookdale Senior Living Inc.)
No Waiver; Remedies. No failure on the part of any Holder ------------------- or the Trustee to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 6 contracts
Samples: Supplemental Indenture (Northrop Grumman Corp /De/), Supplemental Indenture (Northrop Grumman Corp /De/), Litton Industries Inc
No Waiver; Remedies. No failure on the part of the Trustee or any Holder of any series of Securities to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 5 contracts
Samples: Danaher Corp /De/, Danaher Corp /De/, Guarantee (Danaher Corp /De/)
No Waiver; Remedies. No failure on the part of the Trustee or any Holder of any series of Notes to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 4 contracts
Samples: Agreement (General Electric Co), Guarantee Agreement (Walgreens Boots Alliance, Inc.), Guarantee Agreement (Walgreen Co)
No Waiver; Remedies. No failure on the part of any Debtholder or the Indenture Trustee to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 3 contracts
Samples: Trust Indenture (Baytex Energy Corp.), Trust Indenture (Baytex Energy Corp.), Trust Indenture (Baytex Energy Trust)
No Waiver; Remedies. No failure on the part of the Facility Administrator or the Indenture Trustee to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The To the extent permitted by law, the remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Bluegreen Corp), Sale and Servicing Agreement (Bluegreen Corp), Sale and Servicing Agreement (Bluegreen Corp)
No Waiver; Remedies. No failure on the part of the Trustee or any Holder to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 3 contracts
Samples: Parent Guarantee Agreement (3m Co), Third Supplemental Indenture (Allstate Corp), National General Holdings Corp.
No Waiver; Remedies. No failure on the part of the Trustee or any Holder of the Securities to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 3 contracts
Samples: Eighth Supplemental Indenture (Hewlett Packard Enterprise Co), Supplemental Indenture (Sysco Corp), Guarantee (Sysco Corp)
No Waiver; Remedies. No failure on the part of the Trustee Trustee, the Facility Agent or the Secured Creditors to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Loan Purchase Agreement (Nelnet Inc), Loan Purchase Agreement (Nelnet Inc)
No Waiver; Remedies. No failure on the part of the Trustee Creditor to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Durango Corp, Durango Corp
No Waiver; Remedies. No failure on the part of any Holder or the Trustee to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Indenture (Aei Resources Inc), Corporacion Durango S.A .De C.V.
No Waiver; Remedies. No failure on the part of the Trustee Trustee, the Agents or the Note Purchasers to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Custodian Agreement (Nelnet Inc), Warehouse Note Purchase and Security Agreement (Nelnet Inc)
No Waiver; Remedies. No failure on the part of the Trustee or the Administrative Agent to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; thereof nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Guaranty Agreement, Guaranty Agreement (NewStar Financial, Inc.)
No Waiver; Remedies. No failure on the part of the Trustee or any Holder of the Debt Securities to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any " "" other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Guarantee Agreement (Reynolds American Inc), Indenture (Reynolds American Inc)
No Waiver; Remedies. No failure on the part of the Indenture Trustee to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Guarantee (Alesco Financial Inc), Sale and Servicing Agreement (Alesco Financial Inc)
No Waiver; Remedies. No In addition to, and not in limitation of Section 2.5, no failure on the part of the Trustee to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Pledge and Security Agreement (Ferro Corp), Pledge and Security Agreement (Ferro Corp)
No Waiver; Remedies. No failure on the part of any Holder or the Debentures Trustee to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Indenture (Citadel License Inc)
No Waiver; Remedies. No failure on the part of the Trustee to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law. SECTION 11.
Appears in 1 contract
Samples: Teekay Shipping Corp
No Waiver; Remedies. No failure on the part of the Trustee to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law. SECTION 13.
Appears in 1 contract
Samples: Version Guaranty guaranty
No Waiver; Remedies. No failure on the part of any Holder ------------------- or the Trustee to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.other
Appears in 1 contract
Samples: Supplemental Indenture (Northrop Grumman Corp /De/)
No Waiver; Remedies. No failure on the part of the Trustee any Creditor to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Assignment and Assumption Agreement (Seacor Holdings Inc /New/)
No Waiver; Remedies. No failure on the part of the Trustee Charterer to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Pogo Producing Co
No Waiver; Remedies. No failure on the part of the Trustee or any holder of the Debt Securities to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Guarantee (Altria Group, Inc.)
No Waiver; Remedies. No failure on the part of the Trustee ------------------- to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Standby Purchase Agreement (Petrobras International Finance Co)
No Waiver; Remedies. No failure on the part of the Trust or the Trustee to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Guarantee (Manulife Financial Corp)
No Waiver; Remedies. No failure on the part of the Trustee Owner to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other rightright operate as a waiver thereof. The remedies herein provided are cumulative and are not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any Holder or the Trustee to exercise, and no delay in exercising, any right hereunder or under the Indenture or the Notes shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder or under the Indenture or the Notes preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the Trustee or the Lenders to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Custodian Agreement (Nelnet Inc)
No Waiver; Remedies. No failure on the part of the Trustee Holder to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided in this Agreement are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Payment Obligation Agreement (Leap Wireless International Inc)
No Waiver; Remedies. No failure on the part of the Owner Trustee to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
