Common use of Other Remedies Clause in Contracts

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 43 contracts

Samples: Surgery Center (Surgery Partners, Inc.), Indenture (Knife River Holding Co), Third Lien Intercreditor Agreement (Frontier Communications Parent, Inc.)

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Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 41 contracts

Samples: Cargo Aircraft (Air Transport Services Group, Inc.), Pledge Agreement (Coinmach Service Corp), Indenture (Del Monte Foods Co)

Other Remedies. If an Event of Default with respect to any series of outstanding Securities occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes such series of Securities or to enforce the performance of any provision of the Notes such series of Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an the Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 34 contracts

Samples: Subordinated Indenture (Precipio, Inc.), Subordinated Indenture (Fuelcell Energy Inc), Senior Indenture (Fuelcell Energy Inc)

Other Remedies. If Notwithstanding any other provision of this Indenture, if an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, on amounts due with respect to the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 32 contracts

Samples: Accuray Incorporated (Accuray Inc), Note Purchase Agreement (Broadcom Cayman L.P.), Accuray (Accuray Inc)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may may, but shall not be obligated to, pursue any available remedy by proceeding at law or in equity to collect the payment of the principal of, of or premium, if any, or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 28 contracts

Samples: Indenture (St Mary Land & Exploration Co), Indenture (Cephalon Inc), Indenture (Symantec Corp)

Other Remedies. If an Event of Default on a Series occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes Series or to enforce the performance of any provision of in the Notes Securities or this IndentureIndenture applicable to the Series. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 27 contracts

Samples: Affirm Holdings, Inc., Indenture (Standard Pacific Corp /De/), Indenture (Standard Pacific Corp /De/)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 27 contracts

Samples: Indenture (Community Health Systems Inc), Indenture (Community Health Systems Inc), Collateral Agreement (Community Health Systems Inc)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes or Notes, this IndentureIndenture (including sums owed to the Trustee and its agents and counsel) and the Guarantees. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 26 contracts

Samples: Indenture (Zekelman Industries, Inc.), Ii-Vi Inc, CommScope Holding Company, Inc.

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, accrued and unpaid interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Noteholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 19 contracts

Samples: Indenture (Huntsman CORP), Indenture (Huntsman CORP), Indenture (Huntsman Petrochemical Finance Co)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 18 contracts

Samples: Indenture (Builders FirstSource, Inc.), Indenture (Builders FirstSource, Inc.), Roller Bearing (RBC Bearings INC)

Other Remedies. If Subject to the duties of the Trustee as provided for in Article VII, if an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofprincipal, or premium, if any, or interest, if any, and interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of a Note in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 17 contracts

Samples: Indenture (FTAI Aviation Ltd.), Supplemental Indenture (FTAI Aviation Ltd.), Indenture (Black Knight, Inc.)

Other Remedies. If Subject to the duties of the Trustee as provided for in Article 7, if an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofprincipal, or premium, if any, or interest, if any, and interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of a Note in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 16 contracts

Samples: Second Lien Intercreditor Agreement (Entercom Communications Corp), Credit Agreement (Beasley Broadcast Group Inc), Indenture (OUTFRONT Media Inc.)

Other Remedies. If Subject to Article 12 and to the duties of the Trustee as provided for in Article 7, if an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 16 contracts

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

Other Remedies. If an Event of Default with respect to Notes of any Series at the time outstanding occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofprincipal, or premium, if any, or interest, if any, and interest on the such Notes or to enforce the performance of any provision of the such Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of a Note in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 15 contracts

Samples: Indenture (Nerdwallet, Inc.), Indenture (Nerdwallet, Inc.), Indenture (Cineverse Corp.)

Other Remedies. If an Event of Default occurs and is --------------- continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes Debentures or to enforce the performance of any provision of the Notes Debentures or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Debentures or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Debentureholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 14 contracts

Samples: Indenture (Intervest Corporation of New York), Indenture (Intervest Mortgage Corp), Indenture (Intervest Mortgage Corp)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue pursue, in its own name and as trustee of an express trust, any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 14 contracts

Samples: ESAB Corp, Indenture (Colfax CORP), Supplemental Indenture (Esterline Technologies Corp)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interestinterest on, if any, on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A To the fullest extent permitted by applicable law, a delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No , no remedy is exclusive of any other remedy. All remedy and all available remedies are cumulative.

Appears in 14 contracts

Samples: Indenture (Starwood Property Trust, Inc.), Indenture (Rithm Capital Corp.), Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

Other Remedies. If an Event of Default with respect to the Securities occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities, this Indenture or this Indenturethe Security Documents. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All To the extent required by law, all available remedies are cumulative.

Appears in 14 contracts

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

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, including Additional Interest, if any, on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 13 contracts

Samples: Indenture (Infor, Inc.), Indenture (Community Health Systems Inc), Indenture (Community Health Systems Inc)

Other Remedies. If an Event of a Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A To the fullest extent permitted by applicable law, a delay or omission by the Trustee or any Holder Noteholder in exercising any right or remedy accruing upon an Event of a Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No , no remedy is exclusive of any other remedy. All remedy and all available remedies are cumulativecumulative to the fullest extent permitted by applicable law.

Appears in 12 contracts

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

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of (or premium, if any, ) or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 10 contracts

Samples: Indenture (Gibraltar Industries, Inc.), Indenture (Deluxe Corp), Indenture (Libbey Inc)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, including Additional Amounts, if any, on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 10 contracts

Samples: Indenture (Restaurant Brands International Inc.), Indenture (Restaurant Brands International Limited Partnership), Indenture (Restaurant Brands International Limited Partnership)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 9 contracts

Samples: Indenture (Clean Harbors Inc), Indenture (Clean Harbors Inc), Indenture (Clean Harbors Inc)

Other Remedies. If an Event of Default with respect to any Notes occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of the principal amount of, or premium, if any, or interest, if any, and accrued and unpaid interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may institute and maintain a suit or legal proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default with respect to any Notes shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 8 contracts

Samples: Indenture (O Reilly Automotive Inc), Indenture (O'Reilly II Aviation Corp), Indenture (O Reilly Automotive Inc)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of (or premium, if any, ) or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 8 contracts

Samples: Indenture (Community Health Systems Inc), Credit Agreement (Cornell Companies Inc), Indenture (VI Acquisition Corp)

Other Remedies. If an Event of Default on a Series occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes Series or to enforce the performance of any provision of in the Notes Securities or this IndentureIndenture applicable to the Series. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 7 contracts

Samples: Toll Brothers Inc, Toll Brothers Inc, Indenture (Collins & Aikman Products Co)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities, this Indenture or this Indenturethe Guarantees. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 7 contracts

Samples: Leslies Poolmart Inc, Financing Agreement (Arcon Coating Mills Inc), Indenture (Autotote Corp)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of (or premium, if any, ) or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 7 contracts

Samples: Quiksilver (Quiksilver Inc), Quiksilver (Quiksilver Inc), Indenture (Conexant Systems Inc)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premiumpremium on, if any, or interestinterest or Additional Interest, if any, on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of a Note in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 7 contracts

Samples: Indenture (MGM Growth Properties Operating Partnership LP), Indenture (MGM Growth Properties Operating Partnership LP), Supplemental Indenture (CyrusOne Inc.)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue pursue, in its own name and as trustee of an express trust, any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 6 contracts

Samples: Registration Rights Agreement (Forman Petroleum Corp), Indenture (Dailey Petroleum Services Corp), Registration Rights Agreement (Dailey International Inc)

Other Remedies. If Notwithstanding any other provision of this Indenture, if an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of the principal of, or premium, if any, or interest, if any, and interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 6 contracts

Samples: Indenture (Gilead Sciences Inc), Indenture (Charming Shoppes Inc), Indenture (Scios Inc)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, and interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Noteholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 6 contracts

Samples: Indenture (MWC Acquisition Sub Inc), Covenants (Hayes Wheels International Inc), Indenture (Outdoor Systems Inc)

Other Remedies. If an Event of Default occurs and is continuing, subject to the terms of the Intercreditor Agreement, the Trustee may pursue any available remedy by proceeding at law (under this Indenture or in equity otherwise) to collect the payment of principal of, or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes Notes, this Indenture or this Indenturethe Security Documents. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 6 contracts

Samples: Usec Inc, Indenture (Majestic Star Casino LLC), Pledge and Security Agreement (Majestic Investor Capital Corp)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofthe principal, or the premium, if any, or interestand any accrued cash interest (including Liquidated Damages, if any, ) on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it the Trustee does not possess any of the Notes or does not produce any of them the Notes in the proceeding. A delay or omission by the Trustee or any Holder Noteholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of of, or acquiescence in in, the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 6 contracts

Samples: Indenture (McMoran Exploration Co /De/), Indenture (Freeport McMoran Copper & Gold Inc), McMoran Exploration Co /De/

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofprincipal, or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes Notes, this Indenture or this Indentureany Security Document, subject, in each case, to the Intercreditor Agreement. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 6 contracts

Samples: Indenture (Target Hospitality Corp.), Williams Scotsman (WillScot Mobile Mini Holdings Corp.), Supplemental Indenture (Target Hospitality Corp.)

Other Remedies. If an Event of Default on a Series occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, interest on the Notes Series or to enforce the performance of any provision provisions of the Notes Securities or this IndentureIndenture and applicable to the Series. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 5 contracts

Samples: Indenture (Toll Corp), Indenture (Toll Brothers Inc), Toll Brothers Inc

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities, this Indenture or this Indentureany Subsidiary Guarantee. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 5 contracts

Samples: Indenture (Tenneco Inc), Indenture (Tenneco Inc), Indenture (Tenneco Inc)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premiumpremium on, if any, interest or interestAdditional Amounts, if any, on on, the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of a Note in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 5 contracts

Samples: Indenture (Allwyn Entertainment AG), Allwyn Entertainment Financing (Allwyn Entertainment AG), Indenture (Twist Beauty S.a r.l. & Partners S.C.A.)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy remedies by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, and interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Noteholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 5 contracts

Samples: Indenture (Lamar Advertising Co/New), Indenture (McClatchy Co), Lamar Advertising Co/New

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or (and premium, if any, ) or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 5 contracts

Samples: Indenture (Interpool Inc), Indenture (Interpool Inc), Indenture (Interpool Inc)

Other Remedies. If an Event of Default occurs and is continuing, if directed pursuant to Section 7.05, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofprincipal, or premium, if any, or interest, if any, and interest on the Notes or to enforce the performance of any provision of the Notes or this IndentureIndenture Documents. The If directed pursuant to Section 7.05, the Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 5 contracts

Samples: Indenture (CURO Group Holdings Corp.), Supplemental Indenture (CURO Group Holdings Corp.), Indenture (CURO Group Holdings Corp.)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may file proofs of claim and maintain a proceeding proceedings even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 5 contracts

Samples: Indenture (Lexington Precision Corp), Indenture (Lexington Precision Corp), Lexington Precision Corp

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or of and premium, if any, or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 5 contracts

Samples: Indenture (Rent Way Inc), Indenture (Alternative Living Services Inc), Assisted Living Concepts Inc

Other Remedies. If an Event of Default with respect to the Securities occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All To the extent permitted by law, all available remedies are cumulative.

Appears in 5 contracts

Samples: Pledge and Security Agreement (Party City Holdco Inc.), Indenture (Party City Holdco Inc.), Indenture (PQ Group Holdings Inc.)

Other Remedies. If Notwithstanding any other provision of this Indenture, if an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 5 contracts

Samples: Indenture (Schuler Homes Inc), Indenture (Continental Homes Holding Corp), Indenture (Continental Homes Holding Corp)

Other Remedies. If an Event of Default occurs and is continuing, continuing the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or (and premium, if any, ) or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of such right or remedy or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 5 contracts

Samples: Sizeler Property Investors Inc, Sizeler Property Investors Inc, Sizeler Property Investors Inc

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of the principal of, accrued and unpaid interest on, the Redemption Price for or premiumthe Fundamental Change Repurchase Price for, if any, or interest, if any, on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them the Notes in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall will not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative, except as otherwise provided in this Indenture.

Appears in 4 contracts

Samples: Indenture (Jazz Pharmaceuticals PLC), Indenture (Jazz Pharmaceuticals PLC), Atlas Corp.

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities, this Indenture or this Indenturethe Subsidiary Guarantees. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 4 contracts

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

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities, this Indenture or this Indentureany Guarantee. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 4 contracts

Samples: Indenture (Vs Holdings Inc), Indenture (Tenneco Automotive Inc), Indenture (Spanish Broadcasting System Inc)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes Notes, this Indenture or this Indenturethe Collateral Agreements. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing arising upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 4 contracts

Samples: Registration Rights Agreement (New World Restaurant Group Inc), Article Twelve (Discovery Zone Inc), Article Twelve (Discovery Zone Inc)

Other Remedies. If an Event of Default occurs and is continuingcontinuing in respect of the Notes, the Trustee may may, but shall not be obligated to, pursue any available remedy by proceeding at law or in equity to collect the payment of the principal of, of or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the such Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Noteholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 4 contracts

Samples: Bausch Health Companies (Bausch Health Companies Inc.), Bausch Health Companies (Bausch Health Companies Inc.), Indenture (Bausch Health Companies Inc.)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or interest or premium, if any, or interest, if anyapplicable, on the Convertible Notes or to enforce the performance of any provision of the Convertible Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Convertible Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder holder of a Convertible Note in exercising any right or remedy accruing occurring upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 4 contracts

Samples: Indenture (LTX-Credence Corp), Indenture (LTX-Credence Corp), LTX-Credence Corp

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, of or interest, if any, on the Notes Securities or to enforce the performance of any provision of the Notes such Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 4 contracts

Samples: Indenture (Lockheed Martin Corp), Indenture (Lockheed Martin Corp), Indenture (Lockheed Martin Corp)

Other Remedies. If an Event of a Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premiuminterest or Additional Interest, if any, or intereston, if any, on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 4 contracts

Samples: Supplemental Indenture (Petrolera San Antonio S.A.), Navios South American (Navios Maritime Holdings Inc.), Indenture (Navios Maritime Holdings Inc.)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may may, subject to the Intercreditor Agreement, pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofprincipal, or premium, if any, or interest, if any, and interest on the Notes or to enforce the performance of any provision of the Notes Notes, this Indenture or this Indenturethe Collateral Documents. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of a Note in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 4 contracts

Samples: Indenture (RBX Corp), Intercreditor and Collateral Agency Agreement (RBX Corp), RBX Corp

Other Remedies. If an Event of Default occurs and is continuing, subject to the terms of the Intercreditor Agreement, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes Notes, this Indenture or this Indenturethe Security Documents. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All To the extent required by law, all available remedies are cumulative.

Appears in 3 contracts

Samples: Indenture (Momentive Performance Materials Inc.), Indenture (Momentive Performance Materials Quartz, Inc.), Indenture (Momentive Performance Materials Inc.)

Other Remedies. If an Event of Default with respect to Notes occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interestand interest on, if any, on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder holder of a Note in exercising any right or remedy accruing occurring upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 3 contracts

Samples: Indenture (Agere Systems Inc), Indenture (Agere Systems Inc), Indenture (Agere Systems Inc)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of (or premium, if any, ) or interest, if any, interest due on the Notes or to enforce the performance of any provision of the Notes Notes, this Indenture or this Indenturethe Guarantees. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Noteholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 3 contracts

Samples: Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Senior Secured Notes or to enforce the performance of any provision of the Senior Secured Notes or this Senior Secured Notes Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Senior Secured Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All To the extent required by law, all available remedies are cumulative.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Reynolds Group Holdings LTD), Secured Notes Indenture (Beverage Packaging Holdings (Luxembourg) v S.A.), Stock Purchase Agreement (RenPac Holdings Inc.)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofprincipal, or premium, if any, or interest, if any, and interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of a Note in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 3 contracts

Samples: Indenture (Beazer Homes Usa Inc), Indenture (NTL Inc), NTL:Telewest LLC

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes or Notes, this IndentureIndenture (including sums owed to the Trustee and its agents and counsel) and the Guarantees. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 3 contracts

Samples: Indenture (F&G Annuities & Life, Inc.), Supplemental Indenture (FGL Holdings), Indenture (FGL Holdings)

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Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of (or premium, if any, ) or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes Notes, this Indenture or this Indenturethe Guarantees. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 3 contracts

Samples: Indenture (CPG Newco LLC), CPG Merger Sub (CPG Newco LLC), CPG Merger Sub (CPG Newco LLC)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofprincipal, or premiumaccrued and unpaid interest, if any, or interest, if any, payment of the Fundamental Change Purchase Price on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them the Notes in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 3 contracts

Samples: Indenture (Supernus Pharmaceuticals Inc), Indenture (Cal Dive International, Inc.), Carriage Services Inc

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes or Securities, this Indenture, the Subsidiary Guarantees, the Collateral Documents or the Intercreditor Agreement. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 3 contracts

Samples: Indenture (NBC Acquisition Corp), Indenture (New Nebraska Book Company, Inc.), Indenture (Nebraska Book Co)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any remedy available remedy by proceeding at pursuant to applicable law or in equity to collect the payment of principal ofprincipal, or premiumpremium (including the Applicable Premium), if any, or interest, if any, and interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of a Note in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 3 contracts

Samples: Indenture (Vantage Drilling International), Indenture (OFFSHORE GROUP INVESTMENT LTD), Indenture (Vantage Drilling Netherlands B.V.)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, interest or interestLiquidated Damages, if any, on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing occurring upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 3 contracts

Samples: Indenture (Delta Air Lines Inc /De/), Delta Air Lines Inc /De/, Delta Air Lines Inc /De/

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofprincipal, or premium, if any, or interest, if any, and interest on the Notes of any series or to enforce the performance of any provision of the Notes of such series or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes of any series or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of a Note of a series in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 3 contracts

Samples: Senior Notes Indenture (Equitrans Midstream Corp), Senior Notes Indenture (Equitrans Midstream Corp), Senior Notes Indenture (Equitrans Midstream Corp)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes Senior Subordinated Securities or to enforce the performance of any provision of the Notes Senior Subordinated Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Senior Subordinated Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of Senior Subordinated Securities in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 3 contracts

Samples: Indenture (Cadmus Communications Corp/New), Indenture (Cadmus Communications Corp/New), Indenture (Cadmus Communications Corp/New)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee and the Collateral Agent may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes Notes, this Indenture or this Indenturethe Security Documents. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Collateral Agent, the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 3 contracts

Samples: Indenture (GeoEye, Inc.), Indenture (Orbimage Inc), Indenture (GeoEye, Inc.)

Other Remedies. If Notwithstanding any other provision of this Indenture, if an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofprincipal, or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 3 contracts

Samples: Indenture (Phi Inc), Indenture (Phi Inc), Indenture (Phi Inc)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premiumpremium on, if any, interest or interestAdditional Interest, if any, on on, the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of a Note in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 3 contracts

Samples: Indenture (Global Geophysical Services Inc), Supplemental Indenture (Thermadyne Australia Pty Ltd.), Indenture (Global Geophysical Services Inc)

Other Remedies. If an Event of a Default occurs and is continuingcontinuing with respect to the Notes of any series, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premiuminterest on, if any, or interest, if any, on the Notes of the applicable series or to enforce the performance of any provision of the Notes of the applicable series or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of a Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Pocatello Idaho Property, L.L.C., Pocatello Idaho Property, L.L.C.

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofprincipal, or premium, if any, or interestinterest and Additional Interest, if any, on the Notes or to enforce the performance of any provision of the Notes or this IndentureIndenture Documents, subject to the terms of the Intercreditor Agreement. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Supplemental Indenture (Affinity Guest Services, LLC), Intercreditor Agreement (Thermon Holding Corp.)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of the principal of, or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Indenture (Icn Pharmaceuticals Inc), Icn Pharmaceuticals Inc

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest (including any Additional Interest) on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or wrongfully taken Securities in the last paragraph of Section 2.11, no remedy is exclusive of any other remedy. All , and all available remedies are cumulative.

Appears in 2 contracts

Samples: Newmont Mining Corp /De/, Newmont Mining Corp /De/

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, of and interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it the Trustee does not possess any of the Notes or does not produce any of them the Notes in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of of, or acquiescence in in, the Event of Default. No remedy is exclusive of any other remedy. All available Except as set forth in Section 2.07, all remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Hutchinson Technology Inc, Mark Iv Industries Inc

Other Remedies. If an Event of Default occurs and is continuingcontinuing and is known to the Trustee, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 2 contracts

Samples: Indenture (Ladder Capital Corp), Indenture (Ladder Capital Corp)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest (including any Additional Interest) on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or wrongfully taken Securities in the last paragraph of Section 2.10, no remedy is exclusive of any other remedy. All , and all available remedies are cumulative.

Appears in 2 contracts

Samples: Newmont Mining Corp /De/, Newmont Mining Corp /De/

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of (or premium, if any, ) or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are are, to the extent permitted by applicable law, cumulative.

Appears in 2 contracts

Samples: Indenture (J.M. Tull Metals Company, Inc.), Indenture (Ryerson Tull Inc /De/)

Other Remedies. If an Event of Default occurs and is continuing, subject to the terms of the Intercreditor Agreements, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes Notes, this Indenture or this Indenturethe Security Documents. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All To the extent required by law, all available remedies are cumulative.

Appears in 2 contracts

Samples: Indenture (Momentive Performance Materials Inc.), Indenture (Momentive Performance Materials Quartz, Inc.)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premiuminterest or Additional Interest, if any, or interest, if anyapplicable, on the Convertible Notes or to enforce the performance of any provision of the Convertible Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Convertible Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder holder of a Convertible Note in exercising any right or remedy accruing occurring upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Indenture (Vion Pharmaceuticals Inc), Indenture (Nortel Networks Corp)

Other Remedies. If an Event of Default with respect to the Securities occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All To the extent permitted by law, all available remedies are cumulative.

Appears in 2 contracts

Samples: Party City Holdco Inc., Party City Holdco Inc.

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofprincipal, or premiumaccrued and unpaid interest, if any, or interest, if any, payment of the Fundamental Change Purchase Price on the Notes or to enforce the payment and performance of any provision of the Notes or this IndentureIndenture (including for sums owed to the Trustee and its agents and counsel). The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them the Notes in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 2 contracts

Samples: Indenture (NRG Yield, Inc.), Indenture (NRG Yield, Inc.)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law (under this Indenture, or in equity otherwise) to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes Notes, this Indenture or this Indenturethe Security Agreements. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of a Note in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Finova Group Inc), Collateral Trust Agreement (Finova Group Inc)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A To the fullest extent permitted by applicable law, a delay or omission by the Trustee or any Holder noteholder in exercising any right or remedy accruing upon an a Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No , no remedy is exclusive of any other remedy. All remedy and all available remedies are cumulativecumulative to the fullest extent permitted by applicable law.

Appears in 2 contracts

Samples: Western Digital Corp, WD Media, LLC

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of Accreted Value or principal of, of or premium, if any, or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing maturing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Indenture (Graham Packaging Holdings Co), Frontiervision Holdings Capital Corp

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofAccreted Value, or premium, if any, or and interest, if any, on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 2 contracts

Samples: Supplemental Indenture (Nalco Energy Services Equatorial Guinea LLC), Supplemental Indenture (Nalco Finance Holdings Inc.)

Other Remedies. If an Event of Default with respect to the Notes occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to it under the Indenture to collect the payment of principal of, or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes or this the Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are are, to the extent permitted by law, cumulative.

Appears in 2 contracts

Samples: Fourth Supplemental Indenture (Expedia, Inc.), Indenture (Expedia, Inc.)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofprincipal, or premium, premium (if any, or interest, if any, ) and interest on the Notes Securities of any series or to enforce the performance of any provision of the Notes Securities of any series or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities of a series or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of a Security in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Indenture (Suburban Propane Partners Lp), Indenture (Suburban Propane Partners Lp)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofof and interest, or premium, if any, or interestand Additional Interest, if any, on on, the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of a Note in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Indenture (Endeavour International Corp), Indenture (EV Energy Partners, LP)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premiumpremium on, if any, or interest, if any, on on, the Notes or to enforce the performance of any provision of the Notes Notes, the Note Guarantees or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of a Note in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Indenture (Eldorado Resorts, Inc.), Indenture (NGA Holdco, LLC)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of or premium, if any, or interest, if any, interest on the Notes Debentures or to enforce the performance of any provision of the Notes Debentures or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Debentures or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: McMS Inc, MTL Inc

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal Accreted Value of, or premium, if any, or interest, if any, interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder Securityholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Merger Agreement (Salt Holdings Corp), Merger Agreement (Salt Holdings Corp)

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofprincipal, or premium, if any, or interestinterest and Additional Interest, if any, on the Notes or to enforce the performance of any provision of the Notes Notes, this Indenture or this Indenturethe Guarantees. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Nuveen Investments Holdings, Inc., Nuveen Investments Holdings, Inc.

Other Remedies. If an Event of a Default occurs and is continuing, the Trustee may may, subject to the provisions of the Intercreditor Agreement, pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premiuminterest on, if any, or interest, if any, on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of a Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Collateral and Security Documents (Exide Technologies), Exide Technologies

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, of (or premium, if any, ) or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No Except as otherwise provided in Section 2.7 with respect to the replacement of mutilated, destroyed, lost or wrongfully taken Notes, no remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Columbus Energy Corp, Cimarex Energy Co

Other Remedies. If an Event of Default occurs and is continuingcontinuing and subject to the provisions of this Indenture, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofprincipal, or premium, if any, or interest, if any, and interest on the Notes or to enforce the performance of any provision of the Notes or and this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of a Note in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Echostar Communications Corp, Echostar Communications Corp

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal ofprincipal, or premium, if any, or premium and interest, if any, on the Notes of each series or to enforce the performance of any provision of the Notes of each series or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes of either series or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder of a Note of either series in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Indenture (Qorvo, Inc.), Indenture (Aecom Technology Corp)

Other Remedies. If an any Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, interest on the Notes or to enforce the performance of any provision of the Notes or this Indenture. The Trustee may maintain a proceeding even if it the Trustee does not possess any of the Notes or does not produce any of them the Notes in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of of, or acquiescence in in, the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.

Appears in 2 contracts

Samples: Nortek Inc, Nortek Inc

Other Remedies. If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the payment of principal of, or premium, if any, or interest, if any, and interest on the Notes Securities or to enforce the performance of any provision of the Notes Securities or this Indenture. The Trustee may maintain a proceeding even if it does not possess any of the Notes Securities or does not produce any of them in the proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of or acquiescence in the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulativecumulative to the extent permitted by law.

Appears in 2 contracts

Samples: Verasun Energy Corp, Security Agreement (Verasun Energy Corp)

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