Common use of Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default Clause in Contracts

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 6.6, no right or remedy herein conferred upon or reserved to the Trustee for any series of the Securities or to the Holder of any Security of such series or any Coupon appertaining thereto is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Holder of any Security of any series or any Coupon appertaining thereto to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 6.6, every power and remedy given by this Indenture or by law to the Trustee for any series of the Securities or to the Holder of the Security of such series or any Coupon appertaining thereto may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holder of such Security or any Coupon appertaining thereto.

Appears in 5 contracts

Samples: Indenture (Sheraton Holding Corp), Itt Corp /Nv/, Itt Corp /Nv/

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Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 6.65.6, or as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities or Coupons in the last paragraph of Section 2.9, no right or remedy herein conferred upon or reserved to the Trustee for any series of the Securities or to the Holder Holders of any Security of such series Securities or any Coupon appertaining thereto Coupons is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Holder of any Security of any series Securities or any Coupon appertaining thereto Coupons to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 6.65.6, every power and remedy given by this Indenture or by law to the Trustee for any series of the Securities or to the Holder Holders of the Security of such series Securities or any Coupon appertaining thereto Coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holder Holders of such Security Securities or any Coupon appertaining theretoCoupons.

Appears in 3 contracts

Samples: Subordinated Indenture (Argo Group Us, Inc.), Subordinated Indenture (Argo Group Us, Inc.), Senior Indenture (Argo Group Us, Inc.)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as otherwise provided in Section 6.65.6 and with respect to the replacement or payment of mutilated, defaced or destroyed, lost or stolen Securities in the last sentence of Section 2.9, no right or remedy herein conferred upon or reserved to the Trustee for any series of the Securities or to the Holder holders of any Security of such series or any Coupon appertaining thereto Securities is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Holder holder of any Security of any series or any Coupon appertaining thereto Securities to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 6.65.6, every power and remedy given by this Indenture or by law to the Trustee for any series of the Securities or to the Holder holders of the Security of such series or any Coupon appertaining thereto Securities may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holder holders of such Security or any Coupon appertaining theretoSecurities.

Appears in 3 contracts

Samples: Indenture (Unisys Corp), Indenture (Unisys Corp), Indenture (Unisys Corp)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 6.6, no No right or remedy herein conferred upon or reserved to the Trustee for any series of the Securities or to the Holder of any Security of such series or any Coupon appertaining thereto Securityholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Holder of any Security of any series or any Coupon appertaining thereto the Securities to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 6.6the other applicable provisions of this Indenture, every power and remedy given by this Indenture or by law to the Trustee for any series of the Securities or to the Holder of the Security of such series or any Coupon appertaining thereto Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holder of Securityholders. Any right or remedy herein conferred upon or reserved to the Trustee may be exercised by it in its capacity as Trustee, as it may deem most efficacious, if it is then acting in such Security or any Coupon appertaining theretocapacity.

Appears in 3 contracts

Samples: Aircraft Mortgage and Security Agreement (Trans World Airlines Inc /New/), Trans World Airlines Inc /New/, Trans World Airlines Inc /New/

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 6.62.6, no right or remedy herein or under the Collateral Agreements conferred upon or reserved to the Trustee for any series of the Securities or to the Holder of any Security of such series or any Coupon appertaining thereto Securityholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or under the Collateral Agreements or now or hereafter thereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunderhereunder or under the Collateral Agreements, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Holder of any Security of any series or any Coupon appertaining thereto to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, and subject to Section 6.65.6, every power and remedy given by this Indenture or under the Collateral Agreements or by law to the Trustee for any series of the Securities or to the Holder of the Security of such series or any Coupon appertaining thereto Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holder of such Security or any Coupon appertaining theretoSecurityholders.

Appears in 2 contracts

Samples: Indenture (Trans World Gaming Corp), Trans World Gaming Corp

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 6.6, no No right or remedy herein conferred upon or reserved to the Trustee for any series of the Securities or to the Holder of any Security of such series or any Coupon appertaining thereto is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Holder of any Security of any series or any Coupon appertaining thereto to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 6.6, and every power and remedy given by this Indenture Note or by law to the Trustee for any series of the Securities or to the Holder of the Security of such series or any Coupon appertaining thereto may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee Holder. Any term or by provision of this Note (including this Section 2.2) to the contrary notwithstanding, the Holder shall have no right (directly or indirectly) to exercise, nor shall any Holder in fact exercise (directly or indirectly), any rights or remedies against the Issuer, any of such Security its subsidiaries or any Coupon appertaining theretoof their respective assets in respect of any breach hereunder or otherwise, nor shall the Holder commence (directly or indirectly) any litigation, action or other proceeding against any of the foregoing in respect of any breach hereunder or otherwise, unless (but only unless) an Event of Default has occurred and is continuing, and, in such event, the exercise of any such right or remedy shall be subject to Section 4 hereof.

Appears in 2 contracts

Samples: Subordination Agreement (Advance America, Cash Advance Centers, Inc.), Advance America, Cash Advance Centers, Inc.

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 6.64.6 and the last paragraph of Section 2.9, no right or remedy herein conferred upon or reserved to the Trustee for any series of the Securities or to the Holder Holders of any Security of such series Securities or any Coupon appertaining thereto Coupons is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Holder of any Security of any series Securities or any Coupon appertaining thereto Coupons to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 6.64.6, every power and remedy given by this Indenture or by law to the Trustee for any series of the Securities or to the Holder Holders of the Security of such series Securities or any Coupon appertaining thereto Coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holder Holders of such Security Securities or any Coupon appertaining theretoCoupons.

Appears in 2 contracts

Samples: Indenture (Illinois Power Co), Illinova Corp

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 6.67.6, no right or remedy herein conferred upon or reserved to the Trustee for any series of the Securities or to the Holder of any Security of such series or any Coupon appertaining thereto is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. 70 60 No delay or omission of the Trustee or of any Holder of any Security of any series or any Coupon appertaining thereto to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 6.67.6, every power and remedy given by this Indenture or by law to the Trustee for any series of the Securities or to the Holder of the Security of such series or any Coupon appertaining thereto may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holder of such Security or any Coupon appertaining thereto.

Appears in 1 contract

Samples: Itt Corp

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 6.63.01 in the case of a Replacement Capital Obligation Default and Section 6.06, no right or remedy herein conferred upon or reserved to the Trustee for any series of the Securities or to the Holder Holders of any Security of such series or any Coupon appertaining thereto Notes is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Holder of any Security of any series or any Coupon appertaining thereto Notes to exercise any right or power accruing upon any Event of Default or a Replacement Capital Obligation Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or Replacement Capital Obligation Default or an acquiescence therein; and, subject to Section 6.63.01 in the case of a Replacement Capital Obligation Default and Section 6.06, every power and remedy given by this Indenture or by law to the Trustee for any series of the Securities or to the Holder Holders of the Security of such series or any Coupon appertaining thereto Notes may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holder Holders of such Security or any Coupon appertaining theretoNotes.

Appears in 1 contract

Samples: Indenture (Fidelis Insurance Holdings LTD)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 6.6, no No right or remedy herein conferred upon or reserved to the Trustee for any series of the Securities or to the Holder of any Security of such series or any Coupon appertaining thereto Noteholder is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Holder of any Security of any series or any Coupon appertaining thereto the Notes to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 6.6the other applicable provisions of this Indenture, every power and remedy given by this Indenture or by law to the Trustee for any series of Trustee, a Liquidity Provider, the Securities Policy Provider or to the Holder of the Security of such series or any Coupon appertaining thereto Noteholder may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by such Noteholder. Any right or remedy herein conferred upon or reserved to the Holder of Trustee may be exercised by it in its capacity as Trustee and/or as Collateral Agent, as it may deem most efficacious, if it is then acting in such Security or any Coupon appertaining theretocapacity.

Appears in 1 contract

Samples: Security Agreement (Continental Airlines Inc /De/)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as otherwise provided in Section 6.65.06 and with respect to the replacement or payment of mutilated, defaced or destroyed, lost or stolen Securities in the last sentence of Section 2.10, no right or remedy herein conferred upon or reserved to the Trustee for any series of the Securities or to the Holder holders of any Security of such series or any Coupon appertaining thereto Securities is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Holder holder of any Security of any series or any Coupon appertaining thereto Securities to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 6.65.06, every power and remedy given by this Indenture or by law to the Trustee for any series of the Securities or to the Holder holders of the Security of such series or any Coupon appertaining thereto Securities may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holder holders of such Security or any Coupon appertaining theretoSecurities, as the case may be.

Appears in 1 contract

Samples: Science Applications International Corp

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 6.6, no No right or remedy herein conferred upon or reserved to the Trustee for any series of the Securities or to the Holder of any Security of such series or any Coupon appertaining thereto Noteholder is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No To the extent permitted by law, no delay or omission of the Trustee or of any Holder of any Security of any series or any Coupon appertaining thereto the Notes to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 6.6the other applicable provisions of this Indenture, every power and remedy given by this Indenture or by law to the Trustee for any series of the Securities Trustee, a Liquidity Provider or to the Holder of the Security of such series or any Coupon appertaining thereto Noteholder may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by such Liquidity Provider or Noteholder. Any right or remedy herein conferred upon or reserved to the Holder of Trustee may be exercised by it in its capacity as Trustee and/or as Collateral Agent, as it may deem most efficacious, if it is then acting in such Security or any Coupon appertaining theretocapacity.

Appears in 1 contract

Samples: Indenture (American Airlines Inc)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 6.6, no No right or remedy herein conferred upon or reserved to the Trustee for any series of the Securities or to the Holder Holders of Securities of any Security of such series or any Coupon appertaining thereto is intended to be exclusive of any other right or remedy, remedy and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Holder of any Security of any series or any Coupon appertaining thereto such Securities to exercise any right or power remedy accruing upon any Event of Default with respect to any such series of Securities occurring and continuing as aforesaid shall impair any such right or power remedy or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 6.6, every power . Every right and remedy given by this Indenture Indenture, any Security or by law to the Trustee for any series of the Securities or to the Holder of the Security Holders of such series or any Coupon appertaining thereto Securities may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or or, subject to Section 7.07, by the Holder Holders of such Security or any Coupon appertaining theretoSecurities.

Appears in 1 contract

Samples: Frontier Communications Corp

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Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 6.6, no No right or remedy herein conferred upon or reserved to the Trustee for any series of the Securities or to the Holder of any Security of such series or any Coupon appertaining thereto Securityholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Holder of any Security of any series or any Coupon appertaining thereto the Securities to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 6.6the other applicable provisions of this Indenture, every power and remedy given by this Indenture or by law to the Trustee for any series of Trustee, a Liquidity Provider, the Securities Policy Provider or to the Holder of the Security of such series or any Coupon appertaining thereto Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holder of Securityholders. Any right or remedy herein conferred upon or reserved to the Trustee may be exercised by it in its capacity as Trustee and/or as Collateral Agent, as it may deem most efficacious, if it is then acting in such Security or any Coupon appertaining theretocapacity.

Appears in 1 contract

Samples: Continental Airlines Inc /De/

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 6.6Subclause 4.6, and with respect to the replacement or payment of mutilated, defaced or destroyed, lost or stolen Notes, in the final sentence of Subclause 2.8, no right or remedy herein conferred upon or reserved to the Trustee for any series of the Securities or to the Holder of any Security of such series or any Coupon appertaining thereto Noteholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Holder of any Security of any series or any Coupon appertaining thereto Noteholder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 6.6Subclause 4.6, every power and remedy given by this Indenture or by law to the Trustee for any series of the Securities or to the Holder of the Security of such series or any Coupon appertaining thereto Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holder of such Security or any Coupon appertaining theretoNoteholders.

Appears in 1 contract

Samples: www.imperialbrandsplc.com

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 6.65.6, no right or remedy herein conferred upon or reserved to the Trustee for any series Trustee, the Holders of the Securities or to Coupons or the Holder holders of any Security of such series or any Coupon appertaining thereto Preferred Securities is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Holder of any Security Securities or Coupons or the holders of any series or any Coupon appertaining thereto Preferred Securities to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 6.65.6, every power and remedy given by this Indenture or by law to the Trustee for any series of the Securities or to the Holder Holders of Securities or Coupons or the Security holders of such series or any Coupon appertaining thereto Preferred Securities may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee Trustee, by the Holders of Securities or Coupons or by holders of Preferred Securities as the Holder of such Security or any Coupon appertaining theretocase may be.

Appears in 1 contract

Samples: Indenture (Scottish Annuity & Life Holdings LTD)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 6.6, no No right or remedy herein conferred upon or reserved to the Trustee for any series of the Securities or to the Holder of any Security of such series or any Coupon appertaining thereto is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Holder of any Security of any series or any Coupon appertaining thereto to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 6.6, and every power and remedy given by this Indenture Note or by law to the Trustee for any series of the Securities or to the Holder of the Security of such series or any Coupon appertaining thereto may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee Holder. Any term or by provision of this Note (including this Section 2.2) to the contrary notwithstanding, the Holder shall have no right (directly or indirectly) to exercise, nor shall any Holder in fact exercise (directly or indirectly), any rights or remedies against the Issuer, any of such Security its subsidiaries or any Coupon appertaining theretoof their respective assets in respect of any breach hereunder or otherwise, nor shall the Holder commence (directly or indirectly) any litigation, action or other proceeding against any of the foregoing in respect of any breach hereunder or otherwise, unless (but only unless) an Event of Default has occurred and is continuing, and, in such event, the exercise of any such right or remedy shall be subject to Section 5 hereof.

Appears in 1 contract

Samples: Advance America, Cash Advance Centers, Inc.

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as otherwise provided in Section 6.65.6 and with respect to the replacement or payment of mutilated, defaced or destroyed, lost or stolen Securities and Coupons in the last sentence of Section 2.9, no right or remedy herein conferred upon or reserved to the Trustee for any series of the Securities or to the Holder holders of any Security of such series Securities or any Coupon appertaining thereto Coupons is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Holder holder of any Security of any series Securities or any Coupon appertaining thereto Coupons to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 6.65.6, every power and remedy given by this Indenture or by law to the Trustee for any series of the Securities or to the Holder holders of the Security of such series Securities or any Coupon appertaining thereto Coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holder holders of such Security Securities or any Coupon appertaining theretoCoupons.

Appears in 1 contract

Samples: Rubbermaid Inc

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in Section 6.6, no No right or remedy herein conferred upon or reserved to the Trustee for any series of the Securities or to the Holder Holders of any Security of such series or any Coupon appertaining thereto Notes is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Holder of any Security of any series or any Coupon appertaining thereto Notes to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any 48 such Event of Default or an acquiescence therein; and, subject to Section 6.68.04, every right and power and remedy given by this Indenture or by law to the Trustee for any series of the Securities or to the Holder Holders of the Security of such series or any Coupon appertaining thereto Notes may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holder Holders of such Security or any Coupon appertaining theretoNotes, as the case may be.

Appears in 1 contract

Samples: Indenture (Jersey Central Power & Light Co)

Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default. Except as provided in the last sentence of Section 6.62.9 and subject to Section 5.6, no right or remedy herein conferred upon or reserved to the Trustee for any series of the Securities or to the Holder Holders of any Security of such series Securities or any Coupon appertaining thereto Coupons is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Holder of any Security of any series Securities or any Coupon appertaining thereto Coupons to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 6.65.6, every power and remedy given by this Indenture or by law to the Trustee for any series of the Securities or to the Holder Holders of the Security of such series Securities or any Coupon appertaining thereto Coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holder Holders of such Security Securities or any Coupon appertaining theretoCoupons.

Appears in 1 contract

Samples: Indenture (United States Cellular Corp)

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