Common use of Delay or Omission Not a Waiver Clause in Contracts

Delay or Omission Not a Waiver. No delay or omission of the Indenture Trustee or any Holder of any Note to exercise any right or remedy accruing upon any Default or Event of Default shall impair any such right or remedy or constitute a waiver of any such Default or Event of Default or an acquiescence therein. Every right and remedy given by this Article Five or by law to the Indenture Trustee[, the [Swap][Cap] Counterparty] or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee[, the [Swap][Cap] Counterparty] or (subject to Section 5.07) by the Noteholders, as the case may be.

Appears in 4 contracts

Sources: Indenture (Harley-Davidson Customer Funding Corp.), Indenture (Harley-Davidson Customer Funding Corp.), Indenture (Harley-Davidson Customer Funding Corp.)

Delay or Omission Not a Waiver. No delay or omission of the Indenture Trustee or any Holder of any Note Noteholder to exercise any right or remedy accruing upon any Indenture Default or Indenture Event of Default shall impair any such right or remedy or constitute a waiver of any such Indenture Default or Indenture Event of Default or an acquiescence therein. Every right and remedy given by this Article Five V or by law to the Indenture Trustee[, the [Swap][Cap] Counterparty] Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee[, the [Swap][Cap] Counterparty] Trustee or (subject to Section 5.07) by the Noteholders, as the case may be.

Appears in 3 contracts

Sources: Indenture (First NLC Trust 2005-3 Mortgate-Backed Notes, Series 2005-3), Indenture (FBR Securitization, Inc.), Indenture (First NLC Trust 2005-1)

Delay or Omission Not a Waiver. No delay or omission of the Indenture Trustee or Trustee, any Holder Noteholder of any Note or any Hedge Counterparty to exercise any right or remedy accruing upon any Default or Event of Default shall impair any such right or remedy or constitute a waiver of any such Default or Event of Default or an acquiescence therein. Every right and remedy given by this Article Five V or by law Law to the Indenture Trustee[, to the [Swap][Cap] Counterparty] Noteholders or to the Noteholders Hedge Counterparties may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee[, the [Swap][Cap] Counterparty] or (subject to Section 5.07) by the NoteholdersNoteholders or by the Hedge Counterparties, as the case may be.

Appears in 3 contracts

Sources: Indenture (Diversified Energy Co PLC), Indenture (Diversified Energy Co PLC), Indenture (Diversified Energy Co PLC)

Delay or Omission Not a Waiver. No delay or omission of the Indenture Trustee or any Holder of any Note to exercise any right or remedy accruing upon any Default or Event of Default shall impair any such right or remedy or constitute a waiver of any such Default or Event of Default or an acquiescence therein. Every right and remedy given by this Article Five or by law to the Indenture Trustee[, the [Swap][Cap] Swap Counterparty] or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee[, the [Swap][Cap] Swap Counterparty] or (subject to Section 5.07) by the Noteholders, as the case may be.

Appears in 2 contracts

Sources: Indenture (Harley-Davidson Customer Funding Corp.), Indenture (Harley Davidson Customer Funding Corp)

Delay or Omission Not a Waiver. No delay or omission of the Indenture Trustee or any Holder of any Note to exercise any right or remedy accruing upon any Indenture Default or Indenture Event of Default shall impair any such right or remedy or constitute a waiver of any such Indenture Default or Indenture Event of Default or an acquiescence therein. Every right and remedy given by this Article Five V or by law to the Indenture Trustee[, the [Swap][Cap] Counterparty] Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee[, the [Swap][Cap] Counterparty] Trustee or (subject to Section 5.07) by the Noteholders, as the case may be. SECTION xii..[Reserved].

Appears in 2 contracts

Sources: Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp)

Delay or Omission Not a Waiver. No delay or omission of the Indenture Trustee Trustee[, any Swap Counterparty] or any Holder of any Note Noteholder to exercise any right or remedy accruing upon any Default or Event of Indenture Default shall impair any such right or remedy or constitute a waiver of any such Default or Event of Indenture Default or an acquiescence therein. Every right and remedy given by this Article Five or by law to the Indenture TrusteeTrustee [, the [Swap][Cap] each Swap Counterparty] or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture TrusteeTrustee [, the [Swap][Cap] any Swap Counterparty] or (subject to Section 5.07) by the Noteholders, as the case may be.

Appears in 2 contracts

Sources: Indenture (Financial Services Vehicle Trust), Indenture (Financial Services Vehicle Trust)

Delay or Omission Not a Waiver. No delay or omission of the Indenture Trustee Trustee[, the [Swap Counterparty][Cap Provider]] or any Holder of any Note Noteholder to exercise any right or remedy accruing upon any Default or Event of Indenture Default shall impair any such right or remedy or constitute a waiver of any such Default or Event of Indenture Default or an acquiescence therein. Every right and remedy given by this Article Five or by law to the Indenture Trustee[, the [Swap][Cap] Counterparty] Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee[, the [Swap][Cap] CounterpartySwap Counterparty][Cap Provider]] or (subject to Section 5.07) by the Noteholders, as the case may be.

Appears in 2 contracts

Sources: Indenture (Nissan-Infiniti Lt), Indenture (Nissan-Infiniti Lt)

Delay or Omission Not a Waiver. No delay or omission of the Indenture Trustee or any Holder of any Note to exercise any right or remedy accruing upon any Indenture Default or Indenture Event of Default shall impair any such right or remedy or constitute a waiver of any such Indenture Default or Indenture Event of Default or an acquiescence therein. Every right and remedy given by this Article Five V or by law to the Indenture Trustee[, the [Swap][Cap] Counterparty] Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee[, the [Swap][Cap] Counterparty] Trustee or (subject to Section 5.07) by the Noteholders, as the case may be. SECTION V.12. [Reserved].

Appears in 1 contract

Sources: Indenture (Credit Acceptance Corp)

Delay or Omission Not a Waiver. No delay or omission of the Indenture Trustee [, any Swap Counterparty] or any Holder of any Note Noteholder to exercise any right or remedy accruing upon any Default or Event of Indenture Default shall impair any such right or remedy or constitute a waiver of any such Default or Event of Indenture Default or an acquiescence therein. Every right and remedy given by this Article Five or by law to the Indenture TrusteeTrustee [, the [Swap][Cap] each Swap Counterparty] or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee[, the [Swap][Cap] any Swap Counterparty] or (subject to Section 5.07) by the Noteholders, as the case may be.

Appears in 1 contract

Sources: Indenture Agreement (Financial Services Vehicle Trust)

Delay or Omission Not a Waiver. No delay or omission of ------------------------------ the Indenture Trustee Trustee, the Insurer or any Holder of any Note to exercise any right or remedy accruing upon any Default or Event of Default shall impair any such right or remedy or constitute a waiver of any such Default or Event of Default or an any acquiescence therein. Every right and remedy given by this Article Five V or by law to the Indenture Trustee[, the [Swap][Cap] Counterparty] Insurer or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee[, the [Swap][Cap] Counterparty] Insurer or (subject to Section 5.07) by the Noteholders, as the case may be.

Appears in 1 contract

Sources: Indenture (Pooled Auto Securities Shelf LLC)

Delay or Omission Not a Waiver. No delay or omission of the Indenture Trustee or any Holder of any Note to exercise any right or remedy accruing upon any Default or Event of Default shall impair any such right or remedy or constitute a waiver of any such Default or Event of Default or an acquiescence therein. Every right and remedy given by this Article Five V or by law to the Indenture Trustee[, the [Swap][Cap] CounterpartySwap Counterparty][Cap Provider]] or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee[, the [Swap][Cap] CounterpartySwap Counterparty][Cap Provider]] or (subject to Section 5.07) by the Noteholders, as the case may be.

Appears in 1 contract

Sources: Indenture (Nissan Auto Receivables Corp Ii)