Common use of Powers and Remedies Cumulative Clause in Contracts

Powers and Remedies Cumulative. Delay or Omission Not Waiver of Default. Except as provided in Section 5.06, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders of Securities or 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 Securities or 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 5.06, every power and remedy given by this Indenture or by law to the Trustee or to the Holders of Securities or Coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Securities or Coupons.

Appears in 10 contracts

Samples: Indenture (Morgan Stanley Dean Witter & Co), Indenture (Abn Amro Bank Nv), Senior Indenture (Morgan Stanley Capital Trust VIII)

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Powers and Remedies Cumulative. Delay or Omission Not Waiver of Default. Except as provided in Section 5.065.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders of Securities or Coupons 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 Securities or Coupons Securityholder 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 5.065.6, every power and remedy given by this Indenture or by law to the Trustee Trustee, to the Securityholders or to the Holders Holder of Securities or Coupons any Coupon appertaining thereto may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee Trustee, the Securityholders or by the Holders of Securities or Couponsany Coupon.

Appears in 5 contracts

Samples: Indenture (General Mills Inc), Indenture (Kellogg Co), Indenture (Kellogg Co)

Powers and Remedies Cumulative. Delay or Omission Not Waiver of Default. Except as provided in Section 5.065.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders of Securities or 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 Securities or 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 5.065.6, every right and power and remedy given by this Indenture or by law to the Trustee or to the Holders of Securities or Coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Securities or CouponsSecurities, as the case may be.

Appears in 4 contracts

Samples: Indenture (CMS Energy Trust Ii), Indenture (CMS Energy Corp), Consumers Power Co Financing I

Powers and Remedies Cumulative. Delay or Omission Not Waiver of Default. Except as provided in Section 5.066.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders Holder of Securities or Coupons any Security 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 Securities or Coupons any Security of any series 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 5.066.6, every power and remedy given by this Indenture or by law to the Trustee or to the Holders Holder of Securities or Coupons any Security may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders Holder of Securities or Couponssuch Security.

Appears in 3 contracts

Samples: Indenture (Idacorp Trust Iii), Indenture (Covanta Capital Trust Iii), Indenture (Idacorp Trust Iii)

Powers and Remedies Cumulative. Delay or Omission Not Waiver of Default. Except as provided in Section 5.062.11 and Section 5.5, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders of Securities or Coupons Convertible Debentures 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 Securities or Coupons Convertible Debentures 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 5.065.5, every power and remedy given by this Indenture or by law to the Trustee or to the Holders of Securities or Coupons Convertible Debentures may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Securities or CouponsConvertible Debentures.

Appears in 2 contracts

Samples: Indenture (Wellsford Real Properties Inc), Indenture (Capital Trust)

Powers and Remedies Cumulative. Delay or Omission Not Waiver of Default. Default Except as provided in Section 5.062.7 hereof, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders of Securities or Coupons 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 of the Securities or Coupons to exercise as aforesaid any such 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 5.064.6 hereof, every power and remedy given by this Indenture or by law to the Trustee or to the Holders of Securities or Coupons Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Securities or CouponsSecurityholders.

Appears in 2 contracts

Samples: Indenture (NRG Energy Inc), Indenture (NRG Energy Inc)

Powers and Remedies Cumulative. Delay or Omission Not Waiver of Default. Except as provided in Section 5.066.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders Holder of any Security or to the holders of Preferred Securities or 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 or of the holders of Preferred Securities or Coupons of any series 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 5.066.6, every power and remedy given by this Indenture or by law to the Trustee or to the Holders Holder of any Security or to the holders of Preferred Securities or Coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders Holder of Securities such Security or Couponsby such holders of Preferred Securities.

Appears in 2 contracts

Samples: Quanta Capital Holdings LTD, Endurance Specialty Holdings LTD

Powers and Remedies Cumulative. Delay or Omission Not Waiver of Default. Except as provided in Section 5.065.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders holder of Securities or Coupons 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 Securities or 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, and subject to Section 5.065.6, every power and remedy given by this Indenture or by law to the Trustee or to the Holders holder of Securities or Coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders holder of Securities or Coupons.

Appears in 2 contracts

Samples: J P Morgan Chase & Co, J P Morgan Chase & Co

Powers and Remedies Cumulative. Delay or Omission Not Waiver of Default. Except as provided in Section 5.065.6, no right or remedy herein conferred con- ferred upon or reserved to the Trustee or to the Holders of Securities or Coupons Cou- pons 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 addi- tion to every other right and remedy given hereunder or now or hereafter existing ex- isting 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 as- sertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Holder of Securities or 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 5.065.6, every power and remedy given by this Indenture In- denture or by law to the Trustee or to the Holders of Securities or Coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Securities or Coupons.41

Appears in 2 contracts

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

Powers and Remedies Cumulative. Delay or Omission Not Waiver of Default. Except as provided in Section 5.06, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders of Securities or Coupons Debt 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 Securities or Coupons Debt Securityholder 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 5.06, every power and remedy given by this Indenture or by law to the Trustee or to the Holders of Securities or Coupons Debt Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Securities or CouponsDebt Securityholders.

Appears in 2 contracts

Samples: Trust Indenture (Financial Security Assurance Holdings LTD/Ny/), Financial Security Assurance Holdings LTD/Ny/

Powers and Remedies Cumulative. Delay or Omission Not Waiver of Default. Except as provided in Section 5.065.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders of Securities or 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 Securities or 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 5.06, every . Every power and remedy given by this Indenture Indenture, any Security or by law to the Trustee or to the Holders of Securities or Coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or or, subject to Section 5.6, by the Holders of Securities or Coupons.

Appears in 2 contracts

Samples: Indenture (Smart Balance, Inc.), Indenture (Smart Balance, Inc.)

Powers and Remedies Cumulative. Delay or Omission Not Waiver Wavier of Default. Except as provided in Section 5.065.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders of Securities or Coupons 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 Securities or 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 5.06, every . Every power and remedy given by this Indenture Indenture, any Security or by law to the Trustee or to the Holders of Securities or Coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or or, subject to Section 5.6, by the Holders of Securities or Coupons.

Appears in 2 contracts

Samples: Citizens Communications Co, Citizens Communications Co

Powers and Remedies Cumulative. Delay or Omission Not Waiver of Default. Except as provided in Section 5.062.7 hereof, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders of Securities or Coupons 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 of the Securities or Coupons to exercise as aforesaid any such 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 5.064.6 hereof, every power and remedy given by this Indenture or by law to the Trustee or to the Holders of Securities or Coupons Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Securities or CouponsSecurityholders.

Appears in 2 contracts

Samples: Indenture (NRG Energy Inc), Indenture (NRG Energy Inc)

Powers and Remedies Cumulative. Delay or Omission Not Waiver of DefaultDELAY OR OMISSION NOT WAVIER OF DEFAULT. Except as provided in Section 5.065.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders of Securities or Coupons 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 Securities or 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 5.06, every . Every power and remedy given by this Indenture Indenture, any Security or by law to the Trustee or to the Holders of Securities or Coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or or, subject to Section 5.6, by the Holders of Securities or Coupons.

Appears in 1 contract

Samples: Citizens Communications Co

Powers and Remedies Cumulative. Delay or Omission Not Waiver of Default. Except as provided in Section 5.065.7 and 5.8 hereof, no right or remedy herein conferred upon or reserved to the Note Trustee or to the Holders of Securities or 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 Note Trustee or of any Holder of Securities or 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 5.065.7 hereof and Section 5.8 hereof, every power and remedy given by this Indenture or by law to the Note Trustee or to the Holders of Securities or Coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Note Trustee or by the Holders of Securities or CouponsHolders.

Appears in 1 contract

Samples: Note Indenture (Ica Corporation Holding Co)

Powers and Remedies Cumulative. Delay or Omission Not Waiver ------------------------------------------------------------ of Default. Except as provided in Section 5.062.7 hereof, no right or remedy herein ---------- conferred upon or reserved to the Trustee or to the Holders of Securities or 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 of the Securities or Coupons to exercise as aforesaid any such 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 5.064.6 hereof, every power and remedy given by this Indenture or by law to the Trustee or to the Holders of Securities or Coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Securities or CouponsHolders.

Appears in 1 contract

Samples: Amerenenergy Generating Co

Powers and Remedies Cumulative. Delay or Omission Not Waiver of Default. Except as provided in the last sentence of Section 5.062.6 and subject to Section 5.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders of Securities or Coupons the 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 Securities or Coupons 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 5.065.6, every power and remedy given by this Indenture or by law to the Trustee or to the Holders of Securities or Coupons the Notes may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Securities or Couponsthe Notes.

Appears in 1 contract

Samples: Indenture (Aerial Communications Inc)

Powers and Remedies Cumulative. Delay or Omission Not Waiver of DefaultDELAY OR OMISSION NOT WAIVER OF DEFAULT. Except as provided in Section 5.062.9 or Section 5.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders of Securities or 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 Securities or 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 5.06, every . Every power and remedy given by this Indenture Indenture, any Security or by law to the Trustee or to the Holders of Securities or Coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or or, subject to Section 5.6, by the Holders of Securities or Coupons.

Appears in 1 contract

Samples: Regeneron Pharmaceuticals Inc

Powers and Remedies Cumulative. Delay or Omission Not Waiver of DefaultDELAY OR OMISSION NOT WAIVER OF DEFAULT. Except as provided in Section 5.06, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders of Securities or Coupons Debt 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 Securities or Coupons Debt Securityholder 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 5.06, every power and remedy given by this Indenture or by law to the Trustee or to the Holders of Securities or Coupons Debt Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Securities or CouponsDebt Securityholders.

Appears in 1 contract

Samples: Trust Indenture (Financial Security Assurance Holdings LTD/Ny/)

Powers and Remedies Cumulative. Delay or Omission Not Waiver of Default. Except as provided in Section 5.06506, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders of Securities or 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 Securities or 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 5.06506, every power and remedy given by this Indenture or by law to the Trustee or to the Holders of Securities or Coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Securities or Coupons.

Appears in 1 contract

Samples: Nvidia Corp/Ca

Powers and Remedies Cumulative. Delay or Omission Not Waiver of DefaultDELAY OR OMISSION NOT WAIVER OF DEFAULT. Except as provided in Section 5.062.11 and Section 5.5, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders of Securities or Coupons Convertible Debentures 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 Securities or Coupons Convertible Debentures 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 5.065.5, every power and remedy given by this Indenture or by law to the Trustee or to the Holders of Securities or Coupons Convertible Debentures may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Securities or CouponsConvertible Debentures.

Appears in 1 contract

Samples: Execution Copy (Viatel Inc)

Powers and Remedies Cumulative. Delay or Omission ------------------------------------------------- Not Waiver of Default. ---------------------- Except as provided in Section 5.066.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders Holder of Securities or Coupons any Security 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 Securities or Coupons any Security of any series 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 5.066.6, every power and remedy given by this Indenture or by law to the Trustee or to the Holders Holder of Securities or Coupons any Security may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders Holder of Securities or Couponssuch Security.

Appears in 1 contract

Samples: Aspen Insurance Holdings LTD

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Powers and Remedies Cumulative. Delay or Omission Not Waiver of Default. Except as provided in Section 5.065.6, no right or remedy herein conferred upon or reserved to the Trustee trustee or to the Holders of Securities or 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 Securities or 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 5.065.6, every power and remedy given by this Indenture or by law to the Trustee or to the Holders of Securities or Coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Securities or Coupons.

Appears in 1 contract

Samples: Indenture (Sysco Corp)

Powers and Remedies Cumulative. Delay or Omission Not Waiver of DefaultDELAY OR OMISSION NOT WAIVER OF DEFAULT. Except as provided in Section 5.065.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders of Securities or Coupons 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 Securities or Coupons Securityholder 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 5.065.6, every power and remedy given by this Indenture or by law to the Trustee Trustee, to the Securityholders or to the Holders Holder of Securities or Coupons any Coupon appertaining thereto may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee Trustee, the Securityholders or by the Holders of Securities or Couponsany Coupon.

Appears in 1 contract

Samples: Navistar International Corp

Powers and Remedies Cumulative. Delay or Omission Not Waiver of Default. Except as provided in Section 5.06, no No right or remedy herein conferred upon or reserved to the Trustee or to the Holders of Securities or Coupons 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 Securities or Coupons any of the Notes to exercise as aforesaid any such 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 5.064.6 hereof, every power and remedy ----------- given by this Indenture or by law to the Trustee or to the Holders of Securities or Coupons Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Securities or CouponsNoteholders.

Appears in 1 contract

Samples: Indenture (Edison Mission Energy)

Powers and Remedies Cumulative. Delay or Omission Not Waiver of Default. Except as provided in Section 5.064.7, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders of Securities or Coupons 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 Securities or Coupons Noteholder to exercise any right right, power or power remedy accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right right, power 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 5.064.7, every right, power and remedy given by this Indenture or by law to the Trustee or to the Holders of Securities or Coupons Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Securities or CouponsNoteholders.

Appears in 1 contract

Samples: Indenture (Telefonica of Argentina Inc)

Powers and Remedies Cumulative. Delay or Omission Not ----------------------------------------------------- Waiver of Default. Except as provided in Section 5.065.6, no right or remedy herein ----------------- conferred upon or reserved to the Trustee or to the Holders holders of Securities or 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 Securities or 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 5.065.6, every power and remedy given by this Indenture or by law to the Trustee or to the Holders holders of Securities or Coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders holders of Securities or Coupons.

Appears in 1 contract

Samples: Indenture (Weyerhaeuser Co)

Powers and Remedies Cumulative. Delay or Omission Not Waiver of --------------------------------------------------------------- Default. ------- Except as provided in Section 5.068.5 and 8.6 hereof, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders of Securities or Coupons Noteholders is intended to be exclusive of or 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 Securities or Coupons 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 5.068.5 hereof and Section 8.6 hereof, every power and remedy given by this Indenture or the Security Documents or by law to the Trustee or to the Holders of Securities or Coupons Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Securities or CouponsNoteholders.

Appears in 1 contract

Samples: Indenture (Bradlees Stores Inc)

Powers and Remedies Cumulative. Delay or Omission Not Waiver of Default. Except as provided in Section 5.065.8, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders of Securities or 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 Securities or 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 5.065.8, every power and remedy given by this Indenture or by law to the Trustee Trustee, to the Noteholders or to the Holders Holder of Securities or Coupons any Coupon appertaining thereto may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee Trustee, the Noteholders or by the Holders of Securities or Couponsany Coupon.

Appears in 1 contract

Samples: Indenture (Kellogg Co)

Powers and Remedies Cumulative. Delay or Omission Not Waiver of DefaultDELAY OR OMISSION NOT WAIVER OF DEFAULT. Except as provided in Section 5.066.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders Holder of Securities or Coupons any Security 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 Securities or Coupons any Security of any series 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 5.066.6, every power and remedy given by this Indenture or by law to the Trustee or to the Holders Holder of Securities or Coupons any Security may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders Holder of Securities or Couponssuch Security.

Appears in 1 contract

Samples: Idaho Power Co

Powers and Remedies Cumulative. Delay or Omission Not Waiver of Default. Except as provided in Section 5.065.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders of Securities or 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 Securities or 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 5.065.6, every power and remedy given by this Indenture or by law to the Trustee or to the Holders of Securities or Coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Securities or Coupons.

Appears in 1 contract

Samples: Sunamerica Inc

Powers and Remedies Cumulative. Delay or Omission Not Waiver of Default. Except as provided in Section 5.065.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders of Securities or 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 Securities or 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 5.065.6, every power and remedy given by this Indenture or by law to the Trustee or to the Holders of Securities or Coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Securities or Coupons.

Appears in 1 contract

Samples: Indenture (Tenneco Packaging Inc)

Powers and Remedies Cumulative. Delay or Omission Not Waiver of Default. Except as otherwise provided in Section 5.065.06 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 or to the Holders holders of Securities or 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 Securities or 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 5.06, every power and remedy given by this Indenture or by law to the Trustee or to the Holders holders of Securities or Coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders holders of Securities or CouponsSecurities, 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 5.062.11 and Section 5.5, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders of Securities or Coupons any Debentures 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 Securities or Coupons any Debentures 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 5.065.5, every power and remedy given by this Amended and Restated Indenture or by law to the Trustee or to the Holders of Securities or Coupons Debentures may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the any Holders of Securities or Couponsany Debentures.

Appears in 1 contract

Samples: Capital Trust Inc

Powers and Remedies Cumulative. Delay or Omission Not Waiver of Default. Except as provided in Section 5.066.06, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders of Securities or 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 Securities or 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 5.066.06, every power and remedy given by this Indenture or by law to the Trustee or to the Holders of Securities or Coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Securities or CouponsSecurities.

Appears in 1 contract

Samples: RJR Acquisition Corp

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