Common use of Proceedings by Trustee Clause in Contracts

Proceedings by Trustee. If an Event of Default occurs and is continuing with respect to the Securities of any particular series, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of such Securities by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy. SECTION 506. REMEDIES CUMULATIVE AND CONTINUING. To the extent permitted by law, all powers and remedies given by this Article Five to the Trustee or to the Holders of Securities of any particular series shall be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders of the Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder of any Securities of any particular series to exercise any right or power accruing upon any default or 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 default or any acquiescence therein, and, subject to the provisions of Section 504, every power and remedy given by this Article Five or by law to the Trustee or to the Holders of such Securities may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of such Securities.

Proceedings by Trustee. If an Event remedies cumulative and ----------------------------------------------- continuing; delay or omission not waiver of Default occurs and is continuing with respect to default. --------------------------------------------------- In case of a default hereunder or under the Securities of any particular seriesSubordination Agreement, the Trustee may in its discretion proceed to protect and enforce its rights and any of the rights of or remedies vested in it by this Indenture or by the Holders of such Securities Subordination Agreement by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rightsrights or remedies, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in the Subordination Agreement or in aid of the exercise of any power granted hereinin this Indenture or in the Subordination Agreement, or to enforce any other proper remedy. SECTION 506. REMEDIES CUMULATIVE AND CONTINUING. To legal or equitable right or remedy vested in the extent permitted Trustee by this Indenture, by the Subordination Agreement or by law, all . All powers and remedies given by this Article Five Six or by the Subordination Agreement to the Trustee or to the Holders of Securities of any particular series shall noteholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders holders of the SecuritiesNotes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this IndentureIndenture or in the Subordination Agreement, and no delay or omission of the Trustee or of any Holder holder of any Securities of any particular series the Notes to exercise any right or power accruing upon any default or 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 default or any an acquiescence therein, ; and, subject to the provisions of Section 5046.04, every power and remedy given by this Article Five Six or by the Subordination Agreement or by law to the Trustee or to the Holders of such Securities noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of such Securitiesnoteholders.

Proceedings by Trustee. If an (1) Whenever any Event of Default occurs and is continuing with respect has occurred, but subject to the Securities provisions of Section 8.4 and to the provisions of any particular seriesExtraordinary Resolution: (a) the Trustee, in the Trustee exercise of its discretion, may in its discretion proceed to protect and enforce its rights and the rights of the Holders Trustee and the Debentureholders by any action, suit, remedy or proceeding authorized or permitted by law or by equity and may file such proofs of such Securities by such appropriate claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and of the Debentureholders lodged in any bankruptcy, winding-up or other judicial proceedings relative to the Corporation; and (b) upon receipt of a Debentureholders' Request and upon receiving sufficient funds and being indemnified to its satisfaction as provided in Section 13.2, the Trustee shall exercise or take such one or more of the said remedies as the Debentureholders' Request may direct or, if such Debentureholders' Request contains no direction, as the Trustee may deem expedient. (2) No such remedy for the enforcement of the rights of the Trustee or of the Debentureholders shall deem most effectual be exclusive of or dependent on any other such remedy but any one or more of such remedies may from time to protect and enforce time be exercised independently or in combination. (3) Upon the exercising or taking by the Trustee of any of such rightsremedies, whether for or not a declaration and demand have been made pursuant to Section 8.2, the specific enforcement principal of any covenant or agreement in this Indenture or in aid of and interest on the exercise of any power granted herein, or to enforce any Debentures and all other proper remedy. SECTION 506. REMEDIES CUMULATIVE AND CONTINUING. To the extent permitted by law, all powers moneys payable under Section 8.2 shall forthwith become due and remedies given by this Article Five payable to the Trustee or to as though such a declaration and a demand therefor had actually been made. (4) All rights of action hereunder may be enforced by the Holders of Securities Trustee without the possession of any particular series shall be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee Debentures or the Holders of production thereof on the Securities, by judicial trial or other proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no relative thereto. (5) No delay or omission of the Trustee or of any Holder of any Securities of any particular series the Debentureholders to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid remedy referred to in Section 8.5(1) shall impair any such right or power, remedy or shall be construed to be a waiver of any such default hereunder or any acquiescence therein, and, subject to the provisions of Section 504, every power and remedy given by this Article Five or by law to the Trustee or to the Holders of such Securities may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of such Securities.

Proceedings by Trustee. If In case of an Event of Default occurs and is continuing with respect to the Securities of any particular series, hereunder the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of such Securities vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted hereinin this Indenture, or to enforce any other proper remedy. SECTION 506legal or equitable right vested in the Trustee by this Indenture or by law. REMEDIES CUMULATIVE AND CONTINUING; DELAY OR OMISSION NOT A WAIVER. To the extent permitted by lawExcept as otherwise provided in Section 2.6, all powers and remedies given by this Article Five V to the Trustee or to the Holders of Securities of any particular series shall Securityholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders holders of the SecuritiesDebentures, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this IndentureIndenture or otherwise established with respect to the Debentures, and no delay or omission of the Trustee or of any Holder holder of any Securities of any particular series the Debentures to exercise any right right, remedy or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right right, remedy or power, or shall be construed to be a waiver of any such default or any an acquiescence therein, ; and, subject to the provisions of Section 5045.4, every power and remedy given by this Article Five V or by law to the Trustee or to the Holders of such Securities Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee (in accordance with its duties under Section 6.1) or by the Holders of such SecuritiesSecurityholders.

Proceedings by Trustee. If In case of an Event of Default occurs and is continuing with respect to the Securities of any particular seriesDefault, the Trustee may in its discretion (and subject to the provisions of Section 7.01, Section 7.02 and Section 7.06) proceed to protect and enforce its rights and the rights of vested in it by the Holders of such Securities Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this the Indenture or in aid of the exercise of any power granted hereinin the Indenture, or to enforce any other proper remedy. SECTION 506. REMEDIES CUMULATIVE AND CONTINUING. To legal or equitable right vested in the extent permitted Trustee by the Indenture or by law, all . Remedies Cumulative and Continuing . All powers and remedies given by this Article Five 5 to the Trustee or to the Holders of Securities of any particular series shall shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders of the SecuritiesNotes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this the Indenture, and no delay or omission of the Trustee or of any Holder of any Securities of any particular series the Notes to exercise any right or power accruing upon any default Default or 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 default Default or Event of Default or any acquiescence therein, ; and, subject to the provisions of Section 5045.06, every power and remedy given by this Article Five 5 or by law to the Trustee or to the Holders of such Securities may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of such SecuritiesHolders.

Proceedings by Trustee. If In case of an Event of Default occurs and is continuing with respect to the Securities of any particular series, hereunder the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of such Securities vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted hereinin this Indenture, or to enforce any other proper remedy. SECTION 506. REMEDIES CUMULATIVE AND CONTINUING. To legal or equitable right vested in the extent permitted Trustee by this Indenture or by law. Remedies Cumulative and Continuing; Delay or Omission Not a Waiver. Except as otherwise provided in Section 2.6, all powers and remedies given by this Article Five V to the Trustee or to the Holders of Securities of any particular series shall Securityholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders holders of the SecuritiesDebentures, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this IndentureIndenture or otherwise established with respect to the Debentures, and no delay or omission of the Trustee or of any Holder holder of any Securities of any particular series the Debentures to exercise any right right, remedy or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right right, remedy or power, or shall be construed to be a waiver of any such default or any an acquiescence therein, ; and, subject to the provisions of Section 5045.4, every power and remedy given by this Article Five V or by law to the Trustee or to the Holders of such Securities Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee (in accordance with its duties under Section 6.1) or by the Holders of such SecuritiesSecurityholders.