Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.06, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 549 contracts
Samples: Indenture (Affirm Holdings, Inc.), Indenture (MACOM Technology Solutions Holdings, Inc.), Indenture (Esperion Therapeutics, Inc.)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section Section 2.06, all powers and remedies given by this Article Article 6 to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section Section 6.06, every power and remedy given by this Article Article 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 64 contracts
Samples: Indenture (Indie Semiconductor, Inc.), Indenture (Omnicell, Inc.), Exchange Agreement (Complete Solaria, Inc.)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 VI to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.06, every power and remedy given by this Article 6 VI or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 23 contracts
Samples: Indenture (Solaredge Technologies, Inc.), Indenture (iQIYI, Inc.), Indenture (Encore Capital Group Inc)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.06, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders. The Trustee may maintain a proceeding even if it does not possess any Notes or does not produce any Notes in the proceeding.
Appears in 19 contracts
Samples: First Supplemental Indenture and Amendment to Security and Pledge Agreement (UpHealth, Inc.), Indenture (Cerence Inc.), Indenture (UpHealth, Inc.)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon during the continuance of any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.06, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 19 contracts
Samples: Indenture (Veeco Instruments Inc), Indenture (Wayfair Inc.), Indenture (INVACARE HOLDINGS Corp)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all All powers and remedies given by this Article 6 Six to the Trustee or to the Holders of Securities shall, to the extent permitted by law, be deemed cumulative and not exclusive exclusive, of any thereof or of any other powers and remedies available to the Trustee or the Holders of the NotesSecurities, 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 of the Notes Securities to exercise any right or power accruing upon any Default or Event of Default with respect to such Securities occurring and continuing as aforesaid shall impair any such right or power, power or shall be construed to be a waiver of any such Default default or Event of Default or any an acquiescence therein; and, subject to the provisions of Section 6.066.04, every power and remedy given by this Article 6 Six or by law to the Trustee or to the Holders of Securities may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersHolders of Securities, as the case may be.
Appears in 18 contracts
Samples: Indenture (Accenture PLC), Indenture (Accenture Global Capital DAC), Indenture (Accenture Global Capital DAC)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.6, all powers and remedies given by this Article 6 VII to the Trustee or to the Holders 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 Notes, 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 holder of any of 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 or Event of Default default or any acquiescence therein; and, subject to the provisions of Section 6.067.4, every power and remedy given by this Article 6 VII or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersNoteholders.
Appears in 18 contracts
Samples: Indenture (Electroglas Inc), Indenture (Sepracor Inc /De/), Indenture (Financial Federal Corp)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all All powers and remedies given by this Article 6 to the Trustee or to the Holders 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 of the Notes, 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 of 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 Event of Default or any acquiescence therein; , and, subject to the provisions of Section 6.066.04 hereof, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersNoteholders.
Appears in 16 contracts
Samples: Indenture (Healthcare Trust of America Holdings, LP), Indenture (Healthcare Trust of America Holdings, LP), Indenture (AFC Gamma, Inc.)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all All powers and remedies given by this Article 6 V to the Debenture Trustee or to the Holders 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 Debenture Trustee or the Holders holders of the NotesSecurities, 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 Securities, and no delay or omission of the Debenture Trustee or of any Holder holder of any of the Notes Securities 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 default or Event of Default or any an acquiescence therein; and, subject to the provisions of Section 6.065.04, every power and remedy given by this Article 6 V or by law to the Debenture Trustee or to the Holders Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Debenture Trustee or by the HoldersSecurityholders.
Appears in 14 contracts
Samples: Indenture (Westbank Capital Trust I), Indenture (Telebanc Capital Trust I), Indenture (BFD Preferred Capital Trust Ii)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all All powers and remedies given by this Article 6 to the Trustee or to the Holders 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 of the Notes, 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 of 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 Event of Default or any acquiescence therein; , and, subject to the provisions of Section 6.066.04, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersNoteholders.
Appears in 14 contracts
Samples: Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all All powers and remedies given by this Article 6 to the Trustee or to the Holders 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 of the Notes, 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 of 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 or Event of Default default or any acquiescence therein; , and, subject to the provisions of Section 6.066.04, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersNoteholders.
Appears in 13 contracts
Samples: Indenture (Empire State Realty OP, L.P.), Indenture (American Residential Properties, Inc.), Indenture (BioMed Realty Trust Inc)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 to the Trustee or to the Holders 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 Notes, 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 holder of any of 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 or Event of Default default or any acquiescence therein; , and, subject to the provisions of Section 6.066.04, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersNoteholders.
Appears in 13 contracts
Samples: Indenture (Nii Holdings Inc), Indenture (Nii Holdings Inc), Indenture (Nii Holdings Inc)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 to the Trustee or to the Holders 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 NotesHolders, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.06, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 12 contracts
Samples: Indenture (Datadog, Inc.), Indenture (Silvercorp Metals Inc), Indenture (Sunnova Energy International Inc.)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all All powers and remedies given by this Article 6 to the Trustee or to the Holders 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 of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Supplemental Indenture, and no delay or omission of the Trustee or of any Holder of any of 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 Event of Default or any acquiescence therein; , and, subject to the provisions of Section 6.066.04 hereof, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersNoteholders.
Appears in 11 contracts
Samples: Supplemental Indenture, Supplemental Indenture, Supplemental Indenture
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.07 of the Base Indenture, all powers and remedies given by this Article 6 to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.066.07, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 10 contracts
Samples: Second Supplemental Indenture (Rocket Pharmaceuticals, Inc.), First Supplemental Indenture (Repligen Corp), First Supplemental Indenture (Guidewire Software, Inc.)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 to the Trustee or to the Holders 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 Notes, 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 holder of any of 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 Event of Default default or any acquiescence therein; , and, subject to the provisions of Section 6.066.04, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersNoteholders.
Appears in 9 contracts
Samples: Indenture (Fushi International Inc), Indenture (China Security & Surveillance Technology, Inc.), Notes Purchase Agreement (China Security & Surveillance Technology, Inc.)
Remedies Cumulative and Continuing. Except as otherwise provided in the last paragraph of Section 2.062.08, all powers and remedies given by this Article 6 Five to the Trustee or to the Holders 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 NotesSecurities, 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 such series, and no delay or omission of the Trustee or of any Holder holder of any of the Notes Securities 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 default or Event of Default or any an acquiescence therein; and, subject to the provisions of Section 6.065.04, every power and remedy given by this Article 6 Five or by law to the Trustee or to the Holders Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersSecurityholders.
Appears in 8 contracts
Samples: Indenture (Countrywide Financial Corp), Indenture (Citicorp), Indenture (Countrywide Capital Ii)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.06, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 8 contracts
Samples: Indenture (Radius Global Infrastructure, Inc.), Indenture (Harmonic Inc), Indenture (INPHI Corp)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.6, all powers and remedies given by this Article 6 VII to the Trustee or to the Holders 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 Notes, 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 holder of any of 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 or Event of Default default or any acquiescence therein; and, subject to the provisions of Section 6.067.4, every power and remedy given by this Article 6 VII or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersNoteholders.
Appears in 8 contracts
Samples: Indenture (International Shipholding Corp), Indenture (Iomega Corp), Indenture (Amazon Com Inc)
Remedies Cumulative and Continuing. Except as otherwise provided in the last paragraph of Section 2.062.08, all powers and remedies given by this Article 6 V to the Trustee or to the Holders 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 NotesDebt Securities, 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 such series, and no delay or omission of the Trustee or of any Holder holder of any of the Notes Debt Securities 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 default or Event of Default or any an acquiescence therein; and, subject to the provisions of Section 6.065.04, every power and remedy given by this Article 6 V or by law to the Trustee or to the Holders Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersSecurityholders.
Appears in 7 contracts
Samples: Indenture (National Commerce Capital Trust I), Indenture (Mercantile Capital Trust I), Indenture (Mercantile Bancorporation Inc)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all All powers and remedies given by this Article 6 Six to the Trustee or to the Holders of Securities or Coupons 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 NotesSecurities or Coupons, 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 of the Notes Securities or Coupons to exercise any right or power accruing upon any Default or Event of Default default occurring and continuing as aforesaid shall impair any such right or power, power or shall be construed to be a waiver of any such Default default or Event of Default or any an acquiescence therein; and, subject to the provisions of Section 6.066.04, every power and remedy given by this Article 6 Six 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 HoldersHolders of Securities or Coupons, as the case may be.
Appears in 7 contracts
Samples: Subordinated Indenture (Residential Capital Corp), Indenture (Visteon Corp), Indenture (Visteon Corp)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 8 to the Trustee or to the Holders Debentureholders 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 NotesDebentures, 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 holder of any of the Notes Debentures 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 or Event of Default default or any acquiescence therein; , and, subject to the provisions of Section 6.068.04, every power and remedy given by this Article 6 8 or by law to the Trustee or to the Holders Debentureholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersDebentureholders.
Appears in 7 contracts
Samples: Indenture (Wilson Greatbatch Technologies Inc), Indenture (Commscope Inc), Indenture (Commscope Inc)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.07, all powers and remedies given by this Article 6 7 to the Trustee or to the Holders 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 Notes, 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 holder of any of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.067.04, every power and remedy given by this Article 6 7 or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersNoteholders.
Appears in 7 contracts
Samples: Indenture (Affiliated Managers Group Inc), Indenture (MF Global Ltd.), Indenture (Alaska Communications Systems Group Inc)
Remedies Cumulative and Continuing. Except as provided in To the last paragraph of Section 2.06extent permitted by law, all powers and remedies given by this Article 6 5 to the Trustee or to the Holders shall, to the extent permitted by law, 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 NotesSecurities, 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 the Notes any particular series 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 or Event of Default default or any acquiescence therein; , and, subject to the provisions of Section 6.06504, every power and remedy given by this Article 6 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 HoldersHolders of such Securities.
Appears in 7 contracts
Samples: Indenture (Nova Cold Logistics ULC), Indenture (Cousins Properties LP), Indenture (Americold Realty Operating Partnership, L.P.)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.07, all powers and remedies given by this Article 6 to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.06, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders. The Trustee may maintain a proceeding even if it does not possess any Notes or does not produce any Notes in the proceeding.
Appears in 7 contracts
Samples: Indenture (Xerox Corp), Indenture (Burlington Stores, Inc.), Indenture (Bread Financial Holdings, Inc.)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.6, all powers and remedies given by this Article 6 VI to the Trustee or to the Holders Noteholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof such powers and remedies or of any other powers and remedies available to the Trustee or the Holders holders of the Notes, 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 holder of any of 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, power or shall be construed to be a waiver of any such Default or Event of Default default or any acquiescence therein; and, subject to the provisions of Section 6.066.4, every power and remedy given by this Article 6 VI or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersNoteholders.
Appears in 7 contracts
Samples: Indenture (Penn Treaty American Corp), Indenture (Netbank Inc), Indenture (Royal Aloha Development Co)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.6, all powers and remedies given by this Article 6 Seven to the Trustee or to the Holders 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 Notes, 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 holder of any of 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 or Event of Default default or any acquiescence therein; , and, subject to the provisions of Section 6.067.4, every power and remedy given by this Article 6 Seven or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersNoteholders.
Appears in 7 contracts
Samples: Indenture (Conexant Systems Inc), Indenture (Burr Brown Corp), Indenture (International Rectifier Corp /De/)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.066.05, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 7 contracts
Samples: Indenture (Eos Energy Enterprises, Inc.), Security Agreement (Eos Energy Enterprises, Inc.), Subscription Agreement (M3-Brigade Acquisition III Corp.)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon any continuing Default or continuing Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.06, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 6 contracts
Samples: Indenture (Welltower OP LLC), Indenture (Federal Realty OP LP), Indenture (Welltower OP LLC)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all All powers and remedies given by this Article 6 VI to the Trustee or to the Holders 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 of the Notes, 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 of 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 Event of Default or any acquiescence therein; , and, subject to the provisions of Section 6.066.04 hereof, every power and remedy given by this Article 6 VI or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersNoteholders.
Appears in 6 contracts
Samples: Indenture (Sabra Health Care REIT, Inc.), Indenture (Care Capital Properties, Inc.), Indenture (Mid-America Apartments, L.P.)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 7 to the Trustee or to the Holders 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 Notes, 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 holder of any of 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 or Event of Default default or any acquiescence therein; , and, subject to the provisions of Section 6.067.04, every power and remedy given by this Article 6 7 or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersNoteholders.
Appears in 6 contracts
Samples: Indenture (LTX Corp), Indenture (Walter Industries Inc /New/), Indenture (Ryerson Tull Inc /De/)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all All powers and remedies given by this Article 6 to the Trustee or to the Holders 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 NotesDebt Securities of such series, 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 of the Notes Debt Securities of such 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 Event of Default or any acquiescence therein; , and, subject to the provisions of Section 6.066.04 hereof, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 6 contracts
Samples: Subordinated Indenture (Healthcare Realty Holdings, L.P.), Senior Indenture (Healthcare Realty Holdings, L.P.), Senior Indenture (Healthcare Realty Holdings, L.P.)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; therein; and, subject to the provisions of Section 6.06, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 6 contracts
Samples: Indenture (Accelerate Diagnostics, Inc), Indenture (Redfin Corp), Indenture (Redfin Corp)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.07, all powers and remedies given by this Article 6 VI to the Trustee or to the Holders 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 NotesHolders, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.06, every power and remedy given by this Article 6 VI or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 6 contracts
Samples: Indenture (CompoSecure, Inc.), Indenture (Quotient LTD), Purchase Agreement (Quotient LTD)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon on any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.06, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 5 contracts
Samples: Indenture (Snap Inc), Indenture (Snap Inc), Indenture (Snap Inc)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 7 to the Trustee or to the Holders 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 Notes, 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 holder of any of 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 Event of Default default or any acquiescence therein; , and, subject to the provisions of Section 6.067.04, every power and remedy given by this Article 6 7 or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersNoteholders.
Appears in 5 contracts
Samples: Indenture (IMH Financial Corp), Indenture (IMH Financial Corp), Indenture (IMH Financial Corp)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.066.06 or as otherwise expressly provided in this Indenture, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 5 contracts
Samples: Indenture (Wright Medical Group N.V.), Indenture (Wright Medical Group N.V.), Indenture (Wright Medical Group Inc)
Remedies Cumulative and Continuing. Except as provided in the last paragraph sentence of Section 2.062.08(b) of the Base Indenture, all powers and remedies given by this Article 6 5 to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.065.07, every power and remedy given by this Article 6 5 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 5 contracts
Samples: Fifth Supplemental Indenture (Tesla, Inc.), Fourth Supplemental Indenture (Tesla, Inc.), Second Supplemental Indenture (Tesla Motors Inc)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 7 to the Trustee or to the Holders 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 Notes, 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 holder of any of 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 Event of Default default or any acquiescence therein; , and, subject to the provisions of Section 6.067.04, every power and remedy given by this Article 6 7 or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersNoteholders.
Appears in 5 contracts
Samples: Indenture (On Semiconductor Corp), Indenture (On Semiconductor Corp), Indenture (On Semiconductor Corp)
Remedies Cumulative and Continuing. Except as provided in the last second paragraph of Section 2.062.07 and Section 7.04, all powers and remedies given by this Article 6 7 to the Trustee or to the Holders 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 Notes, 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 holder of any of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.067.06, every power and remedy given by this Article 6 7 or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersNoteholders.
Appears in 5 contracts
Samples: Indenture (Salix Pharmaceuticals LTD), Indenture (Salix Pharmaceuticals LTD), Indenture (Alliance Data Systems Corp)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all All powers and remedies given by this Article 6 to the Trustee or to the Holders 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 Notes, 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 holder of any of 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 or Event of Default default or any acquiescence therein; , and, subject to the provisions of Section 6.066.04, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersNoteholders.
Appears in 5 contracts
Samples: Indenture (RAIT Financial Trust), Indenture (Ventas Inc), Indenture (KKR Financial Holdings LLC)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.07, all powers and remedies given by this Article 6 to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.06, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 5 contracts
Samples: Indenture (JinkoSolar Holding Co., Ltd.), Indenture (TAL Education Group), Indenture (Qihoo 360 Technology Co LTD)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.06, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.Section
Appears in 5 contracts
Samples: Indenture (PagerDuty, Inc.), Indenture (Pacific Biosciences of California, Inc.), Indenture (Yahoo Inc)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.05, all powers and remedies given by this Article 6 5 to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.065.07, every power and remedy given by this Article 6 5 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 4 contracts
Samples: Second Supplemental Indenture (TimkenSteel Corp), Convertible Notes Exchange Agreement (TimkenSteel Corp), First Supplemental Indenture (Horizon Global Corp)
Remedies Cumulative and Continuing. Except as provided in the last second paragraph of Section 2.062.06 and Section 6.04, all powers and remedies given by this Article 6 to the Trustee or to the Holders 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 Notes, 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 holder of any of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.06, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersNoteholders.
Appears in 4 contracts
Samples: Indenture (Sirius Xm Holdings Inc.), Indenture (Liberty Media Corp), Indenture (Ascent Capital Group, Inc.)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 7 to the Trustee or to the Holders 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 Notes, 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 holder of any of 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 or Event of Default default or any acquiescence therein; , and, subject to the provisions of Section 6.06Sections 7.06 and 7.07, every power and remedy given by this Article 6 7 or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersNoteholders.
Appears in 4 contracts
Samples: Indenture (Alliant Techsystems Inc), Indenture (Alliant Techsystems Inc), Indenture (Dress Barn Inc)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 7 to the Trustee or to the Holders 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 of the NotesHolders, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.067.04, every power and remedy given by this Article 6 7 or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersNoteholders.
Appears in 4 contracts
Samples: Indenture (Horizon Lines, Inc.), Indenture (H-L Distribution Service, LLC), Indenture (H-L Distribution Service, LLC)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.07 and Section 7.03, all powers and remedies given by this Article 6 7 to the Trustee or to the Holders 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 Notes, 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 holder of any of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.067.06, every power and remedy given by this Article 6 7 or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersNoteholders.
Appears in 4 contracts
Samples: Indenture (Teradyne, Inc), Indenture (Teradyne, Inc), Indenture (PSS World Medical Inc)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.7, all powers and remedies given by this Article 6 VI to the Trustee or to the Holders Noteholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof such powers and remedies or of any other powers and remedies available to the Trustee or the Holders holders of the Notes, 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 holder of any of 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, power or shall be construed to be a waiver of any such Default or Event of Default default or any acquiescence therein; and, subject to the provisions of Section 6.066.4, every power and remedy given by this Article 6 VI or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersNoteholders.
Appears in 4 contracts
Samples: Indenture (Penn Treaty American Corp), Indenture (Penn Treaty American Corp), Indenture (Penn Treaty American Corp)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.6, all powers and remedies given by this Article 6 7 to the Trustee or to the Holders 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 Notes, 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 holder of any of 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 or Event of Default default or any acquiescence therein; and, subject to the provisions of Section 6.067.4, every power and remedy given by this Article 6 7 or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersNoteholders.
Appears in 4 contracts
Samples: Indenture (Ibasis Inc), Indenture (Ibasis Inc), Indenture (Ibasis Inc)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 7 to the Trustee or to the Holders Debentureholders 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 NotesDebentureholders, 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 holder of any of the Notes Debentures 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 or Event of Default default or any acquiescence therein; , and, subject to the provisions of Section 6.067.04, every power and remedy given by this Article 6 7 or by law to the Trustee or to the Holders Debentureholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersDebentureholders.
Appears in 4 contracts
Samples: Indenture (Mentor Graphics Corp), Indenture (Mentor Graphics Corp), Indenture (Mentor Graphics Corp)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.07, all powers and remedies given by this Article 6 to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.06, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 4 contracts
Samples: Sixth Supplemental Indenture (Capital Southwest Corp), Second Supplemental Indenture (Trinity Capital Inc.), First Supplemental Indenture (GSV Capital Corp.)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 to the Trustee or to the Holders 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 NotesNotes provided in law or equity, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.066.05, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 4 contracts
Samples: Indenture (NanoString Technologies Inc), Indenture (NanoString Technologies Inc), Indenture (Invitae Corp)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all All powers and remedies given by this Article 6 Eight to the Trustee or to the Holders Noteholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof powers and remedies hereof or of any other powers and remedies available to the Trustee or the Holders of the Notes, 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 of the Notes to exercise in exercising any right or power accruing upon any Default or Event of Default 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 an acquiescence therein; and, subject to the provisions of Section 6.068.07, every power and remedy given by this Article 6 Eight or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersNoteholders.
Appears in 4 contracts
Samples: Indenture (Midamerican Energy Financing Ii), Indenture (Madison Gas & Electric Co), Indenture (Madison Gas & Electric Co)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.09 of the Base Indenture and Section 6.04, all powers and remedies given by this Article 6 to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.066.07, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 4 contracts
Samples: First Supplemental Indenture (Intercept Pharmaceuticals, Inc.), Exchange Agreement (Intercept Pharmaceuticals, Inc.), Exchange Agreement (Intercept Pharmaceuticals, Inc.)
Remedies Cumulative and Continuing. Except as provided in the last penultimate paragraph of Section 2.062.08 of the Base Indenture, as amended by this Supplemental Indenture, all powers and remedies given by this Article 6 5 to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.065.07, every power and remedy given by this Article 6 5 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 4 contracts
Samples: Second Supplemental Indenture (Molycorp, Inc.), Second Supplemental Indenture (Molycorp, Inc.), First Supplemental Indenture (Cobalt International Energy, Inc.)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 8 to the Trustee or to the Holders 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 Notes, 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 holder of any of 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 or Event of Default default or any acquiescence therein; , and, subject to the provisions of Section 6.068.04, every power and remedy given by this Article 6 8 or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersNoteholders.
Appears in 3 contracts
Samples: Indenture (Conexant Systems Inc), Indenture (Advanced Medical Optics Inc), Indenture (Advanced Medical Optics Inc)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 to the Trustee Trustees or to the Holders 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 Trustees or the Holders holders of the Notes, 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 Trustees or of any Holder holder of any of 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 or Event of Default default or any acquiescence therein; , and, subject to the provisions of Section 6.066.04, every power and remedy given by this Article 6 or by law to the Trustee Trustees or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee, the Co-Trustee or by the HoldersNoteholders.
Appears in 3 contracts
Samples: Indenture (Tower Semiconductor LTD), Indenture (Tower Semiconductor LTD), Indenture (Tower Semiconductor LTD)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.07, all powers and remedies given by this Article 6 5 to the Trustee or to the Holders 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 Notes, 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 holder of any of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.065.04, every power and remedy given by this Article 6 5 or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, expedient by the Trustee or by the HoldersNoteholders.
Appears in 3 contracts
Samples: Indenture (Forest City Enterprises Inc), Indenture (Forest City Enterprises Inc), Indenture (Forest City Enterprises Inc)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.08, all powers and remedies given by this Article 6 to the Trustee or to the Holders Debentureholders 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 NotesDebentures, 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 holder of any of the Notes Debentures 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 or Event of Default default or any acquiescence therein; , and, subject to the provisions of Section 6.066.04, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders Debentureholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersDebentureholders.
Appears in 3 contracts
Samples: Convertible Senior Debentures (Tower Automotive Inc), Indenture (Millennium Chemicals Inc), Indenture (Graftech International LTD)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.063.06, all powers and remedies given by this Article 6 to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.06, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 3 contracts
Samples: Third Supplemental Indenture (Assertio Therapeutics, Inc), Third Supplemental Indenture (Assertio Therapeutics, Inc), First Supplemental Indenture (Depomed Inc)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all All powers and remedies given by this Article 6 to the Trustee or to the Holders 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 NotesSecurities, 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 of the Notes Securities to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.06, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 3 contracts
Samples: Investment Agreement (ExlService Holdings, Inc.), Indenture (ExlService Holdings, Inc.), Indenture (Groupon, Inc.)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 7 to the Trustee or to the Holders Debentureholders 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 NotesDebentures, 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 holder of any of the Notes Debentures 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 or Event of Default default or any acquiescence therein; , and, subject to the provisions of Section 6.067.04, every power and remedy given by this Article 6 7 or by law to the Trustee or to the Holders Debentureholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersDebentureholders.
Appears in 3 contracts
Samples: Indenture (Mentor Graphics Corp), Indenture (Wild Oats Markets Inc), Indenture (Kellwood Co)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.05, all powers and remedies given by this Article 6 VI to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.06, every power and remedy given by this Article 6 VI or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 3 contracts
Samples: Third Supplemental Indenture (Resource Capital Corp.), Second Supplemental Indenture (Resource Capital Corp.), First Supplemental Indenture (Resource Capital Corp.)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 to the Trustee or to the Holders 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 NotesDebentures, 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 of the Notes Debentures to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.06, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 3 contracts
Samples: Indenture (Vishay Intertechnology Inc), Indenture (Vishay Intertechnology Inc), Indenture (Vishay Intertechnology Inc)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.9, all powers and remedies given by this Article 6 VII to the Trustee or to the Holders 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 NotesHolders, 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 of 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 or Event of Default default or any acquiescence therein; therein and, subject to the provisions of Section 6.067.4, every power and remedy given by this Article 6 VII or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 3 contracts
Samples: Indenture (Kellstrom Industries Inc), Indenture (Atlantic Coast Airlines Inc), Indenture (Atlantic Coast Airlines Inc)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.07, all powers and remedies given by this Article 6 7 to the Trustee or to the Holders 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 of the NotesNoteholders, 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 holder of any of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.067.04, every power and remedy given by this Article 6 7 or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersNoteholders.
Appears in 3 contracts
Samples: Indenture (Northwest Biotherapeutics Inc), Indenture (Ariad Pharmaceuticals Inc), Indenture (Alaska Communications Systems Group Inc)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.066.04, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 3 contracts
Samples: Indenture (Iterum Therapeutics PLC), Indenture (Iterum Therapeutics PLC), Indenture
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.066.05 (Proceedings by Holders), all powers and remedies given by this Article 6 VI to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.066.05 (Proceedings by Holders), every power and remedy given by this Article 6 VI or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 3 contracts
Samples: Indenture Agreement (Oatly Group AB), Indenture Agreement (Oatly Group AB), Indenture Agreement (Oatly Group AB)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 5 to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.065.08, every power and remedy given by this Article 6 5 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 3 contracts
Samples: First Supplemental Indenture (Bitdeer Technologies Group), First Supplemental Indenture (Everbridge, Inc.), First Supplemental Indenture (Senseonics Holdings, Inc.)
Remedies Cumulative and Continuing. Except as provided in the ---------------------------------- last paragraph of Section 2.062.6, all powers and remedies given by this Article 6 VII to the Trustee or to the Holders 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 Notes, 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 holder of any of 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 or Event of Default default or any acquiescence therein; and, subject to the provisions of Section 6.067.4, every power and remedy given by this Article 6 VII or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersNoteholders.
Appears in 3 contracts
Samples: Indenture (Tivo Inc), Indenture (E Trade Group Inc), Indenture (E Trade Group Inc)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.066.07, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 3 contracts
Samples: Indenture (Bitdeer Technologies Group), Indenture (LivaNova PLC), Indenture (Eagle Bulk Shipping Inc.)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.6, all powers and remedies given by this Article 6 VII to the Trustee or to the Holders 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 Notes, 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 of 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 or Event of Default default or any acquiescence therein; and, subject to the provisions of Section 6.067.4, every power and remedy given by this Article 6 VII or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersNoteholders.
Appears in 2 contracts
Samples: Indenture (RCN Corp /De/), Indenture (RCN Corp /De/)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.6, all powers and remedies given by this Article 6 VI to the Trustee or to the Holders 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 NotesDebentures, 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 holder of any of the Notes Debentures 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 Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.066.4, every power and remedy given by this Article 6 VI or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 2 contracts
Samples: Indenture (Flowers Industries Inc /Ga), Indenture (Flowers Industries Inc /Ga)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.06, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders..
Appears in 2 contracts
Samples: Indenture (21Vianet Group, Inc.), Indenture (Canadian Solar Inc.)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.05, all powers and remedies given by this Article 6 V to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.065.07, every power and remedy given by this Article 6 V or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 2 contracts
Samples: First Supplemental Indenture (Opko Health, Inc.), First Supplemental Indenture (INFINERA Corp)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.066.06 (Proceedings by Holders), all powers and remedies given by this Article 6 to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.066.06 (Proceedings by Holders), every power and remedy given by this Article 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 2 contracts
Samples: Indenture (GDS Holdings LTD), Indenture (GDS Holdings LTD)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 to the Trustee or to the Holders 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 NotesHolders, 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 of the Notes Debentures to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.066.05, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 2 contracts
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.063.6 of the Base Indenture, all powers and remedies given by this Article 6 5 to the Trustee or to the Holders 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 NotesHolders, 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 of 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 Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.065.08, every power and remedy given by this Article 6 5 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 2 contracts
Samples: Second Supplemental Indenture (GT Advanced Technologies Inc.), First Supplemental Indenture (GT Advanced Technologies Inc.)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.066.06, all powers and remedies given by this Article 6 to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.06, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 2 contracts
Samples: Indenture (GDS Holdings LTD), Indenture (China Lodging Group, LTD)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.06, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HolderstheSection 6.09ionion.
Appears in 2 contracts
Samples: Indenture (Avid Technology, Inc.), Indenture (Avid Technology, Inc.)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.07, all powers and remedies given by this Article 6 to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.066.05, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 2 contracts
Samples: Indenture (Sandridge Energy Inc), Indenture (Integra Energy, L.L.C.)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 Seven to the Trustee or to the Holders 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 Notes, 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 holder of any of 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 or Event of Default default or any acquiescence therein; , and, subject to the provisions of Section 6.067.04, every power and remedy given by this Article 6 Seven or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersNoteholders.
Appears in 2 contracts
Samples: Indenture (Kulicke & Soffa Industries Inc), Indenture (Kulicke & Soffa Industries Inc)
Remedies Cumulative and Continuing. Except as provided in Section 3.06 of the last paragraph of Base Indenture and Section 2.063.04, all powers and remedies given by this Article 6 3 to the Trustee or to the Holders 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 Notes, 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 holder of any of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.063.06, every power and remedy given by this Article 6 3 or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersNoteholders.
Appears in 2 contracts
Samples: Second Supplemental Indenture (Borgwarner Inc), Second Supplemental Indenture (Borgwarner Inc)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of this Section 2.066.06, all powers and remedies given by this Article 6 VI to the Trustee or to the Holders 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 Notes, 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 holder of any of 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 or Event of Default default or any acquiescence therein; , and, subject to the provisions of Section 6.066.04 hereof, every power and remedy given by this Article 6 VI or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersNoteholders.
Appears in 2 contracts
Samples: Indenture (Agco Corp /De), Indenture (Agco Corp /De)
Remedies Cumulative and Continuing. Except as otherwise provided in the last second paragraph of Section 2.062.08 and in Section 5.04, all powers and remedies given by this Article 6 V to the Trustee or to the Holders 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 NotesHolders, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.065.06, every power and remedy given by this Article 6 V or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 2 contracts
Samples: Indenture (Sirius Xm Holdings Inc.), Indenture (Liberty Media Corp)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.06, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 2 contracts
Samples: Indenture (Knight Capital Group, Inc.), Indenture (Avis Budget Group, Inc.)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all All powers and remedies given by this Article 6 Six to the Trustee or to the Holders of Securities or coupons 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 NotesSecurities or coupons, 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 of the Notes Securities or coupons to exercise any right or power accruing upon any Default or Event of Default default occurring and continuing as aforesaid shall impair any such right or power, power or shall be construed to be a waiver of any such Default default or Event of Default or any an acquiescence therein; and, subject to the provisions of Section 6.066.04, every power and remedy given by this Article 6 Six 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 HoldersHolders of Securities or coupons, as the case may be.
Appears in 2 contracts
Samples: Indenture (Trinova Corp), Indenture (Aon Corp)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.07, all powers and remedies given by this Article 6 5 to the Trustee or to the Holders 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 Notes, 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 holder of any of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.065.05, every power and remedy given by this Article 6 5 or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, expedient by the Trustee or by the HoldersNoteholders.
Appears in 2 contracts
Samples: Indenture (Forest City Enterprises Inc), Indenture (Forest City Enterprises Inc)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.07, all powers and remedies given by this Article 6 to the Trustee or to the Holders 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 NotesHolders, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.06, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 2 contracts
Samples: Indenture (Karyopharm Therapeutics Inc.), Indenture (Karyopharm Therapeutics Inc.)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.06, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders, respectively.
Appears in 2 contracts
Samples: Indenture (Atlas Holdings, Inc.), Indenture (Impax Laboratories Inc)
Remedies Cumulative and Continuing. Except as provided in the last second paragraph of Section 2.062.08 and Section 6.04, all powers and remedies given by this Article 6 to the Trustee or to the Holders 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 Notes, 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 holder of any of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.06, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersNoteholders.
Appears in 2 contracts
Samples: Indenture (Qiagen Nv), Indenture (Qiagen Nv)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.08, all powers and remedies given by this Article 6 to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.066.07, every power and remedy given by this Article 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 2 contracts
Samples: Second Supplemental Indenture (American Realty Capital Properties, Inc.), First Supplemental Indenture (American Realty Capital Properties, Inc.)
Remedies Cumulative and Continuing. Except as provided in the last second paragraph of Section 2.062.07 and Section 7.04, all powers and remedies given by this Article 6 7 to the Trustee or to the Holders Noteholders shall, to the extent permitted by lawlaw (including Gaming Laws), 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 Notes, 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 holder of any of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.067.06, every power and remedy given by this Article 6 7 or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersNoteholders.
Appears in 2 contracts
Samples: Indenture (MGM Resorts International), Indenture (MGM Mirage)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.6, all powers and remedies given by this Article 6 VII to the Trustee or to the Holders Debentureholders 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 NotesDebentures, 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 holder of any of the Notes Debentures 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 an acquiescence therein; and, subject to the provisions of Section 6.067.4, every power and remedy given by this Article 6 VII or by law to the Trustee or to the Holders Debentureholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersDebentureholders.
Appears in 2 contracts
Samples: Indenture (Omnicom Group Inc), Indenture (Omnicom Group Inc)
Remedies Cumulative and Continuing. Except as otherwise provided in the last paragraph of Section 2.062.08, all powers and remedies given by this Article 6 5 to the Trustee or to the Holders 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 NotesSecurities, 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 such series, and no delay or omission of the Trustee or of any Holder holder of any of the Notes Securities 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 default or Event of Default or any an acquiescence therein; and, subject to the provisions of Section 6.065.04, every power and remedy given by this Article 6 5 or by law to the Trustee or to the Holders Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersSecurityholders.
Appears in 2 contracts
Samples: Indenture (Bank of America Corp /De/), Indenture (Bank of America Corp /De/)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.09 of the Base Indenture, all powers and remedies given by this Article 6 5 to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.065.07, every power and remedy given by this Article 6 5 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 2 contracts
Samples: First Supplemental Indenture (Bottomline Technologies Inc /De/), First Supplemental Indenture (XPO Logistics, Inc.)
Remedies Cumulative and Continuing. Except as provided in the last paragraph sentence of Section 2.063.6 of the Base Indenture, all powers and remedies given by this Article 6 5 to the Trustee or to the Holders 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 Notes, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.065.07, every power and remedy given by this Article 6 5 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders.
Appears in 2 contracts
Samples: Second Supplemental Indenture (INSMED Inc), First Supplemental Indenture (INSMED Inc)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.07, all powers and remedies given by this Article 6 7 to the Trustee or to the Holders Debentureholders 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 NotesDebentures, 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 holder of any of the Notes Debentures to exercise any right or power accruing upon any Default default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default default or any acquiescence therein; and, subject to the provisions of Section 6.067.04, every power and remedy given by this Article 6 7 or by law to the Trustee or to the Holders Debentureholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersDebentureholders.
Appears in 2 contracts
Samples: Indenture (Blackrock Inc /Ny), Indenture (Lifepoint Hospitals, Inc.)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, all powers and remedies given by this Article 6 VII to the Trustee or to the Holders 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 of the NotesHolders, 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 of the Notes to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.067.04, every power and remedy given by this Article 6 VII or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersNoteholders.
Appears in 2 contracts
Samples: Indenture (Horizon Lines, Inc.), Indenture (Horizon Lines, Inc.)
