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 510 contracts
Samples: Indenture (Ziff Davis, Inc.), Indenture (Repay Holdings Corp), Indenture (AMC Networks 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 62 contracts
Samples: Designated Board Observer Agreement (Complete Solaria, Inc.), Granite Construction Incorporated and Wilmington Trust (Granite Construction Inc), Indenture (Pinnacle West 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 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 (Infinera 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 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.), First Supplemental Indenture (Invacare 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. 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: 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 2.062.6, 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 17 contracts
Samples: Indenture (Sepracor Inc /De/), Electroglas Inc, Indenture (General Electric Co)
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 15 contracts
Samples: Indenture (Healthcare Trust of America Holdings, LP), Indenture (Healthcare Trust of America Holdings, LP), Indenture (Innovative Industrial Properties 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 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 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 14 contracts
Samples: Indenture (Aon Global Holdings PLC), Indenture (Aon PLC), Indenture (Aon PLC)
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 (Haven Bancorp Inc), Indenture (Westbank Capital Trust I), Indenture (Hamilton Capital Trust I)
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 (O Reilly Automotive 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 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 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 10 contracts
Samples: Indenture (Sunnova Energy International Inc.), Indenture (Sunnova Energy International Inc.), Indenture (Tilray, Inc.)
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: Supplemental Indenture (Rocket Pharmaceuticals, Inc.), First Supplemental Indenture (Repligen Corp), Guidewire Software (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: Notes Purchase Agreement (China Security & Surveillance Technology, Inc.), Indenture (Fushi International Inc), Satisfaction and Discharge of Indenture (China Security & Surveillance Technology, 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 8 contracts
Samples: Indenture (National Semiconductor Corp), Indenture (Telxon Corp), Indenture (Telxon 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 8 contracts
Samples: Indenture (Harmonic Inc), Indenture (INPHI Corp), Indenture (Harmonic 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 (Unifi Inc), Indenture (Citicorp)
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 8 contracts
Samples: Satisfaction and Discharge of Indenture (Healthcare Realty Holdings, L.P.), Satisfaction and Discharge of Indenture (Healthcare Realty Holdings, L.P.), 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 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: Wilson Greatbatch (Wilson Greatbatch Technologies Inc), Indenture (Commscope Inc), Indenture (Commscope Inc)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.6, 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: Lease (Getty Images Inc), Indenture (Lattice Semiconductor Corp), International Rectifier 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 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 (Netbank Inc), Indenture (Netbank Inc), Indenture (Computer Network Technology 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 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 (Penson Worldwide Inc), Indenture (Affiliated Managers Group Inc), Synnex 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 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 (Live Nation Entertainment, Inc.), Indenture (Allegheny Technologies Inc), Burlington Stores (Burlington Stores, 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 6.066.05, 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.), Subscription Agreement (M3-Brigade Acquisition III Corp.), Business Combination Agreement (M3-Brigade Acquisition III 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 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 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 (Mercantile Capital Trust I), Indenture (National Commerce Capital Trust I), Indenture (Leucadia Capital Trust I)
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: Indenture (Healthcare Realty Holdings, L.P.), Indenture (Healthcare Trust of America Holdings, LP), Healthcare Realty Holdings, L.P.
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 (Mid-America Apartments, L.P.), Indenture (Mid-America Apartments, L.P.), 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 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 (Pinduoduo Inc.), Redfin Corporation And (Redfin 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 (Kite Realty Group Trust), Welltower OP LLC, Federal Realty OP LP
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: Registration Rights Agreement (Walter Industries Inc /New/), Indenture (Ryerson Tull Inc /De/), Indenture (LTX 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.), Purchase Agreement (Quotient LTD), Indenture (Clovis Oncology, 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 6 contracts
Samples: Cousins Properties LP, Americold Realty Operating Partnership, L.P., Indenture (Columbia Property Trust Operating Partnership, L.P.)
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 (Salix Pharmaceuticals 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 6.066.06 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 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 (On Semiconductor Corp), Indenture (On Semiconductor Corp), Indenture (Headwaters 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.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 2.062.07, 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 (Qihoo 360 Technology Co LTD), Indenture (Qihoo 360 Technology Co LTD)
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 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), Mentor Graphics Corp
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), Indenture (TimkenSteel Corp), First Supplemental Indenture (Horizon Global Corp)
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: Penn Treaty American (Penn Treaty American Corp), Indenture (Penn Treaty American Corp), Penn Treaty American 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: NanoString Technologies Inc, NanoString Technologies Inc, Invitae 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 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: Registration Rights Agreement (Alliant Techsystems Inc), Registration Rights Agreement (Alliant Techsystems Inc), Indenture (Dress Barn Inc)
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 (Sothebys)
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: Supplemental Indenture (Horizon Lines, Inc.), Supplemental 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 2.062.09 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.), Security Agreement (Intercept Pharmaceuticals, Inc.), Security Agreement (Intercept Pharmaceuticals, 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 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 3 contracts
Samples: Viropharma Inc, At Home Corp, Riverstone Networks 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 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: Indenture (Resource Capital Corp.), Indenture (Resource Capital Corp.), Indenture (Resource Capital 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 3 contracts
Samples: Second Supplemental Indenture (Trinity Capital Inc.), First Supplemental Indenture (GSV Capital Corp.), Indenture (GSV Capital 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 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 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 3 contracts
Samples: Indenture (Lifepoint Hospitals, Inc.), Encore Capital Group Inc, 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 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 2.06, 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 3 contracts
Samples: IMH Financial Corp, 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 6.06, 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 6.09.
Appears in 3 contracts
Samples: Pacific Biosciences of California, Inc., PPL Corp, Neogenomics 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), E Trade Group Inc, E Trade Group Inc
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 2.062.07, all powers and remedies given by this Article 6 V 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 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 6.065.04, every power and remedy given by this Article 6 V 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 (Sandisk Corp), Sandisk Corp, Sandisk 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 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 2.063.06, 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: Indenture (Assertio Therapeutics, Inc), Assertio Therapeutics, Inc, First Supplemental Indenture (Depomed 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), d1io3yog0oux5.cloudfront.net
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: Atlantic Coast Airlines Inc, Atlantic Coast Airlines Inc, Kellstrom Industries 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: Mentor Graphics Corp, Indenture (Wild Oats Markets Inc), Indenture (Kellwood Co)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.06, 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: Advanced Medical Optics (Advanced Medical Optics Inc), Indenture (Advanced Medical Optics Inc), Conexant Systems 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: Tower Automotive Inc, Millennium Chemicals Inc, Graftech International 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 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 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 3 contracts
Samples: Indenture (Liberty Media Corp), Indenture (Ascent Capital Group, Inc.), 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 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: Tower Semiconductor LTD, Tower Semiconductor LTD, 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: Forest City Enterprises Inc, Forest City Enterprises Inc, Forest City Enterprises 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 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 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 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 2 contracts
Samples: Indenture (Digital Realty Trust, Inc.), Indenture (Digital Realty Trust, 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: 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 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 Holders.Noteholders. Exhibit T3C-1
Appears in 2 contracts
Samples: 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 Representative 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 IndentureAgreement, and no delay or omission of the Trustee Representative 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, and every power and remedy given by this Article 6 or by law to the Trustee Representative or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee Representative or by the Holders.
Appears in 2 contracts
Samples: Note Issuance Agreement (Appgate, Inc.), Supplemental Agreement (Northern Star Investment Corp. 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 HolderstheSection 6.09ionion.
Appears in 2 contracts
Samples: Avid Technology, Inc., 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 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: Intercreditor Agreement (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 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: Kulicke and Soffa (Kulicke & Soffa Industries Inc), Kulicke and Soffa (Kulicke & Soffa Industries 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
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
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 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 continuation 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 2 contracts
Samples: Indenture (Teladoc, Inc.), Indenture (Teladoc, 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 Debt Securities of any series 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 Notessuch Debt Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder of any of the Notes such Debt Securities 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, 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 Debt Securities of any series may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the HoldersHolders of Debt Securities of such series. SECTION 6.07.
Appears in 2 contracts
Samples: McDonalds Corp, McDonalds 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 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.), Canadian Solar 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 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: 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 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: Insmed Incorporated (INSMED Inc), Insmed Incorporated (INSMED 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.
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 2.062.05, 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 2.06, 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 6.068.04 hereof, 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 2 contracts
Samples: Indenture (Puget Sound Energy Inc), Puget Sound 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 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
Samples: webfiles.thecse.com, sedar-filings-backup.thecse.com
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: First Supplemental Indenture (GT Advanced Technologies Inc.), GT Advanced Technologies 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 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 6.067.05, every power and remedy given by this Article 6 7 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 (Sina Corp), Indenture (WEIBO Corp)
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 2.066.06 (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), 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 Trustees 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 Trustees 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 Trustees 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 Trustees or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee Trustees or by the Holders.
Appears in 2 contracts
Samples: Canopy Growth Corp, Canopy Growth 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 other power or of any other powers and remedies remedy given hereunder or otherwise 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 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 6.065.04, 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 2 contracts
Samples: Cadence Design Systems Inc, Cadence Design Systems 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 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: Forest City Enterprises Inc, Forest City Enterprises Inc
