Remedies Cumulative and Continuing. All powers and remedies given by this Article V to the Trustee or to the Securityholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any other powers and remedies available to the Trustee or the holders of the Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the Securities, and no delay or omission of the Trustee or of any holder of any of the Securities to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or an acquiescence therein; and, subject to the provisions of Section 5.04, every power and remedy given by this Article V or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.
Appears in 45 contracts
Samples: Indenture (Continental Airlines Finance Trust Iii), Indenture (Independent Capital Trust I), Indenture (Progress Capital Trust I)
Remedies Cumulative and Continuing. All powers and remedies given by this Article V Five to the Trustee or to the 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 of the SecuritiesSecurityholders, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the SecuritiesIndenture, and no delay or omission of the Trustee or of any holder of any of the Securities Securityholder to exercise any right or power accruing upon any 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 or an acquiescence therein; and, subject to the provisions of Section 5.045.4, every power and remedy given by this Article V Five or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.
Appears in 35 contracts
Samples: Senior Indenture (Hovnanian Enterprises Inc), Hovnanian Enterprises Inc, Hovnanian Enterprises Inc
Remedies Cumulative and Continuing. All powers and remedies given by this Article V 6 to the Trustee or to the Securityholders 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 SecuritiesHolders, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the SecuritiesIndenture, and no delay or omission of the Trustee or of any holder of any of the Securities Holder 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 an any acquiescence therein; , and, subject to the provisions of Section 5.046.04, every power and remedy given by this Article V 6 or by law to the Trustee or to the Securityholders Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersHolders.
Appears in 16 contracts
Samples: Indenture (Digital Realty Trust, L.P.), Paying Agent (Digital Realty Trust, L.P.), Paying Agent (Digital Realty Trust, L.P.)
Remedies Cumulative and Continuing. All Except as provided in the last paragraph of Section 2.08, all powers and remedies given by this Article V to the Trustee or to the Securityholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any other powers and remedies available to the Trustee or the holders of the Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the Securities, and no delay or omission of the Trustee or of any holder of any of the Securities to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or an acquiescence therein; and, subject to the provisions of Section 5.04, every power and remedy given by this Article V or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.
Appears in 13 contracts
Samples: Indenture (Hubco Inc), Indenture (Allmerica Financial Corp), Indenture (Life Re Capital Trust Ii)
Remedies Cumulative and Continuing. All powers and remedies given by this Article V Five to the Trustee or to the Securityholders 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 SecuritiesHolders, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the SecuritiesIndenture, and no delay or omission of the Trustee or of any holder of any of the Securities Holder to exercise any right or power accruing upon any 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 or an acquiescence therein; and, subject to the provisions of Section 5.045.05, every power and remedy given by this Article V Five or by law to the Trustee or to the Securityholders Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersHolders.
Appears in 9 contracts
Samples: Indenture (Peabody Energy Corp), Indenture (Peabody Energy Corp), Cottonwood Land Co
Remedies Cumulative and Continuing. All Except as otherwise provided in Section 2.06, all powers and remedies given by this Article V to the Trustee or to the Securityholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any other powers and remedies available to the Trustee or the holders of the Debt Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the Debt Securities, and no delay or omission of the Trustee or of any holder of any of the Debt Securities to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or an acquiescence therein; and, subject to the provisions of Section 5.04, every power and remedy given by this Article V or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.
Appears in 7 contracts
Samples: Indenture (Tib Financial Corp.), Indenture (American Safety Insurance Group LTD), Kingsway Financial Services Inc
Remedies Cumulative and Continuing. All powers and remedies given by this Article V VII to the Trustee or to the Securityholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any powers and remedies hereof or of any other powers and remedies available to the Trustee or the holders Holders of the Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the SecuritiesIndenture, and no delay or omission of the Trustee or of any holder Holder of any of the Securities to exercise in exercising any right or power accruing upon any 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 or an acquiescence therein; and, subject to the provisions of Section 5.047.4 hereof, every power and remedy given by this Article V VII or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.
Appears in 6 contracts
Samples: Xcel Energy Inc, Indenture (Northern States Power Co /Mn/), Indenture (Northern States Power Co /Wi/)
Remedies Cumulative and Continuing. All powers and remedies given by this Article V Five to the Trustee or to the 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 of the Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the SecuritiesIndenture, and no delay or omission of the Trustee or of any holder of any of the Securities to exercise any right or power accruing upon any 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 or an acquiescence therein; and, subject to the provisions of Section 5.04, every power and remedy given by this Article V Five or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.
Appears in 6 contracts
Samples: Indenture (Masco Corp /De/), Indenture (Phillips Petroleum Co), Indenture (Phillips Petroleum Co)
Remedies Cumulative and Continuing. All powers and remedies given by this Article V Five to the Trustee or to the 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 of the SecuritiesSecurityholders, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the SecuritiesIndenture, and no delay or omission of the Trustee or of any holder of any of the Securities Securityholder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default Default or an acquiescence therein; and, subject to the provisions of Section 5.045.4, every power and remedy given by this Article V Five or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.
Appears in 4 contracts
Samples: York International Corp /De/, York International Corp /De/, York International Corp /De/
Remedies Cumulative and Continuing. All powers and remedies given by this Article V Seven to the Trustee or to the 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 of the Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the SecuritiesIndenture, and no delay or omission of the Trustee or of any holder of any of the Securities to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default Default or an acquiescence therein; and, subject to the provisions of Section 5.047.04, every power and remedy given by this Article V Seven or by law to the Trustee or to the Securityholders may be exercised from time to time, time and as often as shall may be deemed expedient, expedient by the Trustee or by the Securityholders.
Appears in 4 contracts
Samples: Indenture (Baltimore Gas & Electric Co), Baltimore Gas and Electric Company (Atlantic City Electric Co), Consolidation, Merger and Sale (Baltimore Gas & Electric Co)
Remedies Cumulative and Continuing. All Except as otherwise provided in Section 2.5, all powers and remedies given by this Article V to the Trustee or to the Securityholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any other powers and remedies available to the Trustee or the holders of the Debt Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture Securityholders Agreement or otherwise established with respect to the Debt Securities, and no delay or omission of the Trustee or of any holder of any of the Debt Securities to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or an acquiescence therein; and, subject to the provisions of Section 5.045.3, every power and remedy given by this Article V or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.
Appears in 3 contracts
Samples: Securityholders Agreement (Uwharrie Capital Corp), Securityholders Agreement (Uwharrie Capital Corp), Securityholders Agreement (Uwharrie Capital Corp)
Remedies Cumulative and Continuing. All powers and remedies given by this Article V to the Debt Trustee or to the Securityholders Holders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any other powers and remedies available to the Debt Trustee or the holders of the SecuritiesHolders, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the SecuritiesDebt Securities of any series, and no delay or omission of the Debt Trustee or of any holder of any of the Securities Holder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or an acquiescence therein; and, subject to the provisions of Section 5.04, every power and remedy given by this Article V or by law to the Debt Trustee or to the Securityholders Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Debt Trustee or by the SecurityholdersHolders.
Appears in 3 contracts
Samples: Satisfaction and Discharge (Suntrust Capital Iv), Indenture (Suntrust Banks Inc), Satisfaction And (Suntrust Capital Ii)
Remedies Cumulative and Continuing. All powers and remedies given by this Article V to the Trustee or to the Securityholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any other powers and remedies available to the Trustee or the holders of the Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the SecuritiesSecurities of any series, and no delay or omission of the Trustee or of any holder of any of the Securities to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or an acquiescence therein; and, subject to the provisions of Section 5.045.4, every power and remedy given by this Article V or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.
Appears in 3 contracts
Samples: Indenture (Sterling Bancshares Inc), Sterling Bancshares Capital Trust Ii, Sterling Bancshares Capital Trust Ii
Remedies Cumulative and Continuing. All Except as provided in Section 2.6, all powers and remedies given by this Article V VII to the Trustee or to the Securityholders 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 SecuritiesDebentures, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the SecuritiesIndenture, and no delay or omission of the Trustee or of any holder of any of the Securities 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 an any acquiescence therein; and, subject to the provisions of Section 5.04, every power and remedy given by this Article V or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.the
Appears in 2 contracts
Samples: Indenture (Xcyte Therapies Inc), And (Xcyte Therapies Inc)
Remedies Cumulative and Continuing. All powers and remedies given by this Article V to the Trustee or to the Securityholders Debentureholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any other powers and remedies available to the Trustee or the holders of the SecuritiesDebentureholders, as applicable, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the SecuritiesDebentures of a series, and no delay or omission of the Trustee or of any holder of any of the Securities Debentures of that series to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or an acquiescence therein; and, subject to the provisions of Section 5.04, every power and remedy given by this Article V or by law to the Trustee or to the Securityholders Debentureholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersDebentureholders, as applicable.
Appears in 2 contracts
Samples: Indenture (New York Community Bancorp Inc), Indenture (New York Community Bancorp Inc)
Remedies Cumulative and Continuing. All powers and remedies given by this Article V Nine to the Trustee or to the Securityholders Noteholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any powers and remedies hereof or of any other powers and remedies available to the Trustee or the holders Holders of the SecuritiesNotes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the SecuritiesIndenture, and no delay or omission of the Trustee or of any holder Holder of any of the Securities to exercise Notes in exercising any right or power accruing upon any 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 or an acquiescence therein; and, subject to the provisions of Section 5.049.4 hereof, every power and remedy given by this Article V Nine or by law to the Trustee or to the Securityholders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersNoteholders.
Appears in 2 contracts
Samples: Florida Public Utilities Co, Florida Public Utilities Co
Remedies Cumulative and Continuing. All powers and remedies given by this Article V Six to the Trustee or to the Securityholders 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 such Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the SecuritiesIndenture, and no delay or omission of the Trustee or of any holder of any of the such Securities to exercise any right or power accruing upon any 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 or an acquiescence therein; and, subject to the provisions of Section 5.046.04, every power and remedy given by this Article V Six or by law to the Trustee or to the Securityholders of any series may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersSecurityholders of such series.
Appears in 2 contracts
Samples: Indenture (Hecla Mining Co/De/), Indenture (Pico Holdings Inc /New)
Remedies Cumulative and Continuing. All Except as provided in Section 2.06, all powers and remedies given by this Article V 5 to the Trustee or to the 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 of the SecuritiesSecurityholders, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the SecuritiesIndenture, and no delay or omission of the Trustee or of any holder of any of the 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 or an any acquiescence therein; , and, subject to the provisions of Section 5.04, every power and remedy given by this Article V 5 or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.
Appears in 2 contracts
Samples: Indenture (Commscope Inc), Andrew Corp
Remedies Cumulative and Continuing. All powers and remedies given by this Article V to the Trustee or to the Securityholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any other powers and remedies available to the Trustee or the holders of the Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the Securities, and no delay or omission of the Trustee or of any holder of any of the Securities to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or an acquiescence therein; and, subject to the provisions of Section 5.045.4, every power and remedy given by this Article V or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.
Appears in 2 contracts
Samples: Indenture (Safeco Corp), Indenture (Bancfirst Corp /Ok/)
Remedies Cumulative and Continuing. All Except as provided in the last paragraph of Section 2.7, all powers and remedies given by this Article V to the Trustee or to the Securityholders shallSecurityholders, to the extent permitted by law, shall be deemed cumulative and not exclusive of any other powers and remedies available to the Trustee or the holders of the Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the Securities, and no delay or omission of the Trustee or of any holder of any of the Securities to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or an acquiescence therein; and, subject to the provisions of Section 5.045.4, every power and remedy given by this Article V or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.
Appears in 2 contracts
Samples: Indenture (New York Bancorp Capital Trust), Life Financial Capital Trust
Remedies Cumulative and Continuing. All powers and remedies given by this Article ARTICLE V to the Trustee or to the Securityholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any other powers and remedies available to the Trustee or the holders of the Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the Securities, and no delay or omission of the Trustee or of any holder of any of the Securities to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or an acquiescence therein; and, subject to the provisions of Section SECTION 5.04, every power and remedy given by this Article ARTICLE V or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.
Appears in 2 contracts
Samples: Illinois Power Co, Illinois Power Co
Remedies Cumulative and Continuing. All powers and remedies given by this Article V Seven to the Trustee or to the 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 of the Securities, by judicial proceedings or otherwise, otherwise to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the SecuritiesIndenture, and no delay or omission of the Trustee or of any holder of any of the Securities to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default Default or an acquiescence therein; and, subject to the provisions of Section 5.047.04, every power and remedy given by this Article V Seven or by law to the Trustee or to the Securityholders may be exercised from time to time, time and as often as shall be deemed expedient, expedient by the Trustee or by the Securityholders.
Appears in 2 contracts
Samples: Indenture (J P Morgan Chase & Co), J P Morgan Chase & Co
Remedies Cumulative and Continuing. All powers and remedies given by this Article V to the Trustee or to the Securityholders Noteholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any other powers and remedies available to the Trustee or the holders of the SecuritiesNotes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the SecuritiesNotes, and no delay or omission of the Trustee or of any holder of any of the Securities Notes to exercise any right or power accruing upon any Event of Default or 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 an acquiescence therein; and, subject to the provisions of Section 5.045.06, every power and remedy given by this Article V or by law to the Trustee or to the Securityholders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersNoteholders.
Appears in 2 contracts
Samples: Indenture (Flushing Financial Corp), Indenture (State Bancorp Inc)
Remedies Cumulative and Continuing. All Except as provided in the last paragraph of Section 2.6, all powers and remedies given by this Article V VII to the Trustee or to the 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 of the Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the SecuritiesIndenture, and no delay or omission of the Trustee or of any holder of any of the 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 or an any acquiescence therein; therein and, subject to the provisions of Section 5.047.4, every power and remedy given by this Article V VII or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.
Appears in 2 contracts
Samples: Securities Purchase Agreement (System Software Associates Inc), System Software (System Software Associates Inc)
Remedies Cumulative and Continuing. All powers and remedies given by this Article V Seven to the Trustee or to the Securityholders shall, to the extent permitted by law, 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 Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the SecuritiesIndenture, and no delay or omission of the Trustee or of any holder of any of the Securities to exercise any right or power accruing upon any 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 or an acquiescence therein; and, subject to the provisions of Section 5.047.04, every power and remedy given by this Article V Seven or by law to the Trustee or to the Securityholders may be exercised from time to time, time and as often as shall be deemed expedient, expedient by the Trustee or by the Securityholders.
Appears in 1 contract
Samples: Supplemental Indenture (Baltimore Gas & Electric Co)
Remedies Cumulative and Continuing. All powers and remedies given by this Article V VII to the Trustee or to the Securityholders Noteholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any powers and remedies hereof or of any other powers and remedies available to the Trustee or the holders Holders of the SecuritiesNotes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the SecuritiesIndenture, and no delay or omission of the Trustee or of any holder Holder of any of the Securities to exercise Notes in exercising any right or power accruing upon any 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 or an acquiescence therein; and, subject to the provisions of Section 5.047.7, every power and remedy given by this Article V VII or by law to the Trustee or to the Securityholders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersNoteholders.
Appears in 1 contract
Samples: Indenture (Mge Energy Inc)
Remedies Cumulative and Continuing. All Except as otherwise provided in Section 2.06, all powers and remedies given by this Article V to the Trustee or to the Securityholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any other powers and remedies available to the Trustee or the holders of the Debt Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the Debt Securities, and no delay or omission of the Trustee or of any holder of any of the Debt Securities to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or an acquiescence therein; and, subject to the provisions of Section 5.04, every power and remedy given by this Article V or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders. SECTION 5.07.
Appears in 1 contract
Remedies Cumulative and Continuing. All Except as otherwise provided herein, all powers and remedies given by this Article V to the Trustee or to the Securityholders or the Trustee shall, to the extent permitted by law, be deemed cumulative and not exclusive of any other powers and remedies available to the Trustee or the holders of the Debt Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the such Debt Securities, and no delay or omission of the Trustee or of any holder of any of the Debt Securities to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or an acquiescence therein; and, subject to the provisions of Section 5.04, and every power and remedy given by this Article V or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by and the Securityholders.
Appears in 1 contract
Remedies Cumulative and Continuing. All Except as provided in the last paragraph of Section 2.8, all powers and remedies given by this Article V to the Trustee or to the Securityholders shallSecurityholders, to the extent permitted by law, shall be deemed cumulative and not exclusive of any other powers and remedies available to the Trustee or the holders of the Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the Securities, and no delay or omission of the Trustee or of any holder of any of the Securities to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or an acquiescence therein; and, subject to the provisions of Section 5.045.4, every power and remedy given by this Article V or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.
Appears in 1 contract
Remedies Cumulative and Continuing. All powers and remedies given by this Article V Five to the Trustee or to the Securityholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any other powers and remedies available to the Trustee or the holders of the Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the Securities, and no delay or omission of the Trustee or of any holder of any of the Securities to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or an acquiescence therein; and, subject to the provisions of Section 5.04, every power and remedy given by this Article V Five or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.
Appears in 1 contract
Samples: HSBC Usa Capital Trust Vi
Remedies Cumulative and Continuing. All powers and remedies given by this Article V Seven to the Trustee or to the 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 of the Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the SecuritiesIndenture, and no delay or omission of the Trustee or of any holder of any of the Securities to exercise any right or power accruing upon any 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 or an acquiescence therein; and, subject to the provisions of Section 5.047.04, every power and remedy given by this Article V Seven or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.
Appears in 1 contract
Samples: Masco Corp /De/
Remedies Cumulative and Continuing. All powers and remedies given by this Article V to the Trustee or to the Securityholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any other powers and remedies available to the Trustee or the holders of the Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the Securities, and no delay or omission of the Trustee or of any holder of any of the Securities to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or an acquiescence therein; and, subject to the provisions of Section 5.045.5, every power and remedy given by this Article V or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.
Appears in 1 contract
Samples: Indenture (Safeco Corp)
Remedies Cumulative and Continuing. All powers and remedies given by this Article V Seven to the Trustee or to the 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 of the Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the SecuritiesIndenture, and no delay or omission of the Trustee or of any holder of any of the Securities to exercise any right or power accruing upon any 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 or an acquiescence therein; and, subject to the provisions of Section 5.047.04, every power and remedy given by this Article V Seven or by law to the Trustee or to the Securityholders may be exercised from time to time, time and as often as shall be deemed expedient, expedient by the Trustee or by the Securityholders.
Appears in 1 contract
Samples: Constellation Energy Corp
Remedies Cumulative and Continuing. All powers and remedies given by this Article V Seven to the Trustee or to the 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 of the Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the SecuritiesIndenture, and no delay or omission of the Trustee or of any holder of any of the Securities to exercise any right or power accruing upon any 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 or an acquiescence therein; and, subject to the provisions of Section 5.047.04, every power and remedy given by this Article V Seven or by law to the Trustee or to the Securityholders may be exercised from time to time, time and as often as shall may be deemed expedient, expedient by the Trustee or by the Securityholders.
Appears in 1 contract
Remedies Cumulative and Continuing. All powers and remedies given by this Article V Seven to the Trustee or to the Securityholders Security holders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any powers and remedies hereof or of any other powers and remedies available to the Trustee or the holders Holders of the Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the SecuritiesIndenture, and no delay or omission of the Trustee or of any holder Holder of any of the Securities to exercise in exercising any right or power accruing upon any 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 or an acquiescence therein; and, subject to the provisions of Section 5.047.04 hereof, every power and remedy given by this Article V Seven or by law to the Trustee or to the Securityholders Security holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersSecurity holders.
Appears in 1 contract
Samples: Oge Energy Corp
Remedies Cumulative and Continuing. All Except as otherwise expressly provided herein, all powers and remedies given by this Article V VII to the Trustee or to the Securityholders 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 SecuritiesHolders, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the SecuritiesIndenture, and no delay or omission of the Trustee or of any holder Holder of any of the Securities 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 an any acquiescence therein; therein and, subject to the provisions of Section 5.047.4, every power and remedy given by this Article V VII or by law to the Trustee or to the Securityholders Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersHolders.
Appears in 1 contract
Remedies Cumulative and Continuing. All powers and remedies given by this Article V Seven to the Trustee or to the Securityholders Debentureholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any other thereof or of any other powers and remedies available to the Trustee or the holders of the SecuritiesDebentureholders, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the SecuritiesIndenture, and no delay or omission of the Trustee or of any holder of any of the Securities Debentures to exercise any right or power accruing upon any Event of Default default occurring and continuing as aforesaid aforesaid, shall impair any such right or power, or shall be construed to be a waiver of any such default or an acquiescence therein; and, subject to the provisions of Section 5.047.04, every power and remedy given by this Article V Seven or by law to the Trustee or to the Securityholders Debentureholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersDebentureholders.
Appears in 1 contract
Samples: Indenture (Philip Services Corp)
Remedies Cumulative and Continuing. All powers and remedies given by this Article V to the Trustee or to the Securityholders Holders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any other powers and remedies available to the Trustee or the holders of the SecuritiesHolders, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the SecuritiesDebentures of any series, and no delay or omission of the Trustee or of any holder of any of the Securities Holder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or an acquiescence therein; and, subject to the provisions of Section 5.04, every power and remedy given by this Article V or by law to the Trustee or to the Securityholders Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersHolders.
Appears in 1 contract
Samples: Fw Preferred Capital Trust I
Remedies Cumulative and Continuing. All powers and remedies given by this Article V Eight to the Trustee or to the Securityholders Noteholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any powers and remedies hereof or of any other powers and remedies available to the Trustee or the holders Holders of the SecuritiesNotes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the SecuritiesIndenture, and no delay or omission of the Trustee or of any holder Holder of any of the Securities to exercise Notes in exercising any right or power accruing upon any 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 or an acquiescence therein; and, subject to the provisions of Section 5.048.4 hereof, every power and remedy given by this Article V Eight or by law to the Trustee or to the Securityholders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersNoteholders.
Appears in 1 contract
Samples: South Jersey Gas Co/New
Remedies Cumulative and Continuing. All powers and remedies given by this Article V Five to the Trustee or to the Securityholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any other powers and remedies available to the Trustee or the holders of the Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the Securities, and no delay or omission of the Trustee or of any holder of any of the Securities to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or an acquiescence therein; , and, subject to the provisions of Section 5.04, every power and remedy given by this Article V Five or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.
Appears in 1 contract
Remedies Cumulative and Continuing. All powers and remedies given by this Article V Six to the Trustee or to the Securityholders 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 SecuritiesSecurities of such series, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the SecuritiesFirst Amended and Restated Indenture, and no delay or omission of the Trustee or of any holder of any of the such Securities to exercise any right or power accruing upon any 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 or an acquiescence therein; and, subject to the provisions of Section 5.046.04, every power and remedy given by this Article V Six or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.
Appears in 1 contract
Remedies Cumulative and Continuing. All powers and remedies given by this Article V IV to the Trustee or to the Securityholders Noteholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the holders Holders of the SecuritiesNotes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to the SecuritiesFirst Supplemental Indenture, and no delay or omission of the Trustee or of any holder Holder of any of the Securities 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 an any acquiescence therein; , and, subject to the provisions of Section 5.044.05, every power and remedy given by this Article V IV or by law to the Trustee or to the Securityholders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersNoteholders.
Appears in 1 contract
Samples: First Supplemental Indenture (Winthrop Realty Trust)