Common use of Remedies Cumulative and Continuing Clause in Contracts

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 (Bank of Boston Corp), Indenture (Puget Sound Energy Inc), Indenture (Bank of Boston Corp)

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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 36 contracts

Samples: Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc), Indenture (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.), Indenture (Digital Realty Trust, L.P.), Indenture (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 (Orion Capital Corp), Indenture (Firstar Corp /Wi/), Indenture (Allmerica Financial Corp)

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: Subordinated Indenture (Cottonwood Land Co), Indenture (Peabody Energy Corp), Subordinated Indenture (Peabody Energy Corp)

Remedies Cumulative and Continuing. All powers and remedies given by this Article V 5 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 5.045.06, every power and remedy given by this Article V 5 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 8 contracts

Samples: Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises 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.

Appears in 8 contracts

Samples: Indenture (Kingsway Financial Services Inc), Indenture (Tib Financial Corp.), Indenture (Kingsway Financial Services Inc)

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 (Phillips Petroleum Co), Indenture (Chevron Phillips Chemical Co LLC), Indenture (Phillips Petroleum Co)

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: Subordinated Indenture (Xcel Energy Inc), Indenture (Northern States Power Co /Mn/), Indenture (Northern States Power Co /Mn/)

Remedies Cumulative and Continuing. All Except as otherwise provided in the last paragraph of Section 2.08 with respect to the replacement or payment of mutilated, lost or stolen Securities, 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 Trustee, the holders Holders of the Securities or any registered holder of any Preferred 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 Trustee, any holder Holder of any of the Securities or any registered holder of any Preferred 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 6 contracts

Samples: Indenture (State National Companies, Inc.), Indenture (First Mercury Financial Corp), Indenture (First Mercury Financial Corp)

Remedies Cumulative and Continuing. All Delay or Omission Not a Waiver. Except as otherwise provided in Section 2.6, 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 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 SecuritiesDebentures, and no delay or omission of the Trustee or of any holder of any of the Securities Debentures to exercise any right right, remedy or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right right, remedy or power, or shall be construed to be a waiver of any such default or 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 (in accordance with its duties under Section 6.1) or by the Securityholders.

Appears in 5 contracts

Samples: Indenture (Firstfed Bancorp Inc), Indenture (River Valley Bancorp), Indenture (Four Oaks Fincorp Inc)

Remedies Cumulative and Continuing. All powers and remedies given by this Article V 4 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 SecuritiesSupplemental 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 4 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 4 contracts

Samples: Second Supplemental Indenture (KKR Financial Holdings LLC), First Supplemental Indenture (KKR Financial Holdings LLC), First Supplemental Indenture (Mfa Financial, 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, 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), Indenture (Atlantic City Electric Co), Indenture (Baltimore Gas & Electric 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: Senior Indenture (York International Corp /De/), Senior Indenture (York International Corp /De/), Subordinated Indenture (York International Corp /De/)

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: Indenture (Suntrust Capital Ii), Indenture (Suntrust Banks Inc), Indenture (Suntrust Capital Iv)

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 Capital Trust Ii), Indenture (Sterling Bancshares Capital Trust Ii), Indenture (Sterling Bancshares 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 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), Indenture (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 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), Indenture (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 for Subordinated Notes (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), Indenture (System Software Associates Inc)

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: Indenture (Illinois Power Co), Indenture (Illinois Power Co)

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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 (Life Financial Capital Trust), Indenture (New York Bancorp Capital Trust)

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: Indenture of Trust (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

Samples: Indenture (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 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: Indenture Agreement (Oge Energy Corp)

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: Supplemental Indenture (Winthrop Realty Trust)

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

Samples: Indenture (Imperial 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 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: Indenture (Madison Bancshares Group LTD)

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 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

Samples: Indenture (Republic Bancorp Inc /Ky/)

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

Samples: Indenture (General Electric Capital 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

Samples: Purchase Agreement (Alterra Healthcare Corp)

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 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 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 (Albank Capital Trust I)

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 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 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: Senior Subordinated Indenture (Service Corporation International)

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 Security 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 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 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: Indenture (Hf Financial 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: Junior Subordinated Indenture (Fw Preferred Capital Trust I)

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