Common use of Remedies Cumulative and Continuing Clause in Contracts

Remedies Cumulative and Continuing. All powers and remedies given by this Article X to the Trustee or to the Holders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder to exercise any right or power accruing upon any 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 10.4, every power and remedy given by this Article X or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders, respectively.

Appears in 8 contracts

Samples: Indenture (Aar Corp), Indenture (Aar Corp), Indenture (PSS World Medical Inc)

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Remedies Cumulative and Continuing. All powers and remedies given by this Article X Seven to the Trustee or to the Holders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder to exercise any right or power accruing upon any Default default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such Default default or an acquiescence therein; and, subject to the provisions of Section 10.47.04, every power and remedy given by this Article X Seven or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders, respectively.

Appears in 7 contracts

Samples: Indenture (Hennessy Advisors Inc), Indenture (Perma-Pipe International Holdings, Inc.), Indenture (Perma-Pipe International Holdings, Inc.)

Remedies Cumulative and Continuing. All powers and remedies given by this Article X Seven to the Trustee or to the Holders of Securities or coupons shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the such Holders, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder to exercise any right or power accruing upon any Default default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such Default default or an acquiescence therein; and, subject to the provisions of Section 10.47.04, every power and remedy given by this Article X Seven or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders, respectively.

Appears in 7 contracts

Samples: Indenture (Lyondell Petrochemical Co), Indenture (Atlantic Richfield Co /De), Indenture (Betzdearborn Inc)

Remedies Cumulative and Continuing. All powers and remedies given by this Article X Five to the Trustee or to the Holders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder to exercise any right or power accruing upon any Default default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such Default default or an acquiescence therein; and, subject to the provisions of Section 10.45.06, every power and remedy given by this Article X 5 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders, respectively.

Appears in 5 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 X VI to the Trustee or to the Holders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this the Indenture, and no delay or omission of the Trustee or of any Holder to exercise any right or power accruing upon any Default occurring and continuing as aforesaid or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or an Event of Default or any acquiescence therein; and, subject to the provisions of Section 10.46.06, every power and remedy given by this Article X VI or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders, respectively.

Appears in 3 contracts

Samples: Third Supplemental Indenture (Apollo Commercial Real Estate Finance, Inc.), First Supplemental Indenture (Renewable Energy Group, Inc.), First Supplemental Indenture (Apollo Commercial Real Estate Finance, Inc.)

Remedies Cumulative and Continuing. All powers and remedies given by this Article X Six to the Trustee or to the Holders Securityholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the HoldersSecurityholders, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder Securityholder to exercise any right or power accruing upon any Default default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such Default default or an acquiescence therein; and, subject to the provisions Provisions of Section 10.46.06, every power and remedy given by this Article X Six or by law to the Trustee or to the Holders Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders, respectivelySecurityholders.

Appears in 3 contracts

Samples: Indenture (Loewen Group International Inc), Indenture (Loewen Group International Inc), Indenture (Loewen Group International Inc)

Remedies Cumulative and Continuing. All powers and remedies given by this Article X V to the Trustee or to the Holders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder to exercise any right or power accruing upon any Default default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such Default default or an acquiescence therein; and, subject to the provisions of Section 10.45.06, every power and remedy given by this Article X V or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders, respectively.

Appears in 2 contracts

Samples: Indenture (Shea Homes Limited Partnership), Indenture (Shea Homes Limited Partnership)

Remedies Cumulative and Continuing. All powers and remedies given by this Article X to the Trustee or to the Holders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder to exercise any right or power accruing upon any Default default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such Default default or an acquiescence therein; and, subject to the provisions of Section 10.4, every power and remedy given by this Article X or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders, respectively.

Appears in 2 contracts

Samples: Indenture (Fisher Scientific International Inc), Indenture (Halliburton Co)

Remedies Cumulative and Continuing. All powers and remedies given by this Article X to the Trustee or V to the Holders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or Holders of the HoldersNotes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenturethese Conditions, and no delay or omission of the Trustee or any Holder of any Holder of the outstanding Notes and U.S. Notes to exercise any right or power accruing upon any Default occurring and continuing as aforesaid or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or an Event of Default or any acquiescence therein; and, subject to the provisions of Section 10.4, every . Every power and remedy given by this Article X V or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders, respectively.

Appears in 2 contracts

Samples: Subscription Agreement (Oatly Group AB), Subscription Agreement (Oatly Group AB)

Remedies Cumulative and Continuing. All powers and remedies given by this Article X 5 to the Senior Trustee or to the Holders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Senior Trustee or the Holders, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Senior Trustee or of any Holder to exercise any right or power accruing upon any Default default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such Default default or an acquiescence therein; and, subject to the provisions of Section 10.45.06, every power and remedy given by this Article X 5 or by law to the Senior Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Senior Trustee or by the Holders, respectively.

Appears in 2 contracts

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

Remedies Cumulative and Continuing. All powers and remedies given by this Article X VII to the Trustee or to the Holders Debenture 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 holders of the HoldersDebentures, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or any holder of any Holder of the 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 default or an any acquiescence therein; and, subject to the provisions of Section 10.47.4, every power and remedy given by this Article X VII or by law to the Trustee or to the Holders Debenture holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders, respectivelyDebenture holders.

Appears in 1 contract

Samples: Indenture (Sonicblue Inc)

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Remedies Cumulative and Continuing. All powers and remedies given by this Article X 6 to the Trustee or to the Holders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such Default default or an any acquiescence therein; , and, subject to the provisions of Section 10.46.05, every power and remedy given by this Article X 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders, respectively.

Appears in 1 contract

Samples: Indenture (Digital Realty Trust, L.P.)

Remedies Cumulative and Continuing. All powers and remedies given by this Article X V to the Trustee or to the Holders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this the Indenture, and no delay or omission of the Trustee or of any Holder to exercise any right or power accruing upon any Default default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such Default default or an acquiescence therein; and, subject to the provisions of Section 10.45.06, every power and remedy given by this Article X V or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders, respectively.

Appears in 1 contract

Samples: Indenture (Vistancia Marketing, LLC)

Remedies Cumulative and Continuing. All Except as provided in Section 6.02, all powers and remedies given by this Article X Six to the Trustee or to the Holders Debentureholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or holders of the HoldersDebentures, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this IndentureDebenture, and no delay or omission of the Trustee or any holder of any Holder of the Debentures to exercise any right or power accruing upon any Default default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such Default default or an acquiescence therein; and, subject to the provisions of Section 10.46.02, every power and remedy given by this Article X Six or by law to the Trustee or to the Holders Debentureholders may be exercised from time to time, and as often as shall be deemed expedient, by any of the Trustee or by the Holders, respectivelyDebentureholders.

Appears in 1 contract

Samples: Convertible Subordinated Debenture (Metalclad Corp)

Remedies Cumulative and Continuing. All powers and ---------------------------------- remedies given by this Article X Seven to the Trustee or to the Holders Noteholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the HoldersNoteholders, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder holder of any of the Notes to exercise any right or power accruing upon any Default default 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 10.4, and every power and remedy given by this Article X Seven or by law to the Trustee or to the Holders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders, respectivelyNoteholders.

Appears in 1 contract

Samples: Indenture (Emc Corp)

Remedies Cumulative and Continuing. All powers and remedies given by this Article X 5 to the Trustee or to the Holders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder to exercise any right or power accruing upon any Default occurring and continuing as aforesaid or Event of Default shall impair any such right or power, or shall be construed to be a waiver of any such Default or an Event of Default or any acquiescence therein; and, subject to the provisions of Section 10.4407, every power and remedy given by this Article X Five or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders, respectively.

Appears in 1 contract

Samples: Indenture (Renewable Energy Group, Inc.)

Remedies Cumulative and Continuing. All powers and remedies given by this Article X 6 to the Trustee or to the Holders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder to exercise any right or power accruing upon any Default default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such Default default or an acquiescence therein; and, subject to the provisions of Section 10.46.04, every power and remedy given by this Article X 6 or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders, respectively.

Appears in 1 contract

Samples: Indenture (Cincinnati Financial Corp)

Remedies Cumulative and Continuing. All powers and remedies given by this Article X VII to the Trustee or to the Holders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder to exercise any right or power accruing upon any Default default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such Default default or an acquiescence therein; and, subject to the provisions of Section 10.47.4, every power and remedy given by this Article X VII or by law to the Trustee or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders, respectively.

Appears in 1 contract

Samples: Indenture (Gulf Island Services, L.L.C.)

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