Common use of Remedies Cumulative and Continuing Clause in Contracts

Remedies Cumulative and Continuing. 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, the 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, and no delay or omission of the Trustee, any 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.

Remedies Cumulative and Continuing. Delay or Omission Not a Waiver. Except as otherwise provided in the last paragraph of Section 2.08 with respect to the replacement or payment of mutilated, lost or stolen Securities2.6, 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, Trustee or the Holders holders of the Securities or any registered holder of any Preferred SecuritiesDebentures, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this IndentureIndenture or otherwise established with respect to the Debentures, and no delay or omission of the Trustee, Trustee or of any Holder holder of any of the Securities or any registered holder of any Preferred 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.

Remedies Cumulative and Continuing. 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, Trustee or 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 IndentureIndenture or otherwise established with respect to such series, and no delay or omission of the Trustee, Trustee or of 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.

Remedies Cumulative and Continuing. Except as otherwise provided in the last penultimate paragraph of Section 2.08 with respect to of the replacement or payment of mutilatedBase Indenture, lost or stolen Securitiesas amended by this Supplemental Indenture, 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, Trustee or the Holders of the Securities or any registered holder of any Preferred SecuritiesNotes, 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, Trustee or of any Holder of any of the Securities or any registered holder of any Preferred 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 Default or an Event of Default or any acquiescence therein; and, subject to the provisions of Section 5.045.07, 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.

Remedies Cumulative and Continuing. Except as otherwise provided in the last paragraph of Section 2.08 with respect to the replacement or payment of mutilated, destroyed, lost or stolen SecuritiesBonds in the last paragraph of Section 2.06, 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, Trustee or the Holders of the Securities or any registered holder of any Preferred SecuritiesBonds, 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, Trustee or of any Holder of any of the Securities or any registered holder of any Preferred Securities Bonds 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 Event of Default or any acquiescence therein; and, subject to the provisions of Section 5.046.05, 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.

Remedies Cumulative and Continuing. Except as otherwise provided in To the last paragraph of Section 2.08 with respect to the replacement or payment of mutilated, lost or stolen Securitiesextent permitted by law, all powers and remedies given by this Article V Five to the Trustee or to the Securityholders shall, to the extent permitted by law, Holders of Securities of any particular series shall be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee, Trustee or the Holders of the Securities or any registered holder of any Preferred such Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this IndentureIndenture or in the Securities of such series or related Guarantees, and no delay or omission of the Trustee, Trustee or of any Holder of any of the Securities or any registered holder of any Preferred Securities particular series to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or an any acquiescence therein; , and, subject to the provisions of Section 5.04504, every power and remedy given by this Article V Five or by law to the Trustee or to the Securityholders Holders of such Securities may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersHolders of such Securities.

Remedies Cumulative and Continuing. Except as otherwise provided in the last paragraph of Section 2.08 2.8 with respect to the replacement or payment of mutilated, lost or stolen Securities, all powers and remedies given by this Article V Five to the Debt 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, Debt Trustee or 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 IndentureIndenture or otherwise established with respect to such series, and no delay or omission of the Trustee, Debt Trustee or of 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 5.045.4, every power and remedy given by this Article V Five or by law to the Debt Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Debt Trustee or by the Securityholders.

Remedies Cumulative and Continuing. 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 All powers and remedies given by this Article V Six to the Trustee or to the Securityholders holders of the Securities of any series or Coupons appertaining to such Securities 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, Trustee or the Holders holders of the such Securities or any registered holder of any Preferred SecuritiesCoupons, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Subordinated Debt Indenture, and no delay or omission of the Trustee, any Holder Trustee or of any of the Securities or any registered holder of any Preferred such Securities or Coupons 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 holders of the Securities of any series or Coupons appertaining to such Securities may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholdersholders of such Securities or Coupons.

Remedies Cumulative and Continuing. Except as otherwise provided in the last paragraph of Section 2.08 2.8 with respect to the replacement or payment of mutilated, lost or stolen SecuritiesSenior Notes, 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 other powers and remedies available to the Trustee, Trustee or the Holders of the Securities or any registered holder of any Preferred SecuritiesSenior Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this IndentureIndenture or otherwise established with respect to such Senior Notes, and no delay or omission of the Trustee, Trustee or of any Holder of any of the Securities or any registered holder of any Preferred Securities Senior Notes 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 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.

Remedies Cumulative and Continuing. Delay or Omission Not a Waiver. Except as otherwise provided in the last paragraph of Section 2.08 with respect to the replacement or payment of mutilated, lost or stolen Securities2.6, 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, Trustee or the Holders holders of the Securities or any registered holder of any Preferred SecuritiesDebentures, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this IndentureIndenture or otherwise established with respect to the Debentures, and no delay or omission of the Trustee, Trustee or of any Holder holder of any of the Securities or any registered holder of any Preferred 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 Default or an acquiescence therein; and, subject to the provisions of Section 5.045.6, 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.

Remedies Cumulative and Continuing. Except as otherwise provided in the last paragraph of Section 2.08 with respect to the replacement 2.06 [Mutilated, Destroyed, Lost or payment of mutilated, lost or stolen SecuritiesStolen Notes], all powers and remedies given by this Article V 6 [Defaults and Remedies] 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, Trustee or the Holders of the Securities or any registered holder of any Preferred SecuritiesNotes, 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, Trustee or of any Holder of any of the Securities or any registered holder of any Preferred 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 Default or an Event of Default or any acquiescence therein; and, subject to the provisions of Section 5.046.06 [Proceedings by Holders], every power and remedy given by this Article V 6 [Defaults and Remedies] 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. Section 6.09.

Remedies Cumulative and Continuing. Except as otherwise provided herein and in the last paragraph of Section 2.08 with respect to the replacement or payment of mutilated, lost or stolen SecuritiesConvertible Bonds, all powers and remedies given by this Article V hereunder to the Trustee Trustees or to the Securityholders Bondholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee, Trustees or the Holders of the Securities or any registered holder of any Preferred SecuritiesConvertible Bonds, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee, Trustees or of any Holder of any of the Securities or any registered holder of any Preferred Securities Convertible Bonds 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 5.045.08, every power and remedy given by this Article V Indenture or by law to the Indenture Trustee or to the Securityholders Co-Trustee or to the Bondholders may be exercised from time to time, and as often as shall be deemed expedient, by the Indenture Trustee, the Co-Trustee or by the SecurityholdersBondholders.

Remedies Cumulative and Continuing. 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, Trustee or the 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, and no delay or omission of the Trustee, Trustee or any 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.

Remedies Cumulative and Continuing. Except as otherwise provided in the last paragraph of Section 2.08 with respect to the replacement or payment of mutilated, lost or stolen SecuritiesSurplus Notes, 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, Trustee or the Holders of the Securities or any registered holder of any Preferred Securities, Surplus Notes by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee, Trustee or any Holder of any of the Securities or any registered holder of any Preferred Securities Surplus Notes 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.

Remedies Cumulative and Continuing. 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 All powers and ---------------------------------- remedies given by this Article V Six to the Trustee or to the Securityholders holders of the Securities of any series or Coupons appertaining to such Securities 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, Trustee or the Holders holders of the such Securities or any registered holder of any Preferred SecuritiesCoupons, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Third Amended and Restated Indenture, and no delay or omission of the Trustee, any Holder Trustee or of any of the Securities or any registered holder of any Preferred such Securities or Coupons 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 holders of the Securities of any series or Coupons appertaining to such Securities may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholdersholders of such Securities or Coupons.

Remedies Cumulative and Continuing. Except as otherwise provided in the last paragraph of Section 2.08 2.10 with respect to the replacement or payment of mutilated, lost or stolen Securities, all powers and remedies given by this Article V to the Debenture 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, Debenture Trustee or 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 IndentureIndenture or otherwise established with respect to the Securities, and no delay or omission of the Trustee, any Holder Debenture Trustee or of any holder 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 5.045.4, every power and remedy given by this Article V or by law to the Debenture Trustee or to the Securityholders or to the holders of the Preferred Securities may be exercised from time to time, and as often as shall be deemed expedient, by the Debenture Trustee or by the Securityholders.

Remedies Cumulative and Continuing. 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 All powers and remedies given by this Article V Five to the Trustee or to the Securityholders Holders of Debentures of any series or to the Holders of any Coupons appertaining thereto 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, Trustee or the Holders of the Securities Debentures of such series or any registered holder to the Holders of any Preferred Securitiessuch Coupons, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee, Trustee or of any Holder of any of the Securities Debentures of a series or any registered holder of any Preferred Securities Holder of any such Coupons 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 5.04504, every power and remedy given by this Article V Five or by law to the Trustee or to the Securityholders such Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholderssuch Holders.