Remedies Cumulative and Continuing. To the extent permitted by law, all powers and remedies given by this Article 6 to the Trustee or to the Noteholders shall be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder of any of the Notes to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any acquiescence therein, and, subject to the provisions of Section 6.04, every power and remedy given by this Article 6 or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 3 contracts
Samples: Indenture (Kilroy Realty, L.P.), Indenture (Kilroy Realty, L.P.), Indenture (Kilroy Realty Corp)
Remedies Cumulative and Continuing. To Except as provided in the extent permitted by lawlast paragraph of Section 2.07, all powers and remedies given by this Article 6 V to the Trustee or to the Noteholders shall shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders holders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder holder of any of the Notes to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any acquiescence therein, ; and, subject to the provisions of Section 6.045.04, every power and remedy given by this Article 6 V or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, expedient by the Trustee or by the Noteholders.
Appears in 3 contracts
Samples: Indenture (Sandisk Corp), Indenture (Sandisk Corp), Indenture (Sandisk Corp)
Remedies Cumulative and Continuing. To Except as provided in the extent permitted by lawlast paragraph of Section 2.07, all powers and remedies given by this Article 6 7 to the Trustee or to the Noteholders shall shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders holders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder holder of any of the Notes to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any acquiescence therein, ; and, subject to the provisions of Section 6.047.04, every power and remedy given by this Article 6 7 or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 3 contracts
Samples: Indenture (Lifepoint Hospitals, Inc.), Indenture (Encore Capital Group Inc), Indenture (Lifepoint Hospitals, Inc.)
Remedies Cumulative and Continuing. To the extent permitted by lawExcept as provided in Section 2.06, all powers and remedies given by this Article 6 8 to the Trustee or to the Noteholders shall shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders of the NotesNoteholders, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder of any of the Notes Noteholder 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 any acquiescence therein, and, subject to the provisions of Section 6.048.04, every power and remedy given by this Article 6 8 or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 3 contracts
Samples: Indenture (Durect Corp), Indenture (Atherogenics Inc), Indenture (Celgene Corp /De/)
Remedies Cumulative and Continuing. To the extent permitted by law, all All powers and remedies given by this Article 6 Nine to the Trustee or to the Noteholders shall shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof powers and remedies hereof or of any other powers and remedies available to the Trustee or the Holders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder of any of the Notes to exercise in exercising any right or power accruing upon any default or Event of Default 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 any an acquiescence therein, ; and, subject to the provisions of Section 6.049.4 hereof, every power and remedy given by this Article 6 Nine or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 2 contracts
Samples: Indenture of Trust (Florida Public Utilities Co), Indenture of Trust (Florida Public Utilities Co)
Remedies Cumulative and Continuing. To the extent permitted by law, all All powers and remedies given by this Article 6 Six to the Trustee or to the Noteholders shall Debentureholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders holders of the NotesDebentures, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder holder of any of the Notes Debentures to exercise any right or power accruing upon any default 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 any an acquiescence therein, ; and, subject to the provisions of Section 6.04, every power and remedy given by this Article 6 Six or by law to the Trustee or to the Noteholders Debentureholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the NoteholdersDebentureholders.
Appears in 2 contracts
Samples: Indenture (Zenith Electronics Corp), Indenture (Comcast Cable Communications Inc)
Remedies Cumulative and Continuing. To the extent permitted by law, all All powers and remedies given by this Article 6 Eight to the Trustee or to the Noteholders shall shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof powers and remedies hereof or of any other powers and remedies available to the Trustee or the Holders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder of any of the Notes to exercise in exercising any right or power accruing upon any default or Event of Default 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 any an acquiescence therein, ; and, subject to the provisions of Section 6.048.04 hereof, every power and remedy given by this Article 6 Eight or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 2 contracts
Samples: Indenture (Puget Sound Energy Inc), Indenture (Puget Sound Energy Inc)
Remedies Cumulative and Continuing. To Except as provided in the extent permitted by lawlast paragraph of Section 2.07, all powers and remedies given by this Article 6 5 to the Trustee or to the Noteholders shall shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof other power or of any other powers and remedies remedy given hereunder or otherwise available to the Trustee or the Holders holders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder holder of any of the Notes to exercise any right or power accruing upon any default 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 any acquiescence therein, ; and, subject to the provisions of Section 6.045.04, every power and remedy given by this Article 6 5 or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, expedient by the Trustee or by the Noteholders.
Appears in 2 contracts
Samples: Indenture (Cadence Design Systems Inc), Indenture (Cadence Design Systems Inc)
Remedies Cumulative and Continuing. To the extent permitted by law, all All powers and remedies given by this Article 6 7 to the Trustee or to the Noteholders shall shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder of any of the Notes to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any acquiescence therein, and, subject to the provisions of Section 6.047.04, every power and remedy given by this Article 6 7 or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 2 contracts
Samples: Indenture (Gramercy Property Trust Inc.), Indenture (SL Green Operating Partnership, L.P.)
Remedies Cumulative and Continuing. To the extent permitted by law, all All powers and remedies given by this Article 6 Six to the Trustee or to the Noteholders shall shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders holders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder holder of any of the Notes to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any an acquiescence therein, ; and, subject to the provisions of Section 6.04, every power and remedy given by this Article 6 Six or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 1 contract
Remedies Cumulative and Continuing. To the extent permitted by law, all powers and remedies given by this Article 6 7 to the Trustee or to the Noteholders shall be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this the Indenture, and no delay or omission of the Trustee or of any Holder of any of the Notes to exercise any right or power accruing upon any default or Event of Default 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 any acquiescence therein, and, subject to the provisions of Section 6.047.04, every power and remedy given by this Article 6 7 or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 1 contract
Samples: Indenture (Wells Real Estate Investment Trust Ii Inc)
Remedies Cumulative and Continuing. To the extent permitted by law, all All powers and remedies given by this Article 6 to the Trustee or to the Noteholders shall shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders holders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder holder of any of the Notes to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any acquiescence therein, and, subject to the provisions of Section 6.046.4, every power and remedy given by this Article 6 or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 1 contract
Remedies Cumulative and Continuing. To the extent permitted by law, all All powers and remedies given by this Article 6 VI to the Trustee or to the Noteholders shall shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders holders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder holder of any of the Notes to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any acquiescence therein, and, subject to the provisions of Section 6.04, every power and remedy given by this Article 6 VI or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 1 contract
Samples: Indenture (Agco Corp /De)
Remedies Cumulative and Continuing. To Except as provided in the extent permitted by lawlast paragraph of Section 2.08, all powers and remedies given by this Article 6 to the Trustee or V to the Noteholders shall shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders holders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this IndentureNote Agreement or otherwise established with respect to the Notes, and no delay or omission of the Trustee or of any Holder holder of any of the Notes to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any an acquiescence therein, ; and, subject to the provisions of Section 6.045.04, every power and remedy given by this Article 6 V or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 1 contract
Samples: Subordinated Deferrable Interest Note Agreement (FBL Financial Group Inc)
Remedies Cumulative and Continuing. To the extent permitted by law, all All powers and remedies ---------------------------------- given by this Article 6 Six to the Trustee or to the Noteholders shall shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders holders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder holder of any of the Notes to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any an acquiescence therein, ; and, subject to the provisions of Section 6.04, every power and remedy given by this Article 6 Six or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 1 contract
Remedies Cumulative and Continuing. To the extent permitted by law, all All powers and remedies given by this Article 6 VII to the Trustee or to the Noteholders shall shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof powers and remedies hereof or of any other powers and remedies available to the Trustee or the Holders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder of any of the Notes to exercise in exercising any right or power accruing upon any default or Event of Default 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 any an acquiescence therein, ; and, subject to the provisions of Section 6.047.7, every power and remedy given by this Article 6 VII or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 1 contract
Samples: Indenture (Mge Energy Inc)
Remedies Cumulative and Continuing. To the extent permitted by lawExcept as provided in Section 2.06, all powers and remedies given by this Article 6 Seven to the Trustee or to the Noteholders shall shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders holders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder holder of any of the Notes to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any an acquiescence therein, ; and, subject to the provisions of Section 6.047.04, every power and remedy given by this Article 6 Seven or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 1 contract
Samples: Indenture (Chiron Corp)
Remedies Cumulative and Continuing. To Except as provided in the extent permitted by lawlast paragraph of Section 2.07, all powers and remedies given by this Article 6 VII to the Trustee or to the Noteholders shall shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders holders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder holder of any of the Notes to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any acquiescence therein, ; and, subject to the provisions of Section 6.047.04, every power and remedy given by this Article 6 VII or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 1 contract
Remedies Cumulative and Continuing. To the extent permitted by law, all All powers and remedies given by this Article 6 V to the Trustee or to the Noteholders shall shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders holders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this IndentureIndenture or otherwise established with respect to the Notes, and no delay or omission of the Trustee or of any Holder holder of any of the Notes to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any an acquiescence therein, ; and, subject to the provisions of Section 6.045.06, every power and remedy given by this Article 6 V or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 1 contract
Samples: Indenture (Flushing Financial Corp)
Remedies Cumulative and Continuing. To the extent permitted by law, all All powers and remedies given by this Article 6 VIII to the Trustee or to the Noteholders shall shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof powers and remedies hereof or of any other powers and remedies available to the Trustee or the Holders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder of any of the Notes to exercise in exercising any right or power accruing upon any default or Event of Default 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 any an acquiescence therein, ; and, subject to the provisions of Section 6.048.4 hereof, every power and remedy given by this Article 6 VIII or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 1 contract
Remedies Cumulative and Continuing. To the extent permitted by law, all All powers and remedies given by this Article 6 Seven to the Trustee or to the Noteholders shall Debentureholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any other thereof or of any other powers and remedies available to the Trustee or the Holders of the NotesDebentureholders, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder holder of any of the Notes Debentures to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid aforesaid, shall impair any such right or power, or shall be construed to be a waiver of any such default or any an acquiescence therein, ; and, subject to the provisions of Section 6.047.04, every power and remedy given by this Article 6 Seven or by law to the Trustee or to the Noteholders Debentureholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the NoteholdersDebentureholders.
Appears in 1 contract
Samples: Indenture (Philip Services Corp)
Remedies Cumulative and Continuing. To the extent permitted by law, all All powers and remedies given by this Article 6 Eight to the Trustee or to the Noteholders shall shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof powers and remedies hereof or of any other powers and remedies available to the Trustee or the Holders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder of any of the Notes to exercise in exercising any right or power accruing upon any default or Event of Default 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 any an acquiescence therein, ; and, subject to the provisions of Section 6.048.04, every power and remedy given by this Article 6 Eight or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 1 contract
Remedies Cumulative and Continuing. To the extent permitted by law, all All powers and remedies given by this Article 6 VI to the Trustee or to the Noteholders shall holders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders holders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder holder of any of the Notes to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any acquiescence therein, and, subject to the provisions of Section 6.046.05, every power and remedy given by this Article 6 VI or by law to the Trustee or to the Noteholders holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholdersholders.
Appears in 1 contract
Samples: Indenture (Macerich Co)
Remedies Cumulative and Continuing. To the extent permitted by law, all All powers and remedies given by this Article 6 Seven to the Trustee or to the Noteholders shall shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof powers and remedies hereof or of any other powers and remedies available to the Trustee or the Holders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder of any of the Notes to exercise in exercising any right or power accruing upon any default or Event of Default 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 any an acquiescence therein, ; and, subject to the provisions of Section 6.047.04 hereof, every power and remedy given by this Article 6 Seven or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.. SECTION
Appears in 1 contract
Remedies Cumulative and Continuing. To the extent permitted by law, all All powers and remedies given by this Article 6 8 to the Trustee or to the Noteholders shall shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder of any of the Notes to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any acquiescence therein, and, subject to the provisions of Section 6.048.04, every power and remedy given by this Article 6 8 or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 1 contract
Samples: Indenture (Sl Green Realty Corp)
Remedies Cumulative and Continuing. To the extent permitted by law, all powers and remedies given by this Article 6 VI to the Trustee or to the Noteholders shall be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder of any of the Notes to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any acquiescence therein, and, subject to the provisions of Section 6.04, every power and remedy given by this Article 6 VI or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 1 contract
Remedies Cumulative and Continuing. To the extent permitted by lawExcept as provided in Section 2.06, all powers and remedies given by this Article 6 3 to the Trustee or to the Noteholders shall shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders of the NotesNoteholders, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder of any of the Notes Noteholder 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 any acquiescence therein, and, subject to the provisions of Section 6.048.04, every power and remedy given by this Article 6 8 or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 1 contract
Samples: Indenture (Atherogenics Inc)
Remedies Cumulative and Continuing. To the extent permitted by lawExcept as provided in Section 2.06, all powers and remedies given by this Article 6 7 to the Trustee or to the Noteholders shall shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders of the NotesNoteholders, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Holder of any of the Notes Noteholder 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 any acquiescence therein, and, subject to the provisions of Section 6.047.04, every power and remedy given by this Article 6 7 or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 1 contract
Samples: Indenture (Compudyne Corp)