Common use of Remedies Cumulative and Continuing Clause in Contracts

Remedies Cumulative and Continuing. All powers and remedies given by this Article 6 to the Trustee or to the 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 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 5 contracts

Samples: Indenture (Istar Financial Inc), United Dominion (United Dominion Realty Trust Inc), Indenture (KKR Financial Holdings LLC)

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Remedies Cumulative and Continuing. All powers and remedies given by this Article 6 4 to the Trustee or to the 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 Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Supplemental 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 6.044.05, every power and remedy given by this Article 6 4 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 4 contracts

Samples: Indenture (KKR Financial Holdings LLC), Indenture (KKR Financial Holdings LLC), Indenture (Mfa Financial, Inc.)

Remedies Cumulative and Continuing. All To the extent permitted by law, all powers and remedies given by this Article 6 to the Trustee or to the Noteholders shall, to the extent permitted by law, shall 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 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. All powers and remedies given by this Article 6 Eight to the Trustee or to the Noteholders 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 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 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 6.048.07, 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 3 contracts

Samples: Indenture (Madison Gas & Electric Co), Midamerican Energy Financing Ii, Midamerican Energy Financing Ii

Remedies Cumulative and Continuing. All Except as provided in Section 2.06, all powers and remedies given by this Article 6 8 to the Trustee or to the 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 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 (Celgene Corp /De/), Indenture (Atherogenics Inc)

Remedies Cumulative and Continuing. All powers and remedies given by this Article 6 Six to the Trustee or to the Noteholders Debentureholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the holders of the 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 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: Article Twelve (Zenith Electronics Corp), Comcast Cable Communications Inc

Remedies Cumulative and Continuing. All powers and remedies given by this Article 6 7 to the Trustee or to the 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 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 2 contracts

Samples: Indenture (Gramercy Property Trust Inc.), Indenture (SL Green Operating Partnership, L.P.)

Remedies Cumulative and Continuing. All powers and remedies given by this Article 6 Eight to the Trustee or to the Noteholders 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 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 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 6.048.07, 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. Section 8.10.

Appears in 1 contract

Samples: Madison Gas & Electric Co

Remedies Cumulative and Continuing. All powers and remedies given by this Article 6 VI to the Trustee or to the Noteholders 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 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 6.046.05, 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: Macerich Co

Remedies Cumulative and Continuing. All Except as provided in the last paragraph of Section 2.08, all powers and remedies given by this Article 6 to the Trustee or V to the 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 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 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: Deferrable Interest Note Agreement (FBL Financial Group Inc)

Remedies Cumulative and Continuing. All powers and remedies given by this Article 6 8 to the Trustee or to the 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 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 6.048.04, 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. All powers and remedies given by this Article 6 V to the Trustee or to the 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 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 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. All powers and remedies given by this Article 6 Six to the Trustee or to the 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 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 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

Samples: Comcast Cable Communications Inc

Remedies Cumulative and Continuing. All Except as provided in Section 2.06, all powers and remedies given by this Article 6 7 to the Trustee or to the 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 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)

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Remedies Cumulative and Continuing. All To the extent permitted by law, all powers and remedies given by this Article 6 7 to the Trustee or to the Noteholders shall, to the extent permitted by law, shall 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 the 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 1 contract

Samples: Indenture (Wells Real Estate Investment Trust Ii Inc)

Remedies Cumulative and Continuing. All powers and remedies ---------------------------------- given by this Article 6 Six to the Trustee or to the 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 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 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

Samples: Indenture (Continental Cablevision Inc)

Remedies Cumulative and Continuing. All powers and remedies given by this Article 6 Eight to the Trustee or to the Noteholders 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 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 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

Samples: Indenture (Oklahoma Gas & Electric Co)

Remedies Cumulative and Continuing. All To the extent permitted by law, all powers and remedies given by this Article 6 VI to the Trustee or to the Noteholders shall, to the extent permitted by law, shall 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: Piedmont Office Realty Trust, Inc.

Remedies Cumulative and Continuing. All Except as provided in Section 2.06, all powers and remedies given by this Article 6 3 to the Trustee or to the 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 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: Atherogenics Inc

Remedies Cumulative and Continuing. All powers and remedies given by this Article 6 VI to the Trustee or to the 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 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

Samples: Indenture (Agco Corp /De)

Remedies Cumulative and Continuing. All powers and remedies given by this Article 6 VIII to the Trustee or to the Noteholders 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 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 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

Samples: Indenture (Northern States Power Co /Mn/)

Remedies Cumulative and Continuing. All powers and remedies given by this Article 6 to the Trustee or to the 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 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 6.046.4, 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

Samples: Indenture (Luminent Mortgage Capital Inc)

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