Common use of Remedies Cumulative and Continuing Clause in Contracts

Remedies Cumulative and Continuing. Except as provided in Section 4.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.6, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders of any or all series, as the case may be, may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders of such series or all series, as the case may be.

Appears in 14 contracts

Samples: Indenture (Newmont Mining Corp), Indenture (Newmont Mining Corp /De/), Indenture (Newmont Mining Corp /De/)

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Remedies Cumulative and Continuing. Except as provided in Section 4.6DELAY OR OMISSION NOT WAIVER All rights, no right or remedy herein powers and remedies conferred upon or reserved to the Trustee or to the Securityholders is intended to be exclusive of any other right or remedy, and every right and remedy shallNoteholders, to the extent permitted by law, shall be deemed cumulative and in addition not exclusive of any thereof or of any other rights, powers and remedies available to every other right and remedy given hereunder the Trustee or the holders of the Notes, now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunderexisting, by judicial proceedings or otherwise, shall not prevent to enforce the concurrent assertion performance or employment observance of any other appropriate right or remedy. No the covenants and agreements contained in this Indenture; and no delay or omission of the Trustee or of any Securityholder holder of any of the Notes to exercise any right such right, power or power accruing upon any Event of Default occurring and continuing as aforesaid remedy shall impair any such right right, power or power remedy, or shall be construed to be a waiver of any such Event of Default default or an acquiescence thereinin such default; and, and subject to the provisions of Section 4.64.04, every power and remedy given by this Indenture conferred upon or by law reserved to the Trustee or to the Securityholders of any or all series, as the case may be, Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders Noteholders. The assertion of such series any right, power or all seriesremedy shall not prevent the concurrent assertion of any other right, as the case may bepower or remedy.

Appears in 3 contracts

Samples: Indenture (Synovus Financial Corp), Indenture (Synovus Financial Corp), Indenture (Synovus Financial Corp)

Remedies Cumulative and Continuing. Except as provided in Section 4.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders Security- holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.6, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders of any or all series, as the case may be, may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders of such series or all series, as the case may be.

Appears in 2 contracts

Samples: Indenture (Newmont Mining Corp /De/), Indenture (Newmont Mining Corp /De/)

Remedies Cumulative and Continuing. Except as provided in Section 4.6Delay or Omission Not Waiver. All rights, no right or remedy herein powers and remedies conferred upon or reserved to the Trustee or to the Securityholders is intended to be exclusive of any other right or remedy, and every right and remedy shallSecurityholders, to the extent permitted by law, shall be deemed cumulative and in addition not exclusive of any thereof or of any other rights, powers and remedies available to every other right the Trustee or the holders of the Securities and remedy given hereunder or related coupons, now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunderexisting, by judicial proceedings or otherwise, shall not prevent to enforce the concurrent assertion performance or employment observance of any other appropriate right or remedy. No the covenants and agreements contained in this Indenture; and no delay or omission of the Trustee or of any Securityholder holder of any of the Securities or related coupons to exercise any right such right, power or power accruing upon any Event of Default occurring and continuing as aforesaid remedy shall impair any such right right, power or power remedy, or shall be construed to be a waiver of any such Event of Default default or an acquiescence thereinin such default; and, and subject to the provisions of Section 4.64.04, every power and remedy given by this Indenture conferred upon or by law reserved to the Trustee or to the Securityholders of any or all series, as the case may be, may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders Securityholders. The assertion of such series any right, power or all seriesremedy shall not prevent the concurrent assertion of any other right, as the case may bepower or remedy.

Appears in 2 contracts

Samples: Indenture Regarding Senior Securities (Mercantile Bancorporation Inc), Indenture (Mercantile Bancorporation Inc)

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Remedies Cumulative and Continuing. Except as provided in ---------------------------------- Section 4.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.6, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders of any or all series, as the case may be, may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders of such series or all series, as the case may be.

Appears in 2 contracts

Samples: Indenture (Newmont Gold Co), Indenture (Newmont Gold Co)

Remedies Cumulative and Continuing. Except as provided in Section 4.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Securityholders Security holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Securityholder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 4.6, every power and remedy given by this Indenture or by law to the Trustee or to the Securityholders of any or all series, as the case may be, may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders of such series or all series, as the case may be.

Appears in 1 contract

Samples: Indenture (Newmont Usa LTD)

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