Common use of Remedies Cumulative and Continuing Clause in Contracts

Remedies Cumulative and Continuing. All powers and remedies given by this Article Seven to the Trustee or to the holders of Debt Securities of any series shall, to the extend 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 Debt Securities of such series, 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 Debt Securities of a series to exercise any right or power accruing upon any default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or an acquiescence therein; and, subject to the provisions of Section 7.04, every power and remedy given by this Article Seven or by law to the Trustee or to the Debt Securityholders of a series may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Debt Securityholders of such series.

Appears in 3 contracts

Samples: Indenture (Cooper Industries, Ltd.), Indenture Agreement (Cooper Crouse-Hinds, LLC), Indenture Agreement (Cooper Industries LTD)

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Remedies Cumulative and Continuing. All powers and remedies given by this Article Seven Six to the Trustee or to the holders Holders of Debt Securities of any series shall, to the extend 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 Debt Securities Holders of such seriesDebt 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 or of any holder Holder of any of the such Debt Securities of a series to exercise any right or power accruing upon any default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or an acquiescence therein; and, subject to the provisions of Section 7.046.04, every power and remedy given by this Article Seven Six or by law to the Trustee or to the Holders of Debt Securityholders Securities of a any series may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Debt Securityholders Securities of such series.. SECTION

Appears in 2 contracts

Samples: Indenture (McDonalds Corp), Indenture (McDonalds Corp)

Remedies Cumulative and Continuing. All powers and remedies given by this Article Seven V to the Debenture Trustee or to the holders of Debt Securities of any series Securityholders shall, to the extend extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Debenture Trustee or the holders of the Debt Securities of such seriesSecurities, 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 Debenture Trustee or of any holder of any of the Debt Securities of a series to exercise any right or power accruing upon any default 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 acquiescence therein; and, subject to the provisions of Section 7.045.04, every power and remedy given by this Article Seven V or by law to the Debenture Trustee or to the Debt Securityholders of a series may be exercised from time to time, and as often as shall be deemed expedient, by the Debenture Trustee or by the Debt Securityholders of such seriesSecurityholders.

Appears in 2 contracts

Samples: Indenture (Commerce Capital Trust Ii), Indenture (American Home Mortgage Investment Corp)

Remedies Cumulative and Continuing. All Except as otherwise provided in Section 2.08, all powers and remedies given by this Article Seven V to the Trustee or to the holders of Debt Securities of any series Securityholders shall, to the extend 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 Debt Securities of such seriesSecurities, 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 or of any holder of any of the Debt Securities of a series to exercise any right or power accruing upon any default 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 7.045.04, every power and remedy given by this Article Seven Five or by law to the Trustee or to the Debt Securityholders of a series may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Debt Securityholders of such seriesSecurityholders.

Appears in 1 contract

Samples: Indenture (Transamerica Capital Iii)

Remedies Cumulative and Continuing. All powers and remedies given by this Article Seven to the Trustee or to the holders Holders of Debt Securities of any series shall, to the extend 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 Debt Securities of such series, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this IndentureIndenture or otherwise made applicable to such Debt Securities, and no delay or omission of the Trustee or of any holder Holder of any of the Debt Securities of a series to exercise any right or power accruing upon any default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or an acquiescence therein; and, subject to the provisions of Section 7.04, every power and remedy given by this Article Seven or by law to the Trustee or to the Debt Securityholders Holders of a series may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Debt Securityholders Holders of such series.

Appears in 1 contract

Samples: Indenture (Nucor Corp)

Remedies Cumulative and Continuing. All powers and ---------------------------------- remedies given by this Article Seven Six to the Trustee or to the holders of Debt Securities Securityholders of any series shall, to the extend 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 Debt Securities of such seriesSecurities, 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 or of any holder of any of the Debt such Securities of a series to exercise any right or power accruing upon any default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or an acquiescence therein; and, subject to the provisions of Section 7.046.04, every power and remedy given by this Article Seven Six or by law to the Trustee or to the Debt Securityholders of a any series may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Debt Securityholders of such series.

Appears in 1 contract

Samples: Indenture Agreement (General Electric Capital Corp)

Remedies Cumulative and Continuing. All powers and remedies given by this Article Seven V to the Debenture Trustee or to the holders of Debt Securities of any series Securityholders shall, to the extend extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Debenture Trustee or the holders of the Debt Securities of such seriesSecurities, 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 Debenture Trustee or of any holder of any of the Debt Securities of a series to exercise any right or power accruing upon any default 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 7.045.4, every power and remedy given by this Article Seven V or by law to the Debenture Trustee or to the Debt Securityholders of a series may be exercised from time to time, and as often as shall be deemed expedient, by the Debenture Trustee or by the Debt Securityholders of such seriesSecurityholders.

Appears in 1 contract

Samples: Indenture (CNBF Capital Trust I)

Remedies Cumulative and Continuing. All powers and remedies given by this Article Seven to the Trustee or to the holders of Debt Securities Debentures of any series shall, to the extend 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 Debt Securities Debentures of such series, 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 Debt Securities Debentures of a series to exercise any right or power accruing upon any default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or an acquiescence therein; and, subject to the provisions of Section 7.04, every power and remedy given by this Article Seven or by law to the Trustee or to the Debt Securityholders Debentureholders of a series may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Debt Securityholders Debentureholders of such series.

Appears in 1 contract

Samples: Indenture Agreement (Cooper Industries LTD)

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Remedies Cumulative and Continuing. All powers and remedies given by this Article Seven to the Trustee or to the holders Holders of Debt Securities of any series or Coupons shall, to the extend 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 Debt Securities of such seriesor 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 or of any holder Holder of any of the Debt Securities of a series or Coupons to exercise any right or power accruing upon any default occurring and continuing as aforesaid shall impair any such right or power, power or shall be construed to be a waiver of any such default or an acquiescence therein; and, subject to the provisions of Section 7.04, every power and remedy given by this Article Seven or by law to the Trustee or to the Debt Securityholders Holders of a series Securities or Coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Debt Securityholders Holders of such seriesSecurities or Coupons, as the case may be.

Appears in 1 contract

Samples: Indenture (General Motors Corp)

Remedies Cumulative and Continuing. All powers and remedies given by this Article Seven Six to the Trustee or to the holders of the Debt Securities of any series shall, to the extend 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 such Debt Securities of such seriesSecurities, 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 such Debt Securities of a series to exercise any right or power accruing upon any default or non-compliance 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 non-compliance or an acquiescence therein; and, subject to the provisions of Section 7.046.04, every power and remedy given by this Article Seven Six or by law to the Trustee or to the holders of the Debt Securityholders Securities of a any series may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Debt Securityholders holders of such seriesDebt Securities.

Appears in 1 contract

Samples: Indenture for Subordinated Debentures (General Electric Capital Corp)

Remedies Cumulative and Continuing. All powers and remedies given by this Article Seven to the Trustee or to the holders of Debt Securities of any series shall, to the extend 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 Debt Securities of such series, 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 Debt Securities of a series to exercise any right or power accruing upon any default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or an acquiescence therein; and, subject to the provisions of Section 7.04, every power and remedy given by this Article Seven or by law to the Trustee or to the Debt Securityholders of a series may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Debt Securityholders of such series.. SECTION

Appears in 1 contract

Samples: Indenture (Cooper Industries Inc)

Remedies Cumulative and Continuing. All powers and remedies given by this Article Seven Six to the Trustee or to the holders Holders of Debt Securities of any series shall, to the extend 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 Debt Securities Holders of such seriesDebt 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 or of any holder Holder of any of the such Debt Securities of a series to exercise any right or power accruing upon any default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or an acquiescence therein; and, subject to the provisions of Section 7.046.04, every power and remedy given by this Article Seven Six or by law to the Trustee or to the Holders of Debt Securityholders Securities of a any series may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Debt Securityholders Securities of such series.. 20

Appears in 1 contract

Samples: Indenture (McDonalds Corp)

Remedies Cumulative and Continuing. All powers and remedies given by this Article Seven to the Trustee or to the holders Holders of Debt Securities of any series Series shall, to the extend 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 to the holders of the Debt Securities Holders of such seriesSeries, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this IndentureIndenture or otherwise made applicable to such Series, and no delay or omission of the Trustee or of any holder Holder of any of the Debt Securities of a series Series to exercise any right or power accruing upon any default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or an acquiescence therein; and, subject to the provisions of Section 7.04, every power and remedy given by this Article Seven or by law to the Trustee or to the Holders of Debt Securityholders Securities of a series Series may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Debt Securityholders Holders of such seriesSeries.

Appears in 1 contract

Samples: Indenture (Coca-Cola Consolidated, Inc.)

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