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 (Textron Financial Canada Funding Corp), Indenture (Ahold Finance Usa Inc), Newmont (Newmont Usa LTD)

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Remedies Cumulative and Continuing. Except as provided in Section 4.6, no right or remedy herein conferred upon or reserved All powers and remedies given by this Article Seven to the Trustee or to the Securityholders is intended to be exclusive holders of Debt Securities of any other right or remedy, and every right and remedy series shall, to the extent extend permitted by law, be deemed 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 not exclusive of any right thereof or remedy hereunderof any other powers and remedies available to the Trustee or the holders of the Debt Securities of such series, 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 Debt Securities of a series 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 power, or shall be construed to be a waiver of any such Event of Default default or an acquiescence therein; and, subject to the provisions of Section 4.67.04, every power and remedy given by this Indenture Article Seven or by law to the Trustee or to the Debt Securityholders of any or all series, as the case may be, 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 or all series, as the case may be.

Appears in 3 contracts

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

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

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: Newmont Gold Co, Newmont Gold Co

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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 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: Newmont Usa LTD

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