Common use of Remedies Cumulative and Continuing Clause in Contracts

Remedies Cumulative and Continuing. Except as otherwise provided in the last paragraph of Section 2.08 with respect to the replacement or payment of mutilated, lost or stolen Securities, all powers and remedies given by this Article V to the Trustee or to the Securityholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any other powers and remedies available to the Trustee or the holders of the Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to such series, and no delay or omission of the Trustee or of any holder of any of the Securities 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 default or an acquiescence therein; and, subject to the provisions of Section 5.04, every power and remedy given by this Article V or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.

Appears in 4 contracts

Samples: Indenture (Municipal Mortgage & Equity LLC), Indenture (Countrywide Home Loans Inc), Indenture (Countrywide Home Loans Inc)

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Remedies Cumulative and Continuing. Except as otherwise provided in the last paragraph of Section 2.08 with respect to the replacement or payment of mutilated, destroyed, lost or stolen SecuritiesBonds in the last paragraph of Section 2.06, all powers and remedies given by this Article V 6 to the Trustee or to the Securityholders 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 SecuritiesBonds, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to such seriesIndenture, and no delay or omission of the Trustee or of any holder Holder of any of the Securities Bonds 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 Default or an Event of Default or any acquiescence therein; and, subject to the provisions of Section 5.046.05, every power and remedy given by this Article V 6 or by law to the Trustee or to the Securityholders Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersHolders.

Appears in 3 contracts

Samples: Indenture (Transocean Inc), Indenture (Transocean Ltd.), Indenture (Transocean Inc)

Remedies Cumulative and Continuing. Except as otherwise provided in the last paragraph of Section 2.08 2.8 with respect to the replacement or payment of mutilated, lost or stolen Securities, all powers and remedies given by this Article V Five to the Debt Trustee or to the Securityholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any other powers and remedies available to the Debt Trustee or the holders of the Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to such series, and no delay or omission of the Debt Trustee or of any holder of any of the Securities 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 default or an acquiescence therein; and, subject to the provisions of Section 5.045.4, every power and remedy given by this Article V Five or by law to the Debt Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Debt Trustee or by the Securityholders.

Appears in 2 contracts

Samples: Indenture (General Motors Corp), Indenture (General Motors Capital Trust D)

Remedies Cumulative and Continuing. Except as otherwise provided in the last paragraph of Section 2.08 with respect to the replacement or payment of mutilated, lost or stolen Securities, all powers and remedies given by this Article V to the Trustee or to the Securityholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any other powers and remedies available to the Trustee or the holders Holders of the Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to such seriesIndenture, and no delay or omission of the Trustee or of any holder Holder of any of the Securities 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 default or an acquiescence therein; and, subject to the provisions of Section 5.04, every power and remedy given by this Article V or by law to the Trustee or to the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.

Appears in 1 contract

Samples: Indenture (James River Group, INC)

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Remedies Cumulative and Continuing. Except as otherwise provided in the last paragraph of Section 2.08 2.10 with respect to the replacement or payment of mutilated, lost or stolen Securities, all powers and remedies given by this Article V to the Debenture Trustee or to the Securityholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any other powers and remedies available to the Debenture Trustee or the holders of the Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to such seriesthe Securities, and no delay or omission of the Debenture Trustee or of any holder of the Securities or any holder of the Preferred Securities 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 default or an acquiescence therein; and, subject to the provisions of Section 5.045.4, every power and remedy given by this Article V or by law to the Debenture Trustee or to the Securityholders or to the holders of the Preferred Securities may be exercised from time to time, and as often as shall be deemed expedient, by the Debenture Trustee or by the Securityholders.

Appears in 1 contract

Samples: Indenture (Valley National Bancorp)

Remedies Cumulative and Continuing. Except as otherwise provided in the last paragraph of Section 2.08 2.8 with respect to the replacement or payment of mutilated, lost or stolen SecuritiesSenior Notes, all powers and remedies given by this Article V Five to the Trustee or to the Securityholders Holders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any other powers and remedies available to the Trustee or the holders Holders of the SecuritiesSenior Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to such seriesSenior Notes, and no delay or omission of the Trustee or of any holder Holder of any of the Securities Senior Notes 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 default or an acquiescence therein; and, subject to the provisions of Section 5.045.4, every power and remedy given by this Article V Five or by law to the Trustee or to the Securityholders Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the SecurityholdersHolders.

Appears in 1 contract

Samples: Indenture (Joy Global Inc)

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