Common use of Remedies Cumulative and Continuing Clause in Contracts

Remedies Cumulative and Continuing. 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 the Securities, and no delay or omission of the Debenture 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 Debenture Trustee or to the Securityholders 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 2 contracts

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

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Remedies Cumulative and Continuing. 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 the Securities, and no delay or omission of the Debenture 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 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 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 (CNBF Capital Trust I)

Remedies Cumulative and Continuing. All Except as otherwise provided in Section 2.08, all powers and remedies given by this Article V Five 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 SecuritiesSecuri ties, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained con tained in this Indenture or otherwise established with respect to the Securitiessuch series, and no delay or omission of the Debenture 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 default or an acquiescence therein; and, subject to the provisions of Section 5.04, every power and remedy given by this Article V Five or by law to the Debenture Trustee or to the Securityholders 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 (Nb Capital Trust I)

Remedies Cumulative and Continuing. All powers and remedies given by this Article V to the Debenture Trustee or to the Securityholders Debentureholders 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 SecuritiesDebentures, 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 the SecuritiesDebentures, and no delay or omission of the Debenture Trustee or of any holder of any of the Securities Debentures 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 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 Debentureholders may be exercised from time to time, and as often as shall be deemed expedient, by the Debenture Trustee or by the SecurityholdersDebentureholders.

Appears in 1 contract

Samples: Mmi Companies Inc

Remedies Cumulative and Continuing. All Except as provided in the last paragraph of Section 2.08, all powers and remedies given by this Article V Five 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 the Securities, and no delay or omission of the Debenture 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 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 Debenture Trustee or to the Securityholders 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 (Albank Capital Trust I)

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Remedies Cumulative and Continuing. All Except as provided in ---------------------------------- Section 2.6, all powers and remedies given by this Article V VII to the Debenture Trustee or to the Securityholders 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 Debenture Trustee or the holders of the SecuritiesDebentures, 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 the SecuritiesIndenture, and no delay or omission of the Debenture Trustee or of any holder of any of the Securities 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 default or an any acquiescence therein; and, subject to the provisions of Section 5.047.4, every power and remedy given by this Article V VII or by law to the Debenture Trustee or to the Securityholders Debentureholders may be exercised from time to time, and as often as shall be deemed expedient, by the Debenture Trustee or by the SecurityholdersDebentureholders.

Appears in 1 contract

Samples: Sequus Pharmaceuticals Inc

Remedies Cumulative and Continuing. All Except as otherwise provided in Section 2.08, 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 Debt 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 the Securitiessuch series, and no delay or omission of the Debenture Trustee or of any holder of any of the Debt 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 default or an acquiescence therein; and, subject to the provisions of Section 5.04, every power and remedy given by this Article V Five or by law to the Debenture Trustee or to the Securityholders 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 (Transamerica Capital Iii)

Remedies Cumulative and Continuing. All Except as provided in Section 2.06 with respect to the holder of the Debenture, all powers and remedies given by this Article V Seven to the Debenture Trustee or to the Securityholders 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 Debenture Trustee or the holders of the SecuritiesDebentures, 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 the SecuritiesIndenture, and no delay or omission of the Debenture Trustee or of any holder of any of the Securities Debentures 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, or shall be construed to be a waiver of any such Default default or an acquiescence therein; and, subject to the provisions of Section 5.047.04, every power and remedy given by this Article V Seven or by law to the Debenture Trustee or to the Securityholders Debentureholders may be exercised from time to time, and as often as shall be deemed expedient, by the Debenture Trustee or by the SecurityholdersDebentureholders.

Appears in 1 contract

Samples: Indenture (SCS Transportation Inc)

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