Common use of Remedies Cumulative and Continuing Clause in Contracts

Remedies Cumulative and Continuing. To the extent permitted by law, all powers and remedies given by this Article Five to the Trustee or to the Holders of Securities of any particular series shall be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders of such Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or in the Securities of such series or related Guarantees, and no delay or omission of the Trustee or of any Holder of any Securities of any particular series 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 or any acquiescence therein, and, subject to the provisions of Section 504, every power and remedy given by this Article Five or by law to the Trustee or to the Holders of such Securities may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of such Securities.

Appears in 2 contracts

Samples: Supplemental Indenture (Kilroy Realty, L.P.), Supplemental Indenture (Kilroy Realty, L.P.)

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Remedies Cumulative and Continuing. To the extent permitted by lawDelay or Omission Not a Waiver. Except as otherwise provided in Section 2.6, all powers and remedies given by this Article Five V to the Trustee or to the Holders of Securities of any particular series shall Securityholders 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 such Securitiesthe Debentures, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or in otherwise established with respect to the Securities of such series or related GuaranteesDebentures, and no delay or omission of the Trustee or of any Holder holder of any Securities of any particular series the Debentures to exercise any right right, remedy or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right right, remedy or power, or shall be construed to be a waiver of any such default Default or any an acquiescence therein, ; and, subject to the provisions of Section 5045.6, every power and remedy given by this Article Five V or by law to the Trustee or to the Holders of such Securities Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee (in accordance with its duties under Section 6.1) or by the Holders of such SecuritiesSecurityholders.

Appears in 1 contract

Samples: Indenture (Union National Financial Corp / Pa)

Remedies Cumulative and Continuing. To the extent permitted by lawExcept as otherwise provided in Section 2.10, all powers and remedies given by this Article Five V to the Indenture Trustee or to the Holders of Securities of any particular series shall Securityholders 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 Indenture Trustee or the Holders holders of such the Debt Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or in otherwise established with respect to the Securities of such series or related GuaranteesDebt Securities, and no delay or omission of the Indenture Trustee or of any Holder holder of any of the Debt Securities of any particular series 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 or any an acquiescence therein, ; and, subject to the provisions of Section 5045.04, every power and remedy given by this Article Five V or by law to the Indenture Trustee or to the Holders of such Securities Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Indenture Trustee or by the Holders of such SecuritiesSecurityholders.

Appears in 1 contract

Samples: Indenture (Dime Community Bancshares Inc)

Remedies Cumulative and Continuing. To Except as provided in the extent permitted by lawlast paragraph of Section 2.06 [Mutilated, Destroyed, Lost or Stolen Notes], all powers and remedies given by this Article Five 6 [Defaults and Remedies] to the Trustee or to the Holders of Securities of any particular series shall 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 of such Securitiesthe Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or in the Securities of such series or related GuaranteesIndenture, and no delay or omission of the Trustee or of any Holder of any Securities of any particular series the Notes to exercise any right or power accruing upon any default 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 Event of Default or any acquiescence therein, ; and, subject to the provisions of Section 5046.06 [Proceedings by Holders], every power and remedy given by this Article Five 6 [Defaults and Remedies] or by law to the Trustee or to the Holders of such Securities may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of such SecuritiesHolders.

Appears in 1 contract

Samples: Indenture (Evolent Health, Inc.)

Remedies Cumulative and Continuing. To DELAY OR OMISSION NOT --------------------------------------------------------- A WAIVER. Except as otherwise provided in Section 2.6, all powers and remedies ---------- given by this Article V to the Trustee or to the Securityholders shall, to the extent permitted by law, all powers and remedies given by this Article Five to the Trustee or to the Holders of Securities of any particular series shall 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 such Securitiesthe Debentures, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or in otherwise established with respect to the Securities of such series or related GuaranteesDebentures, and no delay or omission of the Trustee or of any Holder holder of any Securities of any particular series the Debentures to exercise any right right, remedy or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right right, remedy or power, or shall be construed to be a waiver of any such default or any an acquiescence therein, ; and, subject to the provisions of Section 5045.4, every power and remedy given by this Article Five V or by law to the Trustee or to the Holders of such Securities Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee (in accordance with its duties under Section 6.1) or by the Holders of such SecuritiesSecurityholders.

Appears in 1 contract

Samples: Indenture (Intervest Bancshares Corp)

Remedies Cumulative and Continuing. To Except as provided in the extent permitted by lawlast paragraph of Section 3.06 of the Base Indenture, all powers and remedies given by this Article Five 5 to the Trustee or to the Holders of Securities of any particular series shall the Notes 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 of such Securitiesthe Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or in the Securities of such series or related GuaranteesIndenture, and no delay or omission of the Trustee or of any Holder of any Securities of any particular series the Notes to exercise any right or power accruing upon any default 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 Event of Default or any acquiescence therein, ; and, subject to the provisions of Section 5045.08, every power and remedy given by this Article Five 5 or by law to the Trustee or to the Holders of such Securities the Notes may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of such Securitiesthe Notes.

Appears in 1 contract

Samples: First Supplemental Indenture (Wabash National Corp /De)

Remedies Cumulative and Continuing. To Except as provided in subsections (d) and (e) of Section 3.07 of the extent permitted by lawBase Indenture, all powers and remedies given by this Article Five 6 to the Trustee or to the Holders of Securities of any particular series shall 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 of such Securitiesthe Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or in the Securities of such series or related GuaranteesIndenture, and no delay or omission of the Trustee or of any Holder of any Securities of any particular series the Notes to exercise any right or power accruing upon any default 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 Event of Default or any acquiescence therein, ; and, subject to the provisions of Section 5046.07, every power and remedy given by this Article Five 6 or by law to the Trustee or to the Holders of such Securities may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of such SecuritiesHolders.

Appears in 1 contract

Samples: First Supplemental Indenture (Stillwater Mining Co /De/)

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Remedies Cumulative and Continuing. To Except as provided in the extent permitted by lawlast paragraph of Section 306 of the Base Indenture, all powers and remedies given by this Article Five 5 to the Trustee or to the Holders of Securities of any particular series shall the Notes 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 of such Securitiesthe Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or in the Securities of such series or related GuaranteesIndenture, and no delay or omission of the Trustee or of any Holder of any Securities of any particular series the Notes to exercise any right or power accruing upon any default 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 Event of Default or any acquiescence therein, ; and, subject to the provisions of Section 5045.05, every power and remedy given by this Article Five 5 or by law to the Trustee or to the Holders of such Securities the Notes may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of such Securitiesthe Notes.

Appears in 1 contract

Samples: First Supplemental Indenture (Arbor Realty Trust Inc)

Remedies Cumulative and Continuing. To the extent permitted by law, all All powers and remedies given by this Article Five to the Trustee or to the Holders of Securities Debentures of any particular series shall or to the Holders of any Coupons appertaining thereto 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 of the Debentures of such Securitiesseries or to the Holders of such Coupons, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or in the Securities of such series or related GuaranteesIndenture, and no delay or omission of the Trustee or of any Holder of any Securities of the Debentures of a series or of any particular series Holder of any such Coupons 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 or any an acquiescence therein, ; and, subject to the provisions of Section 504, every power and remedy given by this Article Five or by law to the Trustee or to the such Holders of such Securities may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of such SecuritiesHolders.

Appears in 1 contract

Samples: Indenture (Alliedsignal Inc)

Remedies Cumulative and Continuing. To the extent permitted by law, all All powers and remedies given by this Article Five VI to the Trustee or to the Holders of Securities of any particular series shall or Coupons 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 of such SecuritiesSecurities or Coupons, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or in the Securities of such series or related GuaranteesIndenture, and no delay or omission of the Trustee or of any Holder of any of the Securities of any particular series or Coupons 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, power or shall be construed to be a waiver of any such default or any an acquiescence therein, ; and, subject to the provisions of Section 5046.04, every power and remedy given by this Article Five VI or by law to the Trustee or to the Holders of such Securities or Coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of such SecuritiesSecurities or Coupons, as the case may be.

Appears in 1 contract

Samples: Subordinated Indenture (Visteon Corp)

Remedies Cumulative and Continuing. To Except as otherwise provided herein and in the Convertible Bonds, all powers and remedies given hereunder to the Trustees or to the Bondholders shall, to the extent permitted by law, all powers and remedies given by this Article Five to the Trustee or to the Holders of Securities of any particular series shall be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee Trustees or the Holders of such Securitiesthe Convertible Bonds, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or in the Securities of such series or related GuaranteesIndenture, and no delay or omission of the Trustee Trustees or of any Holder of any Securities of any particular series the Convertible 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 or any acquiescence therein, and, subject to the provisions of Section 5045.08, every power and remedy given by this Article Five Indenture or by law to the Indenture Trustee or to the Holders of such Securities Co-Trustee or to the Bondholders may be exercised from time to time, and as often as shall be deemed expedient, by the Indenture Trustee, the Co-Trustee or by the Holders of such SecuritiesBondholders.

Appears in 1 contract

Samples: Indenture (Topspin Medical Inc)

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