Rights and Remedies Cumulative; Delay or Omission Not Waiver. (a) Except as otherwise provided in Section 2.9(b), all powers and remedies given by this Article VII to the Trustee or to the Debentureholders 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 Debentures, 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 Debentures.
Appears in 25 contracts
Samples: Indenture (S Y Bancorp Inc), Indenture (S Y Bancorp Inc), Independent Bank Corp /Mi/
Rights and Remedies Cumulative; Delay or Omission Not Waiver. (a) Except as otherwise provided in Section 2.9(b)2.8, all powers and remedies given by this Article VII to the Trustee or to the Debentureholders 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 Debentures, 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 Debentures.
Appears in 17 contracts
Samples: Indenture (Bankatlantic Bancorp Inc), Indenture Indenture (Pennfirst Capital Trust I), Bankunited Capital Ii
Rights and Remedies Cumulative; Delay or Omission Not Waiver. (a) Except as otherwise provided in Section 2.9(b), all All powers and remedies given by this Article VII to the Trustee or to the Debentureholders 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 Debentures, 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 Debentures.
Appears in 11 contracts
Samples: Indenture (American Community Bancshares Inc), Southern Community Financial Corp, First America Capital Trust
Rights and Remedies Cumulative; Delay or Omission Not Waiver. (a) Except as otherwise expressly provided in Section 2.9(b)herein, all powers and remedies given by this Article VII to the Trustee or to the Debentureholders 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 Debentures, 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 Debentures.
Appears in 7 contracts
Samples: Indenture (San Rafael Bancorp), Indenture (Alabama National Bancorporation), Indenture (Mountainbank Financial Corp)
Rights and Remedies Cumulative; Delay or Omission Not Waiver. (a) Except as otherwise provided in Section 2.9(b), all powers and remedies given by this Article VII VIII to the Trustee or to the Debentureholders 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 Debentures, 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 Debentures.
Appears in 5 contracts
Samples: Southside Capital Trust Ii, American Bank Inc, Ifc Capital Trust Ii
Rights and Remedies Cumulative; Delay or Omission Not Waiver. (a) Except as otherwise provided in Section 2.9(b)2.7, all powers and remedies given by this Article VII VI to the Trustee or to the Debentureholders 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 DebenturesSecurities, 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 DebenturesSecurities.
Appears in 5 contracts
Samples: Indenture (Inspiration Media Inc), Indenture (Air Hot, Inc.), Indenture (CyrusOne Foreign Holdings LLC)
Rights and Remedies Cumulative; Delay or Omission Not Waiver. (a) Except as otherwise provided in Section 2.9(b)2.07, all powers and remedies given by this Article VII to the Trustee or to the Debentureholders 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 DebenturesDebt 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 DebenturesDebt Securities.
Appears in 4 contracts
Samples: Telephone and Data (Telephone & Data Systems Inc), Kansas City Power (Kansas City Power & Light Co), Illinois Power Co
Rights and Remedies Cumulative; Delay or Omission Not Waiver. (a) Except as otherwise provided in Section 2.9(b), all All powers and remedies given by this Article VII 7 to the Trustee or to the Debentureholders 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 DebenturesSecurities, 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 DebenturesSecurities.
Appears in 1 contract
Samples: Ncbe Capital Trust I
Rights and Remedies Cumulative; Delay or Omission Not Waiver. (a) Except as otherwise provided in Section 2.9(b), all All powers and remedies given by this Article VII VIII to the Trustee or to the Debentureholders 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 Debentures, 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 Debentures.
Appears in 1 contract
Samples: Southern Community Capital Trust I
Rights and Remedies Cumulative; Delay or Omission Not Waiver. (a) Except as otherwise provided in Section 2.9(b)2.9, all powers and remedies given by this Article VII to the Trustee or to the Debentureholders Debenture 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 of the Debentures, 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 Debentures.
Appears in 1 contract
Rights and Remedies Cumulative; Delay or Omission Not Waiver. (a) Except as otherwise provided in Section 2.9(b), all powers and remedies given by this Article VII ARTICLE VIII to the Trustee or to the Debentureholders 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 Debentures, 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 Debentures.
Appears in 1 contract
Samples: Indenture (Tompkins Financial Corp)
Rights and Remedies Cumulative; Delay or Omission Not Waiver. (a) Except as otherwise provided in Section 2.9(b), all powers and remedies given by this Article VII VIII to the Indenture Trustee or to the Debentureholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any other powers and remedies available to the Indenture Trustee or the holders of the Debentures, 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 Debentures.
Appears in 1 contract
Samples: Indenture (Bridge Bancorp Inc)
Rights and Remedies Cumulative; Delay or Omission Not Waiver. (a) Except as otherwise provided in Section 2.9(b2.8(a), all powers and remedies given by this Article VII to the Trustee or to the Debentureholders Debenture 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 of the Debentures, 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 Debentures.
Appears in 1 contract
Samples: Glacier Capital Trust I