Common use of Rights and Remedies Cumulative; Delay or Omission Not Waiver Clause in Contracts

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 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. (b) No delay or omission of the Trustee or of any holder of any of the 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 or an acquiescence therein; and, subject to the provisions of Section 8.4, every power and remedy given by this ARTICLE VIII or by law to the Trustee or the Debentureholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Debentureholders.

Appears in 1 contract

Samples: Indenture (Tompkins Financial Corp)

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Rights and Remedies Cumulative; Delay or Omission Not Waiver. (a) Except as otherwise provided in Section 2.9(b2.10 (Mutilated, Destroyed, Lost or Stolen Notes), all powers and remedies given by this ARTICLE VIII Article VII to the Trustee or to the Debentureholders Noteholders 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 DebenturesNotes, 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 DebenturesNotes. (b) No delay or omission of the Trustee or of any holder of any of the Debentures 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; therein; and, subject to the provisions of Section 8.47.6 (Limitation on Suits), every power and remedy given by this ARTICLE VIII Article VII or by law to the Trustee or the Debentureholders Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the DebentureholdersNoteholders.

Appears in 1 contract

Samples: Indenture (CyrusOne Inc.)

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 Article 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. (b) No delay or omission of the Indenture Trustee or of any holder of any of the 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 or an on acquiescence therein; and, subject to the provisions of Section 8.4, every power and remedy given by this ARTICLE Article VIII or by law to the Indenture Trustee or the Debentureholders may be exercised from time to time, and as often as shall be deemed expedient, by the Indenture Trustee or by the Debentureholders.

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(b)3.06 of the Base Indenture, all powers and remedies given by this ARTICLE VIII Article VII to the Trustee or to the Debentureholders shallHolders of the Offered Securities, to the extent permitted by law, shall be deemed cumulative and not exclusive of any other powers and remedies available to the Trustee or the holders Holders of the DebenturesOffered Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this the Indenture or otherwise established with respect to such Debentures. (b) Offered Securities. No delay or omission of the Trustee or of any holder Holder of any of the Debentures Offered 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 . Subject to the provisions of Section 8.47.5 hereof, every power and remedy given by this ARTICLE VIII Article VII or by law to the Trustee or the Debentureholders Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the DebentureholdersHolders, as the case may be.

Appears in 1 contract

Samples: First Supplemental Indenture (Eagle Materials Inc)

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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 VIII 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. (b) No delay or omission of the Trustee or of any holder of any of the 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 or an on acquiescence thereinthere in; and, subject to the provisions of Section 8.47.4, every power and remedy given by this ARTICLE VIII Article VII or by law to the Trustee or the Debentureholders may be Debenture holders maybe exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the DebentureholdersDebenture holders.

Appears in 1 contract

Samples: Indenture (Glacier Capital Trust I)

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