Common use of Rights and Remedies Cumulative Clause in Contracts

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 84 contracts

Samples: Indenture (PVH Corp. /De/), Indenture (PVH Corp. /De/), Indenture (Exterran Energy Solutions, L.P.)

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Rights and Remedies Cumulative. Except as otherwise expressly provided elsewhere in the last paragraph of Section 3.6this Indenture, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 54 contracts

Samples: Indenture Agreement (Scotts Miracle-Gro Co), Indenture Agreement (Scotts Miracle-Gro Co), Indenture Agreement (Scotts Miracle-Gro Co)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.63.06, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 40 contracts

Samples: Indenture (Alestra), Indenture (Saks Inc), Indenture (Paging Network Do Brazil Sa)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.6306, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 26 contracts

Samples: Indenture (Wells Fargo Finance LLC), Indenture (Century Casinos Inc /Co/), Indenture (Wells Fargo & Co/Mn)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.63.06, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 20 contracts

Samples: Indenture (Pebblebrook Hotel Trust), Indenture (PACIFIC GAS & ELECTRIC Co), Indenture (United Natural Foods Inc)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.6306, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 19 contracts

Samples: Indenture (AMC Networks Inc.), Indenture (Cablevision Systems Corp /Ny), Indenture (Sea Containers LTD /Ny/)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.6306, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 18 contracts

Samples: Indenture, Deed of Trust and Security Agreement (Entergy Texas, Inc.), Indenture (Entergy Mississippi Inc), Junior Subordinated Indenture (Nevada Power Co)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.62.05(5), no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and or remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 15 contracts

Samples: Indenture (Keysight Technologies, Inc.), Indenture (Keysight Technologies, Inc.), Indenture (Agilent Technologies, Inc.)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.6308, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 13 contracts

Samples: Indenture (Rogers Communications Inc), Indenture (Rogers Communications Inc), Indenture (Rogers Communications Inc)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Trustee and the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 11 contracts

Samples: Indenture (Colony Financial, Inc.), Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc)

Rights and Remedies Cumulative. Except as otherwise expressly provided in the last paragraph of Section 3.6herein, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 11 contracts

Samples: Trust Indenture (Ascend Wellness Holdings, Inc.), Trust Indenture, Trust Indenture (High Tide Inc.)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.63.7, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 9 contracts

Samples: Indenture (Bally Total Fitness Holding Corp), Indenture (Bally Total Fitness Holding Corp), Indenture (Bally Total Fitness Holding Corp)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.63.7, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 8 contracts

Samples: Junior Subordinated Indenture (Providian Financial Corp), Junior Subordinated Indenture (Pmi Capital I), Junior Subordinated Indenture (Republic New York Capital Iv)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.63.07, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 6 contracts

Samples: Junior Subordinated Indenture (North Fork Capital Trust I), Junior Subordinated Indenture (Usb Holding Co Inc), Junior Subordinated Indenture (Bancorpsouth Inc)

Rights and Remedies Cumulative. Except as otherwise expressly provided elsewhere in the last paragraph of Section 3.6this Indenture, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 6 contracts

Samples: Indenture (Pinnacle Entertainment Inc), Indenture (Pinnacle Entertainment Inc), Indenture (MGM Grand Inc)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.63.6(f), no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, hereunder or otherwise, otherwise shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 6 contracts

Samples: Indenture (Amcomp Inc /Fl), Indenture (Amcomp Inc /Fl), Indenture (Anthracite Capital Inc)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.62.14, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders Noteholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 6 contracts

Samples: Indenture (Ambev S.A.), Indenture (InBev Corporate Holdings Inc.), Indenture (Tele Norte Leste Participacoes Sa)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.63.07, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 6 contracts

Samples: Indenture (Best Built Inc), Indenture (Cccisg Capital Trust), Indenture (Atrium Corp)

Rights and Remedies Cumulative. Except as otherwise ------------------------------ provided in the last paragraph of Section 3.62.09 hereof, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 5 contracts

Samples: Indenture (McLeodusa Inc), Indenture (McLeodusa Inc), Indenture (McLeodusa Inc)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.62.08, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 5 contracts

Samples: Indenture (Nextera Energy Inc), Indenture (Nextera Energy Partners, Lp), Indenture (Nextera Energy Partners, Lp)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 5 contracts

Samples: Indenture (Trumps Castle Associates Lp), Indenture (Meridian Bioscience Inc), Indenture (Code Alarm Inc)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.63.5, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 4 contracts

Samples: Junior Subordinated Indenture (Fib Capital Trust), Junior Subordinated Indenture (Fib Capital Trust), Junior Subordinated Indenture (Riggs Capital Ii)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.62.08 hereof, no right or remedy herein conferred herein, upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 4 contracts

Samples: Indenture (Di Industries Inc), Indenture (Trend Drilling Co), Indenture (Grey Wolf Inc)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.62.13, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders Noteholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 4 contracts

Samples: Indenture (Millicom International Cellular Sa), Indenture (Millicom International Cellular Sa), Indenture (American Beverage Co Ambev)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.63.05, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 4 contracts

Samples: Indenture (Net Servicos De Comunicacao S A), Indenture (Net Servicos De Comunicacao S A), Indenture (Brazilian Communitary Antennae LTD)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.62.7 hereof, no right or remedy herein conferred herein, upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 3 contracts

Samples: Indenture (R&b Falcon Corp), Indenture (Harperprints Inc), Indenture (Hvide Marine Inc)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.6SECTION 3.6(F), no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 3 contracts

Samples: Junior Subordinated Indenture (Bankatlantic Bancorp Inc), Junior Subordinated Indenture (Bankatlantic Bancorp Inc), Junior Subordinated Indenture (Uici)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.63.7(f), no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 3 contracts

Samples: Senior Indenture (MRM Capital Trust Iii), Senior Indenture (Mutual Risk Management LTD), Senior Indenture (MRM Capital Trust Iii)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.63.8, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 3 contracts

Samples: Indenture (Bally Total Fitness Holding Corp), Indenture (Bally Total Fitness Holding Corp), Indenture (Bally Total Fitness Holding Corp)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.62.9, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 3 contracts

Samples: Indenture (Covanta Holding Corp), Indenture (NRG Energy Inc), Indenture (Somerset Power LLC)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.62.07 hereof, no right or remedy herein conferred herein, upon or reserved to the Trustee or to the Holders holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent (to the extent permitted by law) the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 3 contracts

Samples: Indenture (Doubleclick Inc), Indenture (Young & Rubicam Inc), Indenture (Benchmark Electronics Inc)

Rights and Remedies Cumulative. Except as otherwise ------------------------------ provided in the last paragraph of Section 3.62.07 hereof, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 3 contracts

Samples: Indenture (Krystal Company), Indenture (United Usn Inc), Indenture (Gorges Quik to Fix Foods Inc)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.6, no No right or remedy herein conferred upon or reserved to the Trustee or to the Holders Securityholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwiseotherwise (except as provided in the last sentence of Section 306). The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 2 contracts

Samples: Indenture (Neiman Marcus Group Inc), Indenture (Neiman Marcus Group Inc)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.62.09 or Section 6.05 , no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, hereunder shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 2 contracts

Samples: Indenture (Cisco Systems, Inc.), Indenture (Cisco Systems, Inc.)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.63.06(f), no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 2 contracts

Samples: Indenture (Cleco Corporate Holdings LLC), Indenture (Puget Energy Inc /Wa)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.62.09 or Section 6.05 , no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment exercise of any right or remedy hereunder, or otherwise, hereunder shall not prevent the concurrent assertion or employment exercise of any other appropriate right or remedy.

Appears in 2 contracts

Samples: Indenture (Flex Ltd.), Indenture (Flex Ltd.)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.62.09 hereof, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 2 contracts

Samples: Indenture (McLeodusa Inc), Indenture (McLeodusa Inc)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of ------------------------------- Section 3.63.06, no right or remedy herein conferred upon or reserved to the Trustee or to the Trustee and the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 2 contracts

Samples: Indenture (Crown Cork & Seal Finance), Indenture (Crown Cork & Seal Co Inc)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.62.07 hereof, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 2 contracts

Samples: Indenture (APW Supermarkets, Inc.), Indenture (American Communications Services Inc)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.63.06(f), no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and and, subject to Section 10.11, every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 2 contracts

Samples: Open End Mortgage, General Mortgage Indenture and Deed of Trust (Vistra Corp.), Open End Mortgage, General Mortgage Indenture and Deed of Trust (Vistra Corp.)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.62.7, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 2 contracts

Samples: Indenture (Markel Corp), Indenture (Markel Corp)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.6307, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Everest Re Group LTD), Junior Subordinated Indenture (Everest Re Capital Trust Iii)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.63.7(f), no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (MRM Capital Trust Iii), Junior Subordinated Indenture (MRM Capital Trust Iii)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.62.14, no right or remedy herein conferred upon or reserved to the Indenture Trustee or to the Holders Noteholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 2 contracts

Samples: Indenture (Brasil Telecom Sa), Indenture (Brasil Telecom Holding Co)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.6herein, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders Certificateholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The Except as otherwise provided herein, the assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp), Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.63.6(f), no right or remedy --------------- herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Junior Subordinated Indenture (First Banks, Inc)

Rights and Remedies Cumulative. Except as otherwise expressly provided elsewhere in the last paragraph of Section 3.6this Indenture, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in 41 49 addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (Prison Realty Trust Inc)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.62.8, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (Aflac Inc)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.6SECTION 3.6(f), no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Uici)

Rights and Remedies Cumulative. Except as otherwise ------------------------------- provided in the last paragraph of Section 3.63.06, no right or remedy herein conferred upon or reserved to the Trustee or to the Trustee and the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (Crown Cork & Seal Finance)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.63.06, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or 62 -55- remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (Verio Inc)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.6, no No right or remedy herein conferred upon or reserved to the Trustee Trustee[, the Insurer] or to the Holders Noteholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (Merrill Lynch Mortgage Investors Inc)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.6306, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the 45 extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (South Financial Group Inc)

Rights and Remedies Cumulative. Except as otherwise ------------------------------ provided in the last paragraph of Section 3.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (Alcoa Inc)

Rights and Remedies Cumulative. Except as otherwise provided ------------- ------------------------------ in the last paragraph of Section 3.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Chittenden Capital Trust I)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.62.07, no right or remedy herein conferred upon or reserved to the ---- Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (Terra Nova Bermuda Holding LTD)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.6herein, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (Firstworld Communications Inc)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.62.08 hereof, no right or remedy conferred herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (Azteca Holdings Sa De Cv)

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Rights and Remedies Cumulative. Except as otherwise ------------------------------ provided in the last paragraph of Section 3.62.13, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders Noteholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (Petrobras International Finance Co)

Rights and Remedies Cumulative. Except as otherwise -------------------------------- provided in the last paragraph of Section 3.62.07 hereof, no right or remedy herein conferred herein, upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (Envirosource Inc)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.6SECTION 3.06, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (PNM Resources Inc)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.6206, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (Valassis Communications Inc)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.63.06, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate appropri ate right or remedy.

Appears in 1 contract

Samples: Indenture (Xerox Corp)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.62.7 hereof, no right or remedy herein conferred herein, upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other 52 58 right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (R&b Falcon Corp)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.6305, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Senior Secured Note Indenture (SLM International Inc /De)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.63.7, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every 143 other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Junior Subordinated Indenture (South Carolina Electric & Gas Co)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.6Clause 2.6 hereof, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (Mobile Telesystems Ojsc)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Pennsylvania Power & Light Co /Pa)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.63.09, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (First Nationwide Holdings Inc)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.to

Appears in 1 contract

Samples: Junior Subordinated Indenture (American General Capital Iv)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.62.07 hereof, no right or remedy herein conferred herein, upon or reserved to the Trustee or to the Holders holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent (to the extent permitted by law) the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (Gilat Satellite Networks LTD)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (Wachovia Capital Trust Viii)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.66.1 and Section 11.3, no right or remedy herein conferred upon or reserved to the Indenture Trustee or to the Holders Noteholders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (Crystal Oil Co)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to 44 51 every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Junior Subordinated Indenture (American General Corp /Tx/)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.62.06 hereof, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (Mobile Telesystems Ojsc)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.62.7 hereof, no right or remedy herein conferred herein, in the Collateral Documents upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (PLD Telekom Inc)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.6207, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (PPL Capital Funding Inc)

Rights and Remedies Cumulative. Except as otherwise ------------------------------- provided in the last paragraph of Section 3.63.06, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Junior Subordinated Indenture (National Commerce Financial Corp)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.62.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (Creative Host Services Inc)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (Sovereign Capital Trust V)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.6308, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be 66 cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (Rogers Cable Inc)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.62.07 hereof, no right or remedy herein conferred herein, or in the Security Agreements, upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (Pride International Inc)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.62.7 hereof, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (Usn Communications Inc)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.62.07 hereof, no right or remedy herein conferred herein, upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (Envirosource Inc)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.63.06, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or -44 in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (Saks Inc)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.6308, no right or remedy herein conferred upon or reserved to the Trustee Trustees or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (Intrawest Corp)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.64.10, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders of Notes is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Trust Indenture (Bce Inc)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.6, no No right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or 51 otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Annual Report

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.6306, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity equity, or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (Land O Lakes Inc)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.63.7, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the 62 - 56 - extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Junior Subordinated Indenture (National Penn Bancshares Inc)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of ------------------------------ Section 3.62.7, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (Terra Nova Bermuda Holding LTD)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.67.07 hereof, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (Inex Corp)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.63.7, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.in

Appears in 1 contract

Samples: Junior Subordinated Indenture (Fifth Third Bancorp)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.63.6(f), no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. SECTION 5.11.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Simmons First National Corp)

Rights and Remedies Cumulative. Except as otherwise ------------------------------- provided in the last paragraph of Section 3.63.07, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Central Fidelity Capital Trust I)

Rights and Remedies Cumulative. Except as otherwise provided in the last paragraph of Section 3.66.01, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (HSBC Holdings PLC)

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