Common use of Rights and Remedies Cumulative Clause in Contracts

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Notes in Section 2.04 (f), no right or remedy herein conferred upon or reserved to the Insurer or to the 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 8 contracts

Samples: Assignment and Servicing Agreement (Ikon Receivables LLC), Indenture (Ikon Receivables Funding LLC), Insurance Agreement (Ikon Receivables LLC)

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Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Notes in Section 2.04 (f)2.05(f) hereof, no right or remedy herein conferred upon or reserved to the Insurer Indenture Trustee or to the 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 8 contracts

Samples: Indenture (Diamond Resorts International, Inc.), Indenture (Diamond Resorts International, Inc.), Diamond Resorts International, Inc.

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 2.7 (fReplacement Notes), no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders 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 or subsequent assertion or employment of any other appropriate right or remedy.

Appears in 8 contracts

Samples: Indenture (Central European Distribution Corp), Indenture (Latchey LTD), Restricted Payments (CEDC Finance Corp LLC)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in the last paragraph of Section 2.04 (f)3.6, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders 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 (Cccisg Capital Trust), Buffets Inc, Signature Resorts Inc

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)2.07 of this Indenture, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders Holders is intended to be exclusive of any other right or remedy, and every right and remedy shallare, 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: Senior Notes Indenture (ModivCare Inc), Senior Notes Indenture (AdaptHealth Corp.), Senior Notes Indenture (AdaptHealth Corp.)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)2.07, no right or remedy herein conferred upon or reserved to the Insurer Trustee, the Notes Collateral Agent or to the Noteholders 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 (MultiPlan Corp), Supplemental Indenture (Altice USA, Inc.), Passu Intercreditor Agreement (United States Steel Corp)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in the last paragraph of Section 2.04 (f)3.06 hereof, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the 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 (Sunrise Resources Inc\mn), Indenture (Trendwest Resorts Inc), Trendwest Resorts Inc

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)2.8, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders holders of the 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 or subsequent assertion or employment of any other appropriate right or remedy.

Appears in 6 contracts

Samples: Indenture (Central European Media Enterprises N.V.), Indenture (CME Media Enterprises B.V.), Indenture (Central European Media Enterprises LTD)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)2.06, no right or remedy herein conferred in this Indenture upon or reserved to the Insurer Trustee or to the Noteholders 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 5 contracts

Samples: First Supplemental Indenture (Greenbrier Companies Inc), Indenture (Greenbrier Companies Inc), Greenbrier Companies Inc

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f2.05(d), no right or remedy herein conferred in this Indenture upon or reserved to the Insurer Trustee or to the Noteholders 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 5 contracts

Samples: Indenture (Mannkind Corp), Indenture (Mannkind Corp), Indenture (Mannkind Corp)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)2.08 of the Base Indenture, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders 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: Fourth Supplemental Indenture (Redwood Trust Inc), Redwood Trust Inc, Second Supplemental Indenture (Redwood Trust Inc)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)2.07 hereof, no right or remedy herein conferred upon or reserved to the Insurer Trustee, or the Notes Security Agent or to the Noteholders 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: Supplemental Indenture (Altice USA, Inc.), Supplemental Indenture (Altice USA, Inc.), Supplemental Indenture (Altice USA, Inc.)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Notes in the last paragraph of Section 2.04 (f)2.04, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the 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 5 contracts

Samples: Trust Indenture (Autobond Acceptance Corp), Indenture (Copelco Capital Funding Corp X), Trust Indenture (Autobond Acceptance Corp)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in the last paragraph of Section 2.04 (f)3.05, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders 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 4 contracts

Samples: Transwitch Corp /De, Transwitch Corp /De, Transwitch Corp /De

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)2.07 hereof, no right or remedy herein conferred upon or reserved to the Insurer Trustee, to the Agents or to the Noteholders 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 (PBF Holding Co LLC), Indenture (PBF Energy Co LLC), Indenture (PBF Holding Co LLC)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in the last paragraph of Section 2.04 (f)2.08, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the 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 (LEAF Equipment Finance Fund 4, L.P.), Lockbox Intercreditor Agreement (Resource America, Inc.), Indenture (LEAF Equipment Finance Fund 4, L.P.)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen wrongfully taken Notes in Section 2.04 (f)2.8, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders 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 or subsequent assertion or employment of any other appropriate right or remedy.

Appears in 4 contracts

Samples: Mezzanine Indenture (Waterford Wedgwood PLC), Senior Indenture (Valentia Telecommunications), Eircom Funding (Valentia Telecommunications)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)3.10, no right or remedy herein conferred upon or reserved to the Insurer Trustee, the Servicer, the Special Servicer or to the Noteholders 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 4 contracts

Samples: Indenture and Servicing Agreement (Gotham Golf Corp), Indenture and Servicing Agreement (Gotham Golf Corp), Indenture and Servicing Agreement (Gotham Golf Corp)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in the last paragraph of Section 2.04 (f)306, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the 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 (PDS Financial Corp), Indenture (PDS Financial Corp), Indenture (Onyx Acceptance Corp)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in the last paragraph of Section 2.04 (f)2.12, no right or remedy herein conferred in this Indenture upon or reserved to the Insurer Trustee or to the Noteholders 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 3 contracts

Samples: Indenture (Ciphergen Biosystems Inc), Exchange and Redemption Agreement (Ciphergen Biosystems Inc), Radisys Corp

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Notes in Section 2.04 (f2.4(f), no right or remedy herein conferred upon or reserved to the Insurer Indenture Trustee or to the 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 3 contracts

Samples: Indenture (Provident Lease Receivables Corp), Indenture (Provident Lease Receivables Corp), Indenture (Provident Lease Receivables Corp)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in the last paragraph of Section 2.04 (f)3.06, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the 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 3 contracts

Samples: Local Financial Corp /Nv, Hawthorne Financial Corp, Hawthorne Financial Corp

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen wrongfully taken Notes in Section 2.04 (f)3.07 of the Base Indenture, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders 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: Fourth Supplemental Indenture (Manitowoc Co Inc), Supplemental Indenture (Manitowoc Co Inc), First Supplemental Indenture (Manitowoc Co Inc)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Notes in Section 2.04 (f)2.04(f) hereof, no right or remedy herein conferred upon or reserved to the Insurer Indenture Trustee or to the 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 3 contracts

Samples: Indenture and Servicing Agreement (MARRIOTT VACATIONS WORLDWIDE Corp), Indenture and Servicing Agreement (Marriott Vacations Worldwide Corp), Indenture and Servicing Agreement (Marriott Vacations Worldwide Corp)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen wrongfully taken Senior Subordinated Notes in Section 2.04 (f)2.07, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders 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 (Trism Inc /De/), Indenture (Trism Inc /De/), Indenture (Trism Inc /De/)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)15.6, no right or remedy herein conferred upon or reserved to the Insurer or to the Noteholders 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: Facility Agreement (TPG Advisors IV, Inc.), Facility Agreement (TPG Advisors IV, Inc.), Facility Agreement (TPG Advisors IV, Inc.)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f307(d), no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders Holders is intended to be exclusive of any other right or remedy, and and, subject to the provisions of Section 507, 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: Xerox Corp, Xerox Corp

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in the last paragraph of Section 2.04 (f)3.7, subject to Section 5.8, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders 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 2 contracts

Samples: Brookfield Renewable (Brookfield Renewable Partners L.P.), Brookfield Property Partners L.P.

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in the last paragraph of Section 2.04 (f)2.11, no right or remedy herein conferred in this Indenture upon or reserved to the Insurer Trustee or to the Noteholders Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by applicable 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 (Mindspeed Technologies, Inc), Indenture (Infocrossing Inc)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in the last paragraph of Section 2.04 (f)307, no right -71- or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders 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: Phillips Van Heusen Corp /De/, Phillips Van Heusen Corp /De/

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in the last paragraph of Section 2.04 (f)2.08, no right or remedy herein conferred upon or reserved to the Insurer Indenture Trustee or to the 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: Nova Corp \Ga\, Nova Corp \Ga\

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)2.7, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders 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 or subsequent assertion or employment of any other appropriate right or remedy.

Appears in 2 contracts

Samples: Indenture (Versatel Telecom International N V), Indenture (Versatel Telecom International N V)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)2.07, no right or remedy herein conferred upon or reserved to the Insurer Indenture Trustee, to any of the Insurers or to the 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: Master Indenture (Spirit Finance Corp), Master Indenture (Spirit Finance Corp)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)2.07, no right or remedy herein conferred upon or reserved to the Insurer Trustee, the Notes Collateral Agent or to the Noteholders 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 under this Indenture or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunderunder this Indenture, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 2 contracts

Samples: Junior Priority Intercreditor Agreement (FTAI Infrastructure LLC), Junior Priority Intercreditor Agreement (Fortress Transportation & Infrastructure Investors LLC)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Series B Notes in Section 2.04 (f)2.07 hereof, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders Holders of the Series B 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 2 contracts

Samples: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.)

Rights and Remedies Cumulative. Except as otherwise provided ------------------------------ with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)2.8, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders 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 or subsequent assertion or employment of any other appropriate right or remedy.

Appears in 2 contracts

Samples: Indenture (Cybernet Internet Services International Inc), Indenture (Cybernet Internet Services International Inc)

Rights and Remedies Cumulative. Except as otherwise ------------------------------ provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)2.8, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders 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 or subsequent assertion or employment of any other appropriate right or remedy.

Appears in 2 contracts

Samples: Cybernet Internet Services International Inc, Cybernet Internet Services International Inc

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Notes in the last paragraph of Section 2.04 (f)2.04, no right or remedy herein conferred upon or reserved to the Insurer Indenture Trustee or to the 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 (Acc Consumer Finance Corp), Chevy Chase Bank FSB

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Series A Notes in Section 2.04 (f)2.07 hereof, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders Holders of the Series A 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 2 contracts

Samples: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Notes in Section 2.04 (f)2.5(f) hereof, no right or remedy herein conferred upon or reserved to the Insurer Indenture Trustee or to the Noteholders is intended to be 58 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 (Bluegreen Vacations Holding Corp), Indenture (Bluegreen Vacations Corp)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in the last paragraph of Section 2.04 (f)2.12 hereof, no right or remedy herein conferred in this Indenture upon or reserved to the Insurer Trustee or to the Noteholders 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 2 contracts

Samples: Indenture (BMB Munai Inc), Indenture (BMB Munai Inc)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)2.08, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders 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 or subsequent assertion or employment of any other appropriate right or remedy.

Appears in 2 contracts

Samples: Supplemental Indenture (Vantiv, Inc.), info.vantiv.com

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)2.07 of the Base Indenture, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders 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 (Onyx Pharmaceuticals Inc), Gevo, Inc.

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Convertible Notes in the last paragraph of Section 2.04 (f)306, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders 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 (St Assembly Test Services LTD), St Assembly Test Services LTD

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)2.8 of the Base Indenture, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders 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: Second Supplemental Indenture (Intermune Inc), Indenture (Intermune Inc)

Rights and Remedies Cumulative. Except as otherwise provided ------------------------------------- with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen wrongfully taken Notes in Section 2.04 (f)2.09, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders 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: CFW Communications Co

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen New Discount Notes in the last paragraph of Section 2.04 (f)310, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders 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: Ddi Corp

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen wrongfully taken Notes in Section 2.04 (f)2.06 hereof, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent Indenture 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: Intercreditor Agreement (Global Crossing LTD)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in the last paragraph of Section 2.04 (f)306, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders each and every Holder of a Note is intended to be exclusive of any other right or remedy, and every right and remedy shallremedy, to the extent permitted by law, shall 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: Commercial Federal Corp

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)2.07 hereof, no right or remedy herein conferred upon or reserved to the Insurer Trustee, the Notes Collateral Agent or to the Noteholders 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 (Michaels Companies, Inc.)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)2.08 of the Base Indenture, no right or remedy herein conferred upon or reserved to the Insurer Trustees or to the Noteholders Holders is intended to be exclusive of any other right or remedy, and every right and remedy shallare, 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: Supplemental Indenture (Thompson Creek Metals CO Inc.)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Notes in Section 2.04 (f)2.5(f) hereof, no right or remedy herein conferred upon or reserved to the Insurer Indenture Trustee or to the Noteholders is intended to be 56 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 (BBX Capital Corp)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)2.08, no right or remedy herein conferred upon or reserved to the Indenture Trustee, the Insurer or to the 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 (Capital Automotive Reit)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Notes in Section 2.04 (f)2.05(f) hereof, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the 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: KMC Telecom Holdings Inc

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Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Notes in Section 2.04 (f), no right or remedy herein conferred upon or reserved to [the Insurer or to to] the 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: Ikon Receivables Funding LLC

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)2.11, no right or remedy herein conferred upon or reserved to the Insurer Trustee, or the Collateral Trustee or to the Noteholders 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: Supplemental Indenture (Kleopatra Holdings 2 S.C.A.)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)2.07 hereof, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders 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 106 Exhibit 4.81 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 (Domus Holdings Corp)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Notes in Section 2.04 (f2.5(d), no right or remedy herein conferred upon or reserved to the Insurer Indenture Trustee or to the 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: Master Indenture (Smurfit-Stone Container Enterprises Inc)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Notes in Section 2.04 (f2.5(d) and as provided in Section 5.3(i), no right or remedy herein conferred upon or reserved to the Insurer Indenture Trustee or to the 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: Master Indenture (CDF Funding, Inc.)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in clause (e) of Section 2.04 (f)308, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders 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: Calpine Corp

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)2.07, no right or remedy herein conferred upon or reserved to the Insurer Trustee, the Collateral Trustee or to the Noteholders Holders under this Indenture is intended to be exclusive of any other right or remedy, and every right all such rights and remedy shallremedies are, 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, shall will not prevent the concurrent assertion or employment exercise of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (Seadrill LTD)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in the last paragraph of Section 2.04 (f)2.7 hereof, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the 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 (Votorantim Pulp & Paper Inc)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in the last paragraph of Section 2.04 (f)3.6 of the Base Indenture, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders 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: Second Supplemental Indenture (Axos Financial, Inc.)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)2.07, no right or remedy herein conferred upon or reserved to the Insurer Trustee, or the Security Trustee or to the Noteholders Holders is intended in- tended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted per- mitted 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 otherwiseoth- erwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: sec.report

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)2.08 hereof, no right or remedy herein conferred upon or reserved to the Insurer Trustee, Collateral Agent or to the Noteholders 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 (At Home Group Inc.)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)2.07, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders Holders is intended to be exclusive of any other right or remedy, and every right and remedy shallare, 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.or

Appears in 1 contract

Samples: Indenture (Concordia International Corp.)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)2.06, no right or remedy herein conferred in this Indenture upon or reserved to the Insurer Trustee or to the Noteholders Holders of Notes is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the 37 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 (Digital River Inc /De)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)2.7 and as provided in Section 4.7, no right or remedy herein conferred upon or reserved to the Insurer Fiscal Agent or to the Noteholders 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: Fiscal Agency Agreement (Takeda Pharmaceutical Co LTD)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)2.07, no right or remedy herein conferred upon or reserved to the Insurer Trustee, the Notes Collateral Agent or to the Noteholders 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 otherwiseother- wise. 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: First Lien Intercreditor Agreement (Baldwin Insurance Group, Inc.)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment repayment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f2.07(d), no right or remedy herein conferred in this Indenture upon or reserved to the Insurer Trustee or to the Noteholders 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: Lecroy Corp

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)2.07, no right or remedy herein conferred upon or reserved to the Indenture Trustee, the Insurer or to the 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: Trustreet Properties Inc

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Notes in Section 2.04 (f)Series 1998-1 Notes, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Series 1998-1 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: Agreement (Advanta Leasing Receivables Corp V)

Rights and Remedies Cumulative. Except as otherwise provided in Section 2.09 with respect to the replacement or payment repayment of mutilated, defaced or apparently destroyed, lost, lost or stolen Notes in Section 2.04 (f)Notes, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders 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 To the extent permitted by law, 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: Cnooc LTD

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes of either series in Section 2.04 (f)2.07, no right or remedy herein conferred upon or reserved to the Insurer Trustee, or the Security Agent or to the Noteholders 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 (Royal Caribbean Cruises LTD)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen wrongfully taken Notes in Section 2.04 (f)2.06 hereof, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent Indenture --------- 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: Global Security Agreement (Global Crossing LTD)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)2.07, no right or remedy herein conferred upon or reserved to the Insurer Trustee, the Collateral Trustee or to the Noteholders 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 (Unisys Corp)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen wrongfully taken Notes in Section 2.04 (f)2.08 [Replacement Notes], no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders 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: Collateral Trust Agreement (Aes Corp)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)2.07, no right or remedy herein conferred upon or reserved to the Insurer Indenture Trustee, any of the Insurers or to the 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: Master Indenture (Spirit Finance Corp)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)306 of the Base Indenture, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders 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: First Supplemental Indenture (Chimera Investment Corp)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Second Lien Exchangeable Notes in Section 2.04 (f)2.07, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders Holders is intended to be exclusive of any other right or remedy, and every right and remedy shallare, 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: WeWork Inc.

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Notes in Section 2.04 (f)2.05 hereof, no right or remedy herein conferred upon or reserved to the Insurer Indenture Trustee or to the 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: Encore Capital Group Inc

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Notes in Section 2.04 (f2.5(f), no right or remedy herein conferred upon or reserved to the Insurer Indenture Trustee or to the 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 (Sunterra Corp)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)2.07 hereof, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders 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 cumula- tive 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 sha l not prevent the concurrent assertion or employment of any other appropriate right or remedy.

Appears in 1 contract

Samples: Indenture (CONDUENT Inc)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)2.8, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders 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 or subsequent assertion or employment of any other appropriate right or remedy.. -49-

Appears in 1 contract

Samples: Fresenius Medical Care AG & Co. KGaA

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Notes in Section 2.04 (f)2.05(f) hereof, no right or remedy herein KL2 2868730.8 conferred upon or reserved to the Insurer Indenture Trustee or to the 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 (Diamond Resorts International, Inc.)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)2.06, no right or remedy herein conferred upon or reserved to the Indenture Trustee, the Certificate Insurer or to the 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 (U S Restaurant Properties Inc)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)2.07, no right or remedy herein conferred upon or reserved to the Insurer Trustees or to the Noteholders Holders is intended to be exclusive of any other right or remedy, and every right and remedy shallare, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or under any Collateral Document, 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 (Eldorado Gold Corp /Fi)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)2.09 of the Base Indenture, no right or remedy herein conferred upon or reserved to the Insurer Trustee or to the Noteholders 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: Supplemental Indenture (Post Holdings, Inc.)

Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost, lost or stolen Notes in Section 2.04 (f)3.9, no right or remedy herein conferred upon or reserved to the Insurer Trustee, the Servicer, the Special Servicer or to the Noteholders 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: Indenture and Servicing Agreement (Vornado Realty Trust)

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