Cumulative Right Clause Samples

Cumulative Right. Nothing herein shall be deemed to diminish or ----------------- otherwise restrict the right of Indemnitee to indemnification under any provision of the Certificate of Incorporation or By-laws of the Company or under Delaware law, or from any other person, entity or otherwise. To the extent that Indemnitee is, or may be, entitled to indemnification from the Company and any other persons or entities for the same matters as are covered by this Agreement, Indemnitee shall be under no obligation to seek indemnification from such other persons or entities for any obligations of Company hereunder.

Cumulative Right. In no event, as long as any preferred shares shall be outstanding, shall any dividend whether in cash or property, be paid or declared, nor shall any distribution be made, on any of the common shares, nor shall any common shares be purchased, or otherwise acquired for value by the corporation, unless and until all dividends on the preferred shares of all series for all past quarterly dividend periods and for the them current quarterly period shall have been paid or declared and a sum sufficient for the payment thereof set apart. Additionally, in no event may the corporation purchase or make any distribution on the common shares if is in default with respect to any of its obligations for any period with respect to the sinking fund, if any, to be used for the redemption of any series or preferred shares. The foregoing provisions of this paragraph, however, shall not prohibit a dividend on common shares in exchange for, or through application of the proceeds of the sale of, common shares. Full Participation

Cumulative Right. No Waivers; Specific Performance Each right, remedy and power granted to Secured Creditor hereunder shall be cumulative and in addition to any other right, remedy or power specifically granted herein, in the Senior Debt Documents or Junior Debt Documents (as applicable) or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by Secured Creditor, from time to time, concurrently or independently and as often and in such order as Secured Creditor may deem expedient. Any failure or delay on the part of Secured Creditor in exercising any such right, remedy or power, or abandonment or discontinuance of steps to enforce the same, shall not operate as a waiver thereof or affect the rights of Secured Creditor thereafter to exercise the same, and any single or partial exercise of any such right, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy or power, and no such failure, delay, abandonment or single or partial exercise of the rights of Secured Creditor hereunder shall be deemed to establish a custom or course of dealing or performance among the parties hereto. At any time that any Junior Creditor fails to comply with any provision of this Agreement that is applicable to Junior Creditors, Senior Agent or any Senior Lender may demand specific performance of this Agreement, whether or not Borrowers have complied with this Agreement, and may exercise any other remedy available at law or equity.

Cumulative Right. All rights and remedies of Secured Party in this Agreement are cumulative and are in addition to other rights and remedies given in this Agreement or in any evidence of or document associated with the Obligations or provided by law. 6.12